Slovak court confirms discrimination: Café refused service to a man because he is Romani, now must apologize and pay compensation
In Bratislava, Slovakia, a first-instance court has handed down a verdict in the case of a café in Lučenec that refused to serve a customer because of his ethnic origin. The court ordered the business to apologize and financially compensate the Romani man whom it discriminated.
The case happened six years ago on 14 August 2017, when Ladislav Rácz went to the café with his daughter and a friend who is also Romani and was refused service by staff who claimed that the business was a private club that only services members who hold club cards. “They asked EUR 300 monthly to issue a card and claimed everybody they were serving owned such a card,” said the Counseling Center for Civil and Human Rights (Poradňa pre občianske a ľudské práva) in a press release sent to news server Romea.cz.
Since the Romani customers did not have club cards, the waiter asked them to leave the café, which they did. “Mr. Rácz went home and told his girlfriend about his experience in the café. She is not Romani and she decided to visit the café a half hour later to ascertain whether the staff would also require her to show a club card to get service. However, she was served by them without any problem and never asked to show a club card by staff,” the organization described the discriminatory behavior.
The non-Romani woman then asked the staff about the sign on the door requiring a club card for entry and was told that Vlax Romani people are banned from entering the café. “The Vlax are banned here,” the staff literally told her.
“The non-Romani woman then asked why her Romani partner and daughter were not served when they visited the café earlier and was told that is the practice,” the NGO’s press release stated. Both interviews with staff were recorded by the injured parties on their smartphones.
The lower court’s verdict found the staff’s behavior was discriminatory on the basis of the injured parties’ Romani nationality. “The court found the defendant is obliged to apologize to the plaintiff and to pay compensation for non-pecuniary damages in the amount of EUR 1,500 as well as the costs associated with bringing the proceeding,” the Counseling Center said.
The court emphasized that the racial discrimination to which the plaintiff was subjected is a particularly serious kind of discrimination and requires special vigilance and a vigorous response because of its dangerous repercussions. “Excluding persons on the basis of characteristics which they are unable to influence – being ethnic Romani in this case – causes humiliation. The court found that the dignity and social clout of the plaintiff had been harmed by this treatment,” the NGO said.
“I’m glad the court decided in my favor. It may have taken six years, but the wait was worth it. I believe that thanks to my story and the fact that I decided to take legal steps and not remain silent, other people who have experienced or will experience a similar incident also will not stay quiet, but will decide to address such discrimination. That is the only way we can combat this serious violation of human dignity,” said Rácz, adding that he wants to donate the monetary award to charity.
“I consider it quite important that the court complied with the claim in full and also awarded my client compensation for non-pecuniary harms in the full amount requested. Discrimination against Romani men and women in access to services, which my client encountered, is still happening in Slovakia today to a certain degree. I hope this decision will deter other service providers from discriminatory treatment. It is an important signal to them that discrimination is not worth it and that they will be sanctioned for it,” said Vanda Durbáková, an attorney who cooperates with the NGO.
The Counseling Center for Civil and Human Rights provided the injured parties with free legal aid and focuses on defending human rights and freedoms in the area of minority rights and protection from discrimination. The NGO has long concentrated on the issue of discrimination against ethnic Romani people in various areas of life in Slovakia.
The NGO also focuses on protecting reproductive rights and the issue of police brutality. The Counseling Center develops the method of strategic litigation of cases of discrimination and human rights violations against minorities.
