A man refused patronage at his local due to his companion dog has won his case claiming discrimination, and been granted compensation.
Raymond Matthews, resident of Woombye in the Sunshine Coast, goes everywhere with his assistance Chihuahua Kooy2, including around twice a week to Woombye Pub.
Prior to a change of management in late 2017, he had always been allowed to take his dog inside.
But from the time of the change until 2020, he was told by various staff he could not eat or drink in the pub with his dog without an official card identifying Kooy2 as an authorised guide, assistance or hearing dog.
On multiple occasions Matthews produced his official TransLink Assistance Animal Pass, with photo of Kooy2 and valid to February 2023, but was told this was “insufficient”.
In 2020 he lodged a formal complaint, seeking compensation of $50k. The Queensland Human Rights Commissioner referred the matter to the Queensland Civil and Administrative Tribunal.
During the hearing, Matthews explained that he had had Kooy2 since 2014 and needed the dog to help him with depression and anxiety, and submitted that he was hurt and humiliated by the refusal at his regular.
In its defence, the pub submitted that the refusal was simply it complying with liquor laws, stipulating that pubs must be a “safe” environment for patrons.
Issuing a decision, QCAT’s Member Lumb acknowledged the significance of the pub to Matthews as a place of social gathering, and ruled that the refusal of entry was not required to comply with the Liquor Act.
It was seen that Matthews was treated less favourably than a customer not suffering from depression or anxiety, and hence not relying on an assistance dog, meaning the pub had broken anti-discrimination laws.
The operators were not forced to issue an apology, nor specifically to allow Matthews and Kooy2 entry, because ‘now they knew’ that was what they had to do.
“In my view, the adverse findings made against the pub in respect of its discriminatory conduct is sufficient recognition of the inappropriateness of that conduct,” said Lumb.
The plaintiff was awarded $8k.
A USA style legal action. Go for $50K get $8K the lawyer would have said to his already depressed and anxious client I have succeeded his your cut and I’ll keep the rest.
This situation has escalated in USA where you can now board a domestic flight with a dog under 20Kgs or if the dog is over 20Kgs you can buy the dog a seat.You can see where this legal action is headed. And BTW you DO NOT need to be depressed to take your dog on a domestic flight in USA.