Ballyshannon court hearing of alleged Traveller discrimination postponed

Court cases being taken by members of the travelling community who claimed they were discriminated against by two Ballyshannon bars have been postponed, with no new date set as yet.

The cases, which are being fully contested by the respondents, were due to take place at a special sitting of Ballyshannon District Court on Wednesday, February 26.

Solicitor Rory O'Brien, who represents both bar owners, made an application at Donegal District Court on Monday, February 24 asking for the matters to be delayed. 

He said that one witness in the case involving Sean Óg’s Bar, Ballyshannon, was in Australia. And in the case of Owen Roe’s Bar, a member of the respondent’s family was in very poor health.

The court heard that 11 witnesses for the applicants had made travel arrangements and in some cases, had already travelled from the UK to give evidence.

It was suggested that the witness in Australia could give evidence by video link.

However, Judge Sandra Murphy granted Mr O’Brien’s application in both cases. Arrangements will be made for a new hearing date for the cases which are expected to last a full day.

The cases involve members of a family in Ballyshannon who say the two bars discriminated against them on the basis that they were members of the travelling community.

Applicants James Ward and Mary Ward, both of 34, Lawne Park, Ballyshannon say that Eoghan Ruadh O’Neill trading as Owen Roe’s Bar, engaged in prohibited conduct.

The respondent in the case is the owner of Owen Roe’s Bar, East Port, Ballyshannon. It is alleged that Mr and Mrs Ward entered the premises on June 1, 2022, wishing to purchase a drink. They were refused entry and asked to leave. The applicants were told that the premises was at full capacity. However they say they witnessed other patrons entering and leaving the premises. This incident, they say, left them feeling embarrassed and singled out.

In the notices served on the respondent, it is outlined that the following day, June 2, 2022, James Ward met the owner and asked why he and his wife had been refused entry. He was given the same explanation again. He then allegedly asked if he could enter the bar on that date, June 2, 2022, and was told he could not, and if he proceeded, he would be permanently barred. 

An explanation was sought by way of a solicitor’s letter in September, 2022. No explanation was offered.

The applicants, represented by Hartnett Hayes Solicitors, seek an order for compensation for the effects of the prohibited conduct; an Order that the respondent take such course of action specified in the order; and an Order for the temporary closure of the premises in accordance with legislation.

A second set of applications was made in respect of respondent Maurice McLaughlin, trading as Sean Óg’s Bar, 6 Townparks, Ballyshannon. 

Applicants Gerard Ward, Geraldine Ward, Tom Ward, James Ward and Mary Ward, of 34 Lawn Park, Ballyshannon, entered Sean Óg’s on December 26, 2023. It is alleged that they were refused service and asked to leave the premises. It is alleged that when asked why, they were told that they could not be accommodated on the basis of poor behaviour by another family member 10 years earlier. The family member in question was 26 when the alleged discrimination incident occurred. This means that he would only have been 16 years of age at the time it was claimed that he engaged in poor behaviour. 

An explanation sought by way of a solicitor’s letter was not forthcoming. 

The applicants are represented by Hartnett Hayes Solicitors. They are seeking an order for compensation for the effects of the prohibited conduct; an Order that the respondent take such course of action specified in the order; and an Order for the temporary closure of the premises in accordance with legislation.

It is likely that a special sitting of Ballyshannon District Court will be scheduled for the case.

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