Two gay women yesterday won an action for discrimination against a Cork publican after a judge ruled that there had been a technical breach of the Equal Status Act by the publican when he had asked the couple to stop kissing in his bar.
The action was brought by the Equality Authority on behalf of Eileen Twomey and Myra McGuirk, Castle Close Road, Blarney, Co Cork, against publican and former Cork hurler Michael Malone of Malone's Pub, Blarney, for discrimination on the grounds of sexual orientation.
The women claimed that they had been discriminated against by Mr Malone when he asked them to stop kissing in his pub on March 13th, 2005.
Mr Malone denied any discrimination on the basis that he would have stopped a heterosexual couple from similar behaviour.
Judge Patrick Clyne noted at Cork District Court yesterday that people at a party in the pub on the same night were engaged in "antics" with a blow-up doll, but Mr Malone had taken no action.
He found Mr Malone was guilty of a technical breach of the Equal Status Act.
However, Judge Clyne added that he was "quite satisfied that the applicants were the authors of everything that happened that night".
He said people should exhibit good manners and conform to local norms and declined to award redress or costs to the applicants.
Eileen Twomey had told how Mr Malone had approached her after she had given her partner, Ms McGuirk, "a peck on the lips" as she went to play a game of pool.
He told her that her behaviour was unacceptable "and, if you don't stop, I will have to ask you to leave".
Mr Malone said he felt that he had no option but to approach the women before a customer did and a situation developed.
Welcoming the outcome of the case, Niall Crowley, chief executive of the Equality Authority, praised "the courage of the claimants in bringing forward this case.
"The incident was traumatic for them yet they have come forward as valuable role models for the gay and lesbian community in challenging homophobia," he said.