Copy of letter by Mr A.
Names and locations have been omitted.
18 October 2001
Dear *****,
Following on from our telephone conversation of Friday, 12 October. I first
give you some information concerning myself as I consider it pertinent.
I am 52-years-old and in receipt of a disability pension due to medical conditions.
I am also a fully qualified and well respected journalist who has worked hard
in staff journalism for over 20 years and I have managed a news room for five
years as a chief reporter with Southern Newspapers, one of the UK's largest
newspaper groups. I am quite capable of behaving correctly in public and consider
any unwarranted insinuation otherwise as a slur upon my personal reputation
and character. I do not believe in violence and have no favour toward those
who descend to such.
I am a law-abiding and peaceful man who currently operates an international
editing service, details of which are on this letterhead.
To refer now to the matters of Thursday, 11 October.
I visited the main bar of the **** Hotel at about 4pm where I occupied a seat
at the bar by the front door. Later I met with and conversed for a short while
with some English residents who were in the bar and we exchanged pleasantries
with each other and your bar staff. I had not been drinking alcohol at any
other stage during the day. I had a total of two beers at your bar and as
I had a small bag of shopping with me I then decided to return home, although
it was my intention to call in later to see the band that was due to play
in the downstairs bar later that evening.
I returned to the main bar at perhaps between 8pm to 9pm and occupied a seat
alone by the front door. I carried my guitar with me. I have also worked as
a professional musician for many years in the UK, Ireland, the US and Europe,
although I am no longer as active as I used to be in that scene at this point.
Some time after my return, two of the three English guests I had met earlier
returned to the bar and I rejoined them briefly to say hello, although I was
not intending to stay long. I enjoyed two beers and then, intending to leave,
spoke briefly with your young bar man, and mentioned that I was heading off
downstairs to see the band, as he had told me earlier that the band **** was
due to play.
To my utter astonishment the young man bluntly stated "You won't be going
down there".
I have to admit that this comment left me a little speechless and also disturbed
that someone could see fit to pass such comment given the actual circumstances.
I was minding my own quiet business and as I had enjoyed a full meal a short
while previously was most certainly not intoxicated nor even approaching such.
The conversation then pursued the following lines:
Myself: I beg your pardon?
Barman: You won't be going down there.
Myself: Why are you saying that to me? I don't understand.
Barman: You've had too much to drink.
Myself: Are you saying you won't serve me another drink?
The barman replied by stating that was correct, he would not serve me. Astounded
by this I collected my guitar and prepared to leave. In doing so I asked the
barman just what the problem was as I failed to understand such treatment.
I paused half way to the door and as his attention was towards me I again
asked what the problem was and repeated that I did not understand.
I then observed the barman come from behind the bar and go out into the street
and a few moments later two other staff came in by the front door and grabbed
me. No questions were asked and I was physically grabbed. In my book and according
to law this represents a criminal assault on my person, as I was not interfering
with anyone whatsover.
Your 'door staff' grabbed me very forcibly and one of them held my neck in
such a way as to practically cut off my breathing and as they then dragged
me out of the door I called out to some passersby that they were witness to
what was taking place.
Outside the premises I collected myself and spoke with your staff. At first
they told me to go away but I stood my ground in the street and attempted
to speak with them. I stated that I did not understand any reason for what
had happened.
I stated that I had no particular grudge against them, they were doing what
they considered was their job but I did point out to them that their actions
had in fact been quite incorrect.
Their manner to me was less than polite and certainly not very respectful.
I ask you to understand my frame of mind at the time. Shocked at what had
happened and at the rough treatment I had received, I was understandably angered.
Such behaviour on their part is neither fitting nor right. After further exchanges
of words, including my telling someone who passed by and told me to shut up
to mind their own business, I left the area and went elsewhere, where I relaxed
in pleasant company for a short while before then reporting the incident at
the Garda station and returning to my home.
I did not remove my guitar from its case until the following day, Thursday,
when I then found that the neck of the guitar had been snapped beyond any
repair, rendering the instrument completely useless. I again contacted the
Garda at Henry Street to report this matter.
This is an instrument I have owned for over seven years and it has travelled
widely in the world. It is an instrument I have taken the greatest care of
and is the only one I have. Replacing the guitar, a Fender electric acoustic,
with an instrument of equal value and type would cost at least £250.
The damage to the guitar occurred whilst I was being roughly manhandled from
your premises for no good reason and the extent and severity of the damage
indicates the degree of force used by your staff. I stress to you that it
is not possible for the damage to have occurred elsewhere. I am not in any
position to replace this instrument and as a direct result of the actions
of your staff now do not have a working guitar.
This is an honest account of what took place and I view this matter in a most
serious light.
I would be happy with replacement of the damaged instrument with one of equal
type and an apology regarding such outlandish treatment and my request of
settlement is not negotiable.
I now look to you for your response.
