Jarveys back in park after temporary injunction
The Jarveys were unable to access the park after bollards at its entrances were raised early last Tuesday morning, making it impossible for their vehicles to get past. The court heard that this measure arose out of their refusal to attach dung catchers to their horse -drawn carriages.
Yesterday at the High Court a group of 27 Jarveys was granted an interim injunction restraining the National Parks and Wildlife Service from barring their access to the park and compelling the service to remove de-mountable bollards that were installed on July 14.
Lawyers acting for the Parks Service had opposed the granting of the injunction.
The service had sought to have the matter adjourned to early next week in order to prepare a full reply to the Jarveys’ claims, which are denied.
The order was granted by Mr Justice John Hedigan, who made the matter returnable to next week.
The judge said that “with some considerable doubt” he was prepared to grant an interim injunction ordering that the bollards be lowered so that the Jarveys could enter the park.
He said that this was a difficult situation where he had to balance the service’s function in maintaining and managing the park against the ability to earn a living of the Jarveys, who are part of the Killarney tourist experience. However, in what are difficult economic times he was prepared to grant the interim injunction.
The court heard that the Jarveys had been unable to work since Tuesday in what is their busiest time of year.
It was so busy in Killarney over the next few days that Kerry’s Gaelic footballers were unable to use Fitzgerald Stadium this weekend for a championship match because of concerts due to be held there – including the Pussycat Dolls playing as part of the Summerfest celebration.
Last Tuesday the discovery was made that the height of bollards in the middle of gateways at the park had been raised. As a result the Jarveys could not enter the scenic section of the national park – officially known as Bourn Vincent Memorial Park – which is part of the route on which they bring tourists.
The judge said their inability to carry visitors through the park would have a devastating effect on their ability to earn a living. He added that a Jarvey ride is an integral part of the Killarney tourist product and the service’s actions were “dramatic and draconian”.
The Jarveys say they were blocked because they have refused to attach dung catchers to their horse-drawn vehicles.
The National Parks and Wildlife Service, it is claimed, will not grant the Jarveys a license to use the park unless dung catchers are attached.
Lawyers for the service argued that this was not an appropriate case for an interim injunction to be granted.
