OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
Equality Officer Decision DEC-S2002-010 / 011
Mr. Brian Maughan
Mrs. Eileen Maughan
(Represented by Mr. Stephen McCullagh B.L.
instructed by O'Reilly Doherty & Co. Solicitors)
Dolly Heffernan's Public House
(Represented by Mr. James Reid)
Key words: Equal Status Act, 2000 - Direct discrimination, section 3(1) - Membership of the Traveller community, section 3(2)(i) - Supply of goods and services, section 5(1) - service in pubs - failure to reply to notification, inference under section 26 - non-co-operation with the investigation, section 37
This dispute concerns a complaint by Mr. Brian Maughan and Mrs. Eileen Maughan that they were discriminated against by the Proprietor, Dolly Heffernan's Public House. They alleged that they were discriminated against by the respondent on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Act, 2000 in that they were not provided with a service which is generally available to the public contrary to Section 5(1) of the Act.
The complainants said that they were refused service in the respondent's bar on 30 December, 2000, and contend this occurred because they are members of the Traveller community. The respondents case is that Mr. Brian Maughan caused trouble in the pub on a previous occasion when he refused to leave at closing time and as a result he was refused service when he next visited the pub on 30 December, 2000.