From the Sunday Tele:
Racist pub sued for $90,000
By Katherine Danks
December 16, 2007
BRETT Grogan was a genuine rugby league hero living in a football-mad town. But when he tried to enter a Newcastle bar on a night out in 2004 Grogan, an Aborigine, was barred because of a “no coon policy”.
The former Newcastle Knights star, who won a premiership in 1997, was last week awarded $15,000 damages for the slur, but the money has not cooled his anger.
Five other Aboriginal men refused entry to the Sydney Junction Hotel at Hamilton were each given the same amount, including Mr Grogan’s cousin Dr Tony Grogan.
They had spent the evening playing cards and watching a film when they went out for a drink in the early hours of May 16, 2004.
All were dressed appropriately, unaffected by alcohol and were not known to be troublemakers.
But Mr Grogan said he was stopped by the doorman who told him: “You’re not going to like it but your kind aren’t allowed in'’.
When he protested, he was told: “Look, don’t get angry but we’re not allowing Aborigines in tonight'’.
The Administrative Appeals Tribunal heard that the security guard was acting on instructions from night manager Joshua Tout, who had enforced what he called a “NCP policy'’ or “no coon policy'’, after a brawl involving drunken Aborigines the day before.
In explaining the policy to one staff member, Mr Tout imitated a “spear chucker'’.
The Administrative Decisions Tribunal ordered First Rate Leisure, which formerly operated the pub, and Knightland Home Security, which employed the bouncers, to pay $15,000 to each person after finding they were discriminated against because of their race.
But Mr Grogan said he was disappointed the judgment contained no orders for cultural awareness training.
“It’s just a sum of money,'’ Mr Grogan, 34, said.
“We went to the tribunal because I believe that they need to be educated, because that stuff just can’t happen.'’
Mr Grogan, now a NSW Police Force Aboriginal liaison officer, said he had never encountered such “blatant racism'’ in all his life.
He plans to meet his lawyers to find out what more can be done.
“On the field there is a bit of slurring, but I’m a pretty quiet person and I’m respected,'’ he said.
“I’ve had people say some racist stuff but then apologise after the game, and that it (the racist slur) happened in the heat of things.'’
Mr Grogan said he refused the offer of an apology during mediation because it was offered from a representative they did not know.
The tribunal was told there had been a build-up of tension at the pub that culminated in a brawl involving drunken Aboriginal men who smashed a window and glass doors after being thrown out on May 14.
Mr Tout, who is no longer connected with the pub, then instructed security guards Marguerite Hall and Brett McLean to refuse entry to Aboriginal people the following night.
Ms Hall said she was told the order came from former licensee Hugh Halpin, but the tribunal found Mr Tout made the decision.
In a private conversation, Ms Hall told Mr McLean that she did not agree with the instructions and would not obey them.
He said to her that he felt that he had to carry them out.
Later that night Ms Hall contacted Mr Tout and told him that there was a group of Aboriginal people at the door who were getting upset and aggressive at not being allowed in and that they had requested to see the manager.
The tribunal found that Mr Tout’s refusal to come to the door exacerbated the hurt and humiliation the rejected people were feeling.
“They were refused entry to the hotel, either directly or indirectly, in the most humiliating circumstances,'’ the tribunal found.
“They were rejected because of their race.'’
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