People donate €106k for restaurant's legal challenge against Covid cert

The restaurant claims that due to its refusal to comply with the vaccine pass, it has been constantly inspected by HSE compliance officers.

Almost €106,000 has been raised to support Italian restaurant Il Vicolo’s bid to legally challenge the use of the EU Digital Covid-19 Certificate. Photo: Leah Farrell / RollingNews.ie

A Galway restaurant which is the first business in the country to challenge the vaccine pass in court on the grounds of discrimination is continuing with its legal action.

Almost €106,000 has been raised to support Italian restaurant Il Vicolo’s bid to legally challenge the use of the vaccine pass.

A Go Fund Me campaign, set-up last month with a goal of reaching a €120,000 goal, has been set up to support the restaurant on Lower Dominick Street to bring a court action to challenge the ongoing implementation of the EU Digital Covid-19 Certificate on the grounds of discrimination and breach of privacy law.

The cert is used as primary evidence of vaccination or immunity when going into a pub, restaurant, café or food court to access indoor hospitality.

Following public health advice, the government agreed that the remaining aspects of the hospitality, entertainment and night-time economy sector could reopen only with the continued implementation of the Certificate or vaccine pass.

The Galway city restaurant claims that due to its refusal to comply with the measure, it has been constantly inspected by HSE compliance officers.

Il Vicolo began the online crowdfunding campaign to become the first business in Ireland to challenge the vaccine pass on the grounds of discrimination and breach of privacy law.

They claim that due to their refusal to comply, they have been constantly inspected by HSE Compliance Officers.

In a statement from Lawyers for Justice Ireland for owner Gerry McMahon and Breffni Archer, Manager, of Il Vicolo said both men “wish to extend their heartfelt gratitude for the overwhelming support they have received since our post of October 9".

“Lawyers for Justice Ireland are fully aware of the severe strain that the business was put under since the Compliance Notice was served on August 20. The constant inspections by Compliance Officers, the closure of the business following the emergency cessation order and the numerous court hearings at the District Court.

“The fact that so many people of integrity now stand beside them in their struggle against injustice and inequality is enlightening. 

Ireland needs heroes and doers like these courageous men. 

"It is now over 19 months since the first lockdown was imposed and we need to take effective court action.

“For if we do not challenge such laws at court, we risk the irretrievable erosion of human and civil rights in Irish society.” 

The statement revealed that Mr McMahon received a letter from the HSE informing him that they will start inspecting their restaurant again as there have been further complaints of non-compliance.

“The next step in challenging this discriminatory legislation will be to issue urgent Judicial Review proceedings in the High Court on the grounds of breach of EU privacy law (GDPR, 2018) and discrimination. Be part of a movement,” the statement concluded.

The challenge, if it continues to go ahead, is not expected to be heard until next year due to the Christmas Courts break.

Mr Archer, the restaurant’s manager, did not wish to comment any further on the pending legal action when contacted.