Encountering racist door policy

Skrynesaver

In the event that three people have agreed to meet up in a pub and the two white guys walk in without issue but get a phone call from their black friend saying he hasn't been allowed entry, how would you go about damaging the reputation of the business involved, not looking for financial comeback but I would really like to hurt their business badly if possible...

Gumbi

Skrynesaver wrote: »

In the event that three people have agreed to meet up in a pub and the two white guys walk in without issue but get a phone call from their black friend saying he hasn't been allowed entry, how would you go about damaging the reputation of the business involved, not looking for financial comeback but I would really like to hurt their business badly if possible...

On what basis did you determine that the discrimination was race-based?

MagicSean

Skrynesaver wrote: »

how would you go about damaging the reputation of the business involved, not looking for financial comeback but I would really like to hurt their business badly if possible...

Sounds like a noble goal

amdublin

How do you know he was not allowed in because of his race?

What reason did the business give for the refusal?

Skrynesaver

They didn't speak to either of the white guys, we just walked in. They stopped the black guy, who explained he'd agreed to meet a number of colleagues and friends as he is relocating to out US office. he was informed that his get together would take up too much space, the place was half empty and I've never come across a pub that didn't want a group of people celebrating (and thus spending money) in their shop.

Ideally I'd like to make a submission to object to their license being renewed, or failing that raise enough of a noise that their reputation is severely damaged.

Delancey

Discuss with the Equality Authority - be extremely careful making allegations about any person or business.

christmas2012

if you are sure it was done under the premise of you being black i would say follow it up..

Procrastastudy

Trip Advisor

Claire McCarthy Cork

You will find the consolidated Equal Status Act here: http://www.inis.gov.ie/en/JELR/EqualStatusActsConsldtd_00_04.pdf/Files/EqualStatusActsConsldtd_00_04.pdf

The Act prohibits discrimination by service providers on several grounds one of which is race. The procedure is that a person who has experienced discrimination has 2 months in which to make a complaint (this can be extended to 4 months under certain circumstances).

Take a look at section 21. It directs that the person who experienced the discrimination should begin by writing to the “respondent” (in this case the owner of the pub), describing the incident and why you feel it was discriminatory, stating that you intend to take action under the Act, and possibly suggesting that he respond to you.

My personal opinion is that this simple letter is always worth doing. If this was an errant doorman, the owner will be informed and the doorman may be instructed to change his attitude. If the doorman was acting according to the owner’s policy, the owner may get a fright, hopefully take the letter to his solicitor, and be strongly advised to change the policy or risk litigation and fines. Just use plain English and common sense, and cut and paste Section 21 in there as well.

The next step is to make a formal complaint to the Equality Authority. If you haven’t had a satisfactory answer from the respondent one month after writing your letter, the incident will be investigated. They may very well award compensation in respect of an incident like this.

If people don't complain about this kind of ugly racist discrimination, it will continue to happen. Your friend may also wish to consider registering his complaint online with the Irish Network Against Racism. This won't have any legal effect. INAR are an independent, non-governmental organisation who monitor racism by helping people to register racist incidents. They do this because in Ireland the government doesn't, any more, and our governments have tended not to take racism seriously or to even believe that it is a reality here. The incidents that are reported inform INAR's work and the statistics are used in campaigns for political reform.
http://enarireland.org/racist-incident-reporting-form/

Claire McCarthy Cork

amdublin wrote: »

How do you know he was not allowed in because of his race?

What reason did the business give for the refusal?

One last thing. This question is a red herring. You don't need to know that you weren't allowed in because of your race. If you believe that was the reason, then it is up to the owner to prove that the action was not discriminatory. The burden of proof lies with the owner, in this case, to disprove the allegation of discrimination under the Act. See section 38A.

ScouseMouse

Unless you can back up your claims, I suggest you think twice.

Going online asking questions about deliberately damaging a business could result in you finding yourself in a heap of trouble.

You could be sued for damages if you proceed and cannot prove it.

MarkR

Can't see how you can prove the reason, other than by what the door staff said. You've presumably taken your business elsewhere. You could always ask to speak to a manager following the incident, maybe it was racism, and it was only on the part of the door staff. In which case it would be a bit unfair to try to undermine their business.

Give them an opportunity to at least hear about it.

Procrastastudy

I bet it was those bloody polish wasn't it. I hate racism!

Delancey

Perhaps someone can refresh my memory ?

Years ago a mini ' industry ' grew up around Travellers claiming discrimination and getting substantial awards as a result of same , it reached the point where it was believed these were ' engineered ' situations to extract money from pubs , clubs , etc.

The then Justice Minister stopped it - anyone remember the mechanism used to achieve this ?

tipptom

I dont see how it will be that diffcult to prove,hundreds of travellers have been succesful in cases taken against pubs in these circumstances.If you are sucessful then the papers would be on it big time,that should get even and get scummer doorman the bullet.

MagicSean

tipptom wrote: »

I dont see how it will be that diffcult to prove,hundreds of travellers have been succesful in cases taken against pubs in these circumstances.If you are sucessful then the papers would be on it big time,that should get even and get scummer doorman the bullet.

hundreds?

NoQuarter

Maybe you should realise that bouncers nowadays are independent and providd by a company to lots of clubs, just before you go and try ruin a perfectly good business on a hunch you know?

If there was racial discrimination then I hope you can prove it, otherwise enjoy your defamation proceedings.

tipptom

MagicSean wrote: »

hundreds?

MMM havnt got figures,kind of of the top of my head but there was a lot of cases and they just had to show there was no reason for refusing them,not saying this is the way the op and his friends want to go but it definatly shook up door policy,I think the organisation that backed them was closed or amalgamated due to goverment cut backs.

FreudianSlippers

Not an appropriate thread for Legal Discussion. I remind users not to feed the trolls.