Your faithfully,
DISCRIMINATION & ADVOCACY A FACTUAL ACCOUNT
In October 2001 Mr A entered a hotel's main bar at about 8.30pm on a weekday carrying a guitar in a soft case and intending to watch a band perform in the hotel's downstairs bar later that evening.
Mr A had been in the hotel at about 4pm earlier that afternoon following a meal elsewhere, and had drank two pints of beer before leaving to return home and finish some outstanding work. He had called into the hotel bar on a number of different occasions during the day and early evening.
On his return to the main bar during the evening in question, Mr A sat for a time alone at the bar before moving to sit at the far end of the bar and closer to some people he had met in the bar that afternoon. He ordered another pint of beer.
On finishing the drink, he decided to go to the downstairs bar as it would be about time for the band to start and he thanked the young barman and said he was going down to listen to the band.
Instead of wishing him well, the young barman replied: "You won't be going down there."
Puzzled, Mr A asked why not and, unable unable to elicit an answer from the young barman asked: "Are you saying you won't serve me?"
The barman said that was correct and on being questioned further stated he thought Mr A had "had enough".
Mr A, a seasoned traveler and a professional worker, could not understand this response and asked the barman what the problem was. He was given no reply. Disgusted by the man's attitude, Mr A collected his guitar to leave. On passing by the barman he again asked what the problem might be and again received no polite response. Instead the barman emerged from behind the bar and passed Mr A to go out into the street. A moment later two men came into the bar and without identifying themselves grabbed Mr A in a forcible manner around the neck and body and dragged him out of the bar into the street.
In the street, Mr A remonstrated with the two men and complained of their treatment of his person. He was told to 'go away', but refused and stood his ground in the street until he had said his piece. He then left and went to another bar, taking his guitar, where he stayed for about one hour before going to the garda station to report the incident as assault. No further action was taken by the garda.
The following day, on taking his guitar from its soft case Mr A discovered that the neck had been snapped and the guitar destroyed. As the only rough treatment Mr A or the case had been subjected to was in the hotel, it follows that the damage occurred during the manhandling of Mr A. this was then reported to the Garda as a follow up report.
Mr A telephoned the hotel manager to complain of the incident but was given what he describes as a hostile response when the manager attempted to place the blame on Mr A. After Mr A informed the manager that in view of his response there would be no recourse but to settle the matter in court, the manager suggested putting the matter in writing to the hotel. This was done by fax. No response to the letter, nor to a follow up faxed inquiry, has been received by Mr A.
Later that day, on feeling pain in his shoulder Mr A discovered it had turned a bruised yellow and was swollen. As the swelling did not go down nor the pain reduce after a few days, Mr A went to the casualty department of the hospital where it was X-rayed and examined and found to be damaged due to sublocation. He was given medication and requested to return for a further examination in two weeks.
The further examination showed no change and Mr A was referred to a physiotherapist by the casualty department doctor. He continued to receive treatment for the shoulder over the course of several months but it eventually became so painful a steroid injection was necessary.
Following the incident, Mr A contacted several firms of solicitors with a view to seeking compensation from the hotel management for the damaged guitar and for personal injury. Mr A has so far been unable to locate a firm willing to take the matter on in a legal aid or on a no win-no fee basis.
One company who has been examining the matter for some weeks but has yet to take any action, has instead concentrated on asking Mr A if he has had any 'trouble' at bars elsewhere in the locality, as if that were somehow relevant. Discrimination is also refusing to accept an honest account.
Mr A still has no replacement guitar and has still received no compensation in any manner for the attack upon his person.
This true account reinforces the need for effective legislation to curb arbitrary practices within privately owned public serving premises.
Such incidences have been taking place in Limerick over an extended time as the following letter shows. It was written after a couple, aged in their late 50s, who were waiting in the cold outside a city centre cinema during the winter launch of the movie Angela's Ashes, decide to step out of the queue and go into a nearby bar to warm up with a drink. They were refused entry by a doorman.
From: Michael Noonan TD
Limerick
19 January 2000Dear XXXX,
Thank you very much for your letter dated 14th January, 2000.
Things certainly have come to a sorry pass, when a man and his wife who are waiting for the start of a film decide to go for a drink and to purchase cigarettes in a neighbouring pub and are refused admission. You put your finger on the core of the issue when you addressed the problem of unlicensed, untrained, unregulated and thuggish bouncers being employed and being given carte blanche to insult law abiding citizens such as yourself.
Fine Gael is very much aware of the many incidents, and indeed criminal assaults which have occurred as a result of bouncers abusing their authority. Deputy John Farrelly of Fine Gael, who shares a constituency with John Bruton, T.D. Leader of Fine Gael, has recently published a Bill to regulate the practices associated with the employment of bouncers.
I enclose a copy of the Bill for your information.
Kindest regards.
Michael Noonan TDThere has to date been no forward movement on the introduction of the mentioned Bill.
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