DRC: Disabled woman wins significant compensation.

A disabled woman who was subjected to “overt and aggressive” behaviour when she tried to use a tea-shop has been awarded £4,500 in compensation by Yeovil County Court.

Ms Jazz Shaban, won a disability discrimination claim against Wharfe’s Restaurant and Tea rooms after District Judge Brian Smith said that the tea-shop owner had presented a “wholly unmeritorious defence, which exhibited a lack of sensitivity”.

The court heard that Ms Shaban, who has brittle bones and uses a wheelchair, visited Wharfe’s Restaurant and Tea-room, in Shaftesbury, Dorset with some friends for lunch, in May 2006.

Ms Shaban, aged 43, whose case was supported by the Disability Rights Commission (DRC) attempted to access the downstairs seating area, which was down two steps, when the restaurant owner, Mrs Rosemary Wharfe appeared.

Mrs Wharfe shouted to Ms Shaban, who works in overseas development, “Not in here, we cannot accommodate that”, referring either to the wheelchair or to Ms Shaban, or both.

Ms Shaban and her friends left the tea-room immediately. But Mrs Wharfe continued to shout at them. In a subsequent letter the defendant admitted refusing access to the party, but said that wheelchairs could be “pulled” upstairs.

Mrs Wharfe did not appear in court, and in her defence papers referred to Ms Shaban’s case as “scurrilous” and “tawdry.”

But, District Judge Smith said the case was: “The clearest possible case of discrimination,” and that the defendant’s attempt to justify that discrimination “fails utterly”. He also found statements made by Mrs Wharfe and given in correspondence to the court, to have been “deeply unfeeling and patronising.” Mrs Wharfe, he said, had behaved in an overt and aggressive way in public.

Ms Shaban, who is at university in London, said: “I am glad that it is over and that I don’t have to deal with it anymore. It was good to win. It was never about the money, I just wanted her to know that her behaviour was wrong and she can’t treat people in such a shoddy way. She needed to be brought to account.

“I think to be honest Mrs Wharfe did not understand or believe in the legitimacy of the law or the DRC and from the tone of her letters to me, she thought we were all conspiring against her.”

DRC Chairman, Sir Bert Massie, said: “This is a very significant result and should send out a strong message that such discriminatory and aggressive behaviour is unlawful and will not be tolerated. Disabled people have the right to be treated fairly whatever the circumstances.

” Small businesses are not exempt from the law and disabled people have every right to be treated with dignity and respect.”

Ends

For Further information please contact Nicola Pazdzierska at the DRC Press Office on 0207 543 7045

Notes to Editors

The DRC closes on Friday 28 September 2007.

The following Monday, the new Commission for Equality and Human Rights (CEHR) opens its doors, taking on key aspects of the DRC's work.

The CEHR will enforce equality legislation on disability, age, gender, race, religion or belief and sexual orientation and encourage compliance with the Human Rights Act 1998. More information at http://www.cehr.org.uk

From Monday 1 October 2007, journalists needing information on disability rights (& other equality issues) should contact the CEHR press office on 020 7215 874/020 7215 2489 or out of hours on 07767 272 818.