DEC-S2001-008
OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NO: DEC-S2001-008
Patrick O'Brien
v
Killarney Ryan Hotel
(Represented by Mason Hayes & Curran, Solicitors)
File No. ES/2001/71
Date of Issue 20/8/2001
Headnotes:Equal Status Act 2000 - Direct discrimination, section 3(1) - Proper adherence to Notification procedure, section 21(2) - Membership of the Traveller community, section 3(2)(i) - Imputed membership of the Traveller community, section 3(1)(a) - Supply of goods and services, section 5(1) - Service in pubs - Risk of disorderly conduct, section 15 - Establishment of a prima facie case.
This dispute concerns a complaint by Mr Patrick O' Brien that he was discriminated against, contrary to Sections 3(1) and 3(2)(i) of the Equal Status Act 2000, by the Killarney Ryan Hotel, on the grounds of his membership of the Traveller community. The complainant maintains that he was discriminated against on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Act 2000 in that he was not provided with a service which is generally available to the public contrary to Section 5(1) of the Act. The respondents deny discrimination and maintain that they were entitled, under section 15 of the Act, to refuse him service because the complainant posed a risk of criminal or disorderly behaviour.