DISCRIMINATION & ADVOCACY — A FACTUAL ACCOUNT

In October 2001 Mr A entered a hotel's main bar at about 8.30pm on a weekday carrying a guitar in a soft case and intending to watch a band perform in the hotel's downstairs bar later that evening.

Mr A had been in the hotel at about 4pm earlier that afternoon following a meal elsewhere, and had drank two pints of beer before leaving to return home and finish some outstanding work. He had called into the hotel bar on a number of different occasions during the day and early evening.

On his return to the main bar during the evening in question, Mr A sat for a time alone at the bar before moving to sit at the far end of the bar and closer to some people he had met in the bar that afternoon. He ordered another pint of beer.

On finishing the drink, he decided to go to the downstairs bar as it would be about time for the band to start and he thanked the young barman and said he was going down to listen to the band.

Instead of wishing him well, the young barman replied: "You won't be going down there."

Puzzled, Mr A asked why not and, unable unable to elicit an answer from the young barman asked: "Are you saying you won't serve me?"

The barman said that was correct and on being questioned further stated he thought Mr A had "had enough".

Mr A, a seasoned traveler and a professional worker, could not understand this response and asked the barman what the problem was. He was given no reply. Disgusted by the man's attitude, Mr A collected his guitar to leave. On passing by the barman he again asked what the problem might be and again received no polite response. Instead the barman emerged from behind the bar and passed Mr A to go out into the street. A moment later two men came into the bar and without identifying themselves grabbed Mr A in a forcible manner around the neck and body and dragged him out of the bar into the street.

In the street, Mr A remonstrated with the two men and complained of their treatment of his person. He was told to 'go away', but refused and stood his ground in the street until he had said his piece. He then left and went to another bar, taking his guitar, where he stayed for about one hour before going to the garda station to report the incident as assault. No further action was taken by the garda.

The following day, on taking his guitar from its soft case Mr A discovered that the neck had been snapped and the guitar destroyed. As the only rough treatment Mr A or the case had been subjected to was in the hotel, it follows that the damage occurred during the manhandling of Mr A. this was then reported to the Garda as a follow up report.

Mr A telephoned the hotel manager to complain of the incident but was given what he describes as a hostile response when the manager attempted to place the blame on Mr A. After Mr A informed the manager that in view of his response there would be no recourse but to settle the matter in court, the manager suggested putting the matter in writing to the hotel. This was done by fax. No response to the letter, nor to a follow up faxed inquiry, has been received by Mr A.

Later that day, on feeling pain in his shoulder Mr A discovered it had turned a bruised yellow and was swollen. As the swelling did not go down nor the pain reduce after a few days, Mr A went to the casualty department of the hospital where it was X-rayed and examined and found to be damaged due to sublocation. He was given medication and requested to return for a further examination in two weeks.

The further examination showed no change and Mr A was referred to a physiotherapist by the casualty department doctor. He continued to receive treatment for the shoulder over the course of several months but it eventually became so painful a steroid injection was necessary.

Following the incident, Mr A contacted several firms of solicitors with a view to seeking compensation from the hotel management for the damaged guitar and for personal injury. Mr A has so far been unable to locate a firm willing to take the matter on in a legal aid or on a no win-no fee basis.

One company who has been examining the matter for some weeks but has yet to take any action, has instead concentrated on asking Mr A if he has had any 'trouble' at bars elsewhere in the locality, as if that were somehow relevant. Discrimination is also refusing to accept an honest account.

Mr A still has no replacement guitar and has still received no compensation in any manner for the attack upon his person.

This true account reinforces the need for effective legislation to curb arbitrary practices within privately owned public serving premises.

Such incidences have been taking place in Limerick over an extended time as the following letter shows. It was written after a couple, aged in their late 50s, who were waiting in the cold outside a city centre cinema during the winter launch of the movie Angela's Ashes, decide to step out of the queue and go into a nearby bar to warm up with a drink. They were refused entry by a doorman.

From: Michael Noonan TD
Limerick
19 January 2000

Dear XXXX,

Thank you very much for your letter dated 14th January, 2000.

Things certainly have come to a sorry pass, when a man and his wife who are waiting for the start of a film decide to go for a drink and to purchase cigarettes in a neighbouring pub and are refused admission. You put your finger on the core of the issue when you addressed the problem of unlicensed, untrained, unregulated and thuggish bouncers being employed and being given carte blanche to insult law abiding citizens such as yourself.
Fine Gael is very much aware of the many incidents, and indeed criminal assaults which have occurred as a result of bouncers abusing their authority. Deputy John Farrelly of Fine Gael, who shares a constituency with John Bruton, T.D. Leader of Fine Gael, has recently published a Bill to regulate the practices associated with the employment of bouncers.
I enclose a copy of the Bill for your information.
Kindest regards.
Michael Noonan TD

There has to date been no forward movement on the introduction of the mentioned Bill.

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