Triumph for man barred from drinking

Cathy Reay

A wheelchair-user has been awarded £3,500 after he was prevented from drinking in a local bar because of its access barriers.

Jonathan Fogerty was on a night out in Manchester city centre in July 2007 when he and his friends found a step at the entrance to a bar.

Inside The Atlas Bar he found another step at the bar area and no accessible toilet facilities, so he left.

He wrote to the bar’s manager three times to complain, but said he received no reply. The Disability Rights Commission (DRC) took up his case, and after unsuccessful attempts at mediation, Mr Fogerty took The Atlas Bar to Manchester County Court, with DRC backing.

He was subsequently awarded £3,500 compensation and £700 expenses. The bar was also ordered to write Mr Fogerty a letter of apology.

Mr Fogerty said: “I am pleased that the court has found in my favour, but I think it is appalling that the bar have not made any adjustments. After ignoring my three letters they also did not turn up to our preliminary hearing, which wasted my time.”

A spokeswoman for the Equality and Human Rights Commission, which took over the case after it replaced the DRC, said: “We are delighted that Mr Fogerty won this case. Since 2004, premises have been subject to a law for accessibility under the Disability Discrimination Act (DDA).

“The law states that if disabled people cannot access something, then it is a requirement of the service provider to, within reason, alter, remove or offer a suitable alternative. It is not good enough to say that it simply cannot be done.”   

The Atlas Bar leaseholder, Gerard Campbell, said: “Atlas Bar has co-operated in every way since we became aware of Mr Fogerty's experience. Having two members of my own family disabled, this is a matter which is close to my heart.

“Unfortunately, the fact that Atlas is situated within a railway arch means the structure must not be altered, making it impossible to fit disabled toilets according to the strict guidelines put in place by the DDA. This is supported by a DDA report of the premises."

A British Beer and Pub Association spokesman declined to comment, but said: “Pubs and bars are keen to provide disabled access facilities. We produce guidelines to help their compliance with existing legislation.”