Short-stay owner ordered to pay compensation after refusing guide dog user
A Queensland man has been ordered to pay compensation to a legally blind woman he kicked out of his short-stay house for having a guide dog.
Brendan Farrugia appeared before the Queensland Civil and Administrative Tribunal after being caught on tape refusing service to Moreton Bay woman Janice Whittle.
The tribunal ordered Mr Farrugia to pay $3,500 to Ms Whittle for breaching Queensland's anti-discrimination laws.
Mr Farrugia told 612 ABC Brisbane he had "made a mistake" and would follow the tribunal's orders.
Ms Whittle used smart glasses to secretly record her confrontation with Mr Farrugia outside Sunny's Piece