Galway Restaurant Is First Business In Ireland To Challenge Vaccine Pass In Court

galway | rights, freedoms and repression | news report Monday October 11, 2021 00:06 by Anti Lockdown

GALWAY RESTAURANT IS THE FIRST BUSINESS IN IRELAND TO CHALLENGE THE VACCINE PASS AT COURT ON GROUNDS OF DISCRIMINATION 

GALWAY RESTAURANT IS THE FIRST BUSINESS IN IRELAND TO CHALLENGE THE VACCINE PASS AT COURT ON GROUNDS OF DISCRIMINATION

A District Court Judge in Galway was asked on Monday 4th October to set aside a Compliance Notice issued on 20th August and which had been served upon the owners of a well known Italian restaurant in Galway City known as Il Vicolo.

The Restaurant had been served with the notice by a number of HSE compliance officers appointed under the Health Acts 1947-2021 (as amended) otherwise known as the ‘Indoor Dining Legislation’. The Restaurant was appealing the order whilst the HSE were seeking to shut the restaurant down by way of a cessation order. The Restaurant had been inspected on several occasions because of their stance and was shut down for two days in September following a HSE application for an emergency cessation order.

Oisin Collins Senior Counsel for the restaurant submitted that the EU Digital Covid Certificate Regulation provided for a third category of testing. This had been included at a European level in order to avoid issues of direct and indirect discrimination as people may not be able to get a vaccine or may choose to get a vaccine. This omission was a clear breach of the regulation itself, European privacy law, the Constitution, the European Charter of Fundamental Rights and the EU Convention on Human Rights. He submitted that his position on the issue of discrimination was unanswerable.

In reply, Stephen Moran BL for the HSE said the Irish Government were effectively 'at large' in relation to how they wished to deal with the issue of re-opening pubs and restaurants at a domestic level given the serious threat to public health and the rise in cases due to the Delta variant.

District Judge, John King having heard detailed submissions on discrimination, decided that he did not have to rule on this issue as the Compliance Notice only went so far as to require records rather than prohibit people from entering.

Gerry commented after the hearing:

‘Our restaurant has been non-stop inspected by Compliance Officers since this law was imposed because of our non-discriminatory stance and this has been our third time to appear at court. It was very difficult for my entire staff when we were shut down without notice and we all suffered financial loss. I work on my instinct and right from the get go I had a strong feeling that this law is wrong, discriminatory and divisive. My principles and convictions are very important to me. I have two children and a baby on the way and I feel that it is my moral and ethical duty to challenge such laws and policies. For if we do not take a stance and legally challenge the erosion of our civil and constitutional rights what future have our children?’.

Lawyers For Justice wish to commend owner Gerry McMahon and the staff of Il Vicola, particularly Breffni Archer, for demonstrating such courage, integrity and strength of conviction.

In the words of Mahatma Gandhi:

'Fear Is The Enemy'