Equal Status Act 2000
EQUALITY OFFICER'S DECISION NO: DEC-S2001-018
Mr P J Forrestal
File No. ES/2001/220
Date of Issue 12/12/2001
Keywords:Equal Status Act 2000 - Direct discrimination, section 3(1) - Discrimination on the Disability ground, section 3(2)(g) - Supply of goods and services, section 5(1) - Admission to a Hotel Nightclub - Non-admission of a person in a wheelchair - Establishment of a prima facie case - Risk of disorderly conduct, section 15(1) - Action taken in good faith by the holder of a liquor licence, section 15 (2) - Discriminatory comments
This dispute concerns a complaint by Mr PJ Forrestal that he was discriminated against, contrary to Sections 3(1) and 3(2)(g) of the Equal Status Act 2000, by the staff of the Vault Nightclub, Hearns Hotel, Clonmel on the grounds of his disability.
The complainant maintains that, in not being granted access to the Vault Nightclub on 20 December 2000, because he was in a wheelchair, he was discriminated against in not being provided with a service which is generally available to the public contrary to Section 5(1) of the Act.
The respondents deny that they discriminated against the complainant and say that he was refused access because of previous trouble with some of his relatives in other establishments.