Right to refusal, what grounds is it on?

Hurricane91

Just looking for some clarity.

I was refused entry to a pub/club in Dublin on a Saturday night. Reason being as I was on Crutches with a broken ankle. I said to the bouncer I was aware of the risk and I'm okay with it etc. He quoted House rules, health and safety etc etc. From what I can gather they can refuse anyone without it being regarded as discrimination, as long as they don't specify a reason. But he specified it was my Crutches, I even said "so because I'm disabled you're not letting me in?" and he said yes. *side note, I wouldn't dare try and claim myself as being disabled, simply temporarily disabled through injury is all, was just getting clarification from the bouncer*

I can't really find any legal specifications online so I turned to boards

Anyone with answers would be greatly appreciated. Thank you in advance.

hungry hypno toad

Crutches for a broken ankle does not mean you are disabled.

Hurricane91

You must have missed this entire part so.

*side note, I wouldn't dare try and claim myself as being disabled, simply temporarily disabled through injury is all, was just getting clarification from the bouncer*

hungry hypno toad

Hurricane91 wrote: »

You must have missed this entire part so.

*side note, I wouldn't dare try and claim myself as being disabled, simply temporarily disabled through injury is all, was just getting clarification from the bouncer*

I didn't miss it, you wouldn't have said it to bouncer if you didn't believe it or mean it.

Skatedude

It could easily be a health and safety concern, You would be considered a high risk as your injury and use of crutches during an emergency would impede your exit from the club.

Or they would consider that you would be more likely to be injured due to just navigating the club on a normal night which would make the club open to a lawsuit.

Remember, you are in the country where every business is rightly scared stiff of been sued and you saying that you are ok with it dosen't mean a thing. Still sucks though

Samuel T. Cogley

Well, you are temporarily disabled to be fair. AFAIK there is an exemption from discrimination if the disability might put yourself or others in potential danger. Packed club, alcohol etc. etc. would seem to meet that standard.

snowflaker

Why would you go to a club whilst on crutches???

Samuel T. Cogley

snowflaker wrote: »

Why would you go to a club whilst on crutches???

Same reason as any other the drink and the girls/boys I'd imagine. I assume it's not a groin strain.

Samuel T. Cogley

BTW Legal Specifications.

nosilver

You say you were aware of the risk, but that would not exonerate the club if something happened.

Similarly if someone turned up to a building site without safety shoes - even if they signed a disclaimer, the employer is responsible.


So, person with broken ankle on crutches in night club, simply is a heath and safety issue for the club. Hence you were refused on heath and safety grounds. And imo, quite rightly.

snowflaker

Samuel T. Cogley wrote: »

Same reason as any other the drink and the girls/boys I'd imagine. I assume it's not a groin strain.

Dancing?

Elemonator

It could easily be a health and safety concern. It could be because your temporary impediment could cause you to slowed in the event of an evacuation, it could cause you to injure yourself further which might make the proprietor liable for something, or it could even be argued that a crutch could be used a weapon by a drunken assailant even if that is highly unlikely.

Samuel T. Cogley

snowflaker wrote: »

Dancing?

Given the average dancing ability of a pissed up 20 something, I'd say it's not really very high on the list of reasons to attend.

lifeandtimes

Elemonator wrote: »

It could easily be a health and safety concern. It could be because your temporary impediment could cause you to slowed in the event of an evacuation, it could cause you to injure yourself further which might make the proprietor liable for something, or it could even be argued that a crutch could be used a weapon by a drunken assailant even if that is highly unlikely.

What about people who are disabled or have cereal palsy that need crutches etc , should they be refused entry because the may slow an evacuation or they or someone could use their crutches in an arguement?

(Just playing both arguments)

Samuel T. Cogley

lifeandtimes wrote: »

What about people who are disabled or have cereal palsy that need crutches etc , should they be refused entry because the may slow an evacuation or they or someone could use their crutches in an arguement?

(Just playing both arguments)

According to (my reading which usually means it's wrong) the Equal Status Act it's not considered discrimination. Should someone with brittle bones be allowed on a bungie jump?

I certainly see the point you're raising from a moral perspective and maybe the rules of clubs should be changed, or maybe they're overcrowding but it seems to me unworkable to allow people on crutches into some of them. Wheel chairs would probably be a different story tbh as people would be more stable.