Dealing with discriminate door policies (this page)

CALLING TIME ON PUBLICANS

"I recently raised this matter in the Dáil and was informed that a person can only be refused entry to a pub if they are drunk, quarrelsome or violent."
Brian Hayes TD

Few would dispute that Ireland is predominantly a drinking nation. The vast majority of social entertainment is based around the public bar.

For many years Irish publicans held remarkably free rein in how they could choose to operate their business. They could refuse service to anyone without having to provide any reason in law. Theoretically all that dramatically changed in law with the introduction of the equal status legislation of 2000. Theoretically, because although the legislation changed the law, many publicans still remain unaware of their obligations or willingly and deliberately continue to flout the law. And it is not the publicans alone. The disease of wanton discrimination has become rampant among the so-called ‘security’ staff employed at almost every popular bar and night club.

The provisions of the legislation provided redress for certain forms of discrimination in obtaining service or goods. It also outlaws discriminate practise by publicans on a number of levels. Regretably many publicans continue to deliberately flout the law in this respect.

Comments by publicans in County Mayo in 2003 revealed the arrogance of many of those working within the victuallers trade. What is more disturbing is that in this case an official organisation chose to side with the publicans in a blatant display of discriminate attitude. One of those doing so was the chief executive of the IVF, Tadg O'Sullivan, who has openly displayed his bias on previous occasions.

Ireland also runs a very real risk of becoming a nation dominated by rogue doorstaff who continue acting with impunity outside of the law. The signs of such development are already clearly visible to those who care to look. This is not to suggest that all doorstaff should be tarred with the same brush—far from it. But effective legislation is required and is required now.

The Equal Status Act is itself poor;y inadequate, as a close examination of its provisions will reveal. What must be questionable is the degree to which pecuniary considerations were allowed to dictate the provisions of the legislation. Painting an external picture of rosy openness will no longer work, as the high number of high level corruption cases have revealed over the past few years.

It is insufficient for the law makers and law keepers to permit arrogant publicans to continue their unlawful practices unchallenged.

Those who refuse to accommodate the letter of the law should have their licences revoked. Further trouble of the same nature should lead to a permanent revocation of their association with the licensed trade. And why not? Those who continue defying the law as regards driving on the roads risk losing their privilege of driving a vehicle.

In 2003 a judge in County Mayo renewed the licence for a publican who initiated a blanket ban on so-called travellers at his premises. Although the judge strongly criticised the actions of the publican as a back-door attempt to change the existing equality laws, she stated that she did not consider his actions 'racist'.

Commenting after the court case, the publican stated that he imposed the ban in an attempt to let publicans 'regain control over their premises'.

The fact of the matter is that the control of any public premises must remain within the overall jurisdiction of the law and not within the jurisdiction of the individual publican's wishes. At the same time, effective legislation must permit publicans to safeguard themselves and their interests within the letter of the law.

Publicans have pointed a loaded gun at civil rights and have confused their own rights in law with their own wishes. It is time for the Government to play its part of working for the electorate. To permit rogue publicans to openly cock a snoot at the law is to open the floodgates to much broader difficulties.

Related item
equality — a concept without distinction

Anti-racism links
http://www.lnar.org
http://www.knowracism.ie

 

Dealing with discriminate door policies

There is no greater incentive for policy change than a bad press. Those who operate businesses in the public domain rely on the goodwill of the public to survive and a bad press can have a huge impact.

Discriminate public house entry policy has become increasingly common over the last few years despite the provisions in legislation outlawing it. And many people have become aware of it and have frowned on its presence.

In such circumstances it is astonishing that local media do not trake up the cudgels against premises blatanty continuing to operate discriminate door entry. Sometimes that discrimination is through poor straining or through ignorance and sometimes it is intentional.

It would be worrying to speculate that local newspapers do not highlight the existence of such practise in their neighborhoods because those businesses frequently, if not regularly carry large and costly advertisements in the newspapers. Constraints on editorial departments by advertising revenue bosses is a common enough matter. Where it exists is a sign of a poor quality newspaper in that the management is willing to compromise the newspaper's editorial integrity. Such a situation is itelf poor news for the community that the newspaper represents.

Taking the right steps to improving society requires some tough decisions that impact financially in the short term. The decision to take them also signifies whether those able to do so really do have the better interests of society to heart.

 


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