A partially sighted woman who was refused service in a restaurant because she had her guide dog with her was discriminated against on the grounds of disability, the Equality Tribunal has ruled.
Ms Orla Byrne and Mr Pat Houlihan were denied service in Hog Heaven Ltd, trading as Boss Hoggs in Dublin. On February 1st last they were told by a member of staff that they could not be served as other customers would object to the presence of Ms Byrne's guide dog.
The proprietor of the restaurant stated that he fully accepted the facts and apologised for the manner in which the two people were treated.
He had notified all staff members that guide dogs were allowed on the premises and that the member of staff in question was incorrect. He accepted that the two people were treated in a discriminatory manner and that this had been deeply embarrassing to them. The respondent accepted vicarious liability for the actions of the staff member in question.
The proprietor gave a number of undertakings in settlement. He would forward to the complainants a letter from the member of staff who refused them service containing a full apology for the manner in which they were treated. It would state that the staff member was now fully aware of the requirements of the Equal Status Act 2000.
The respondent would post a notice in his premises stating that guide dogs were welcome.
He would provide a meal for the complainants either in his premises or pay for a meal in an establishment nearby of the complainant's choice. He would also make a donation of €50 to the Irish Guide Dogs Association and undertake to regularise his position with regard to the requirements of company law, in particular in relation to the correct registration of the company business name. The complainants had difficulty identifying the correct respondent.
The Equality Officer said she found the complainants were discriminated against on the disability ground.
She deemed the undertakings of sending a letter and €50 donation to be appropriate redress and should be carried out not later that three months from the decision date.
She recommended that the respondent regularise the position in relation to company law registration of his business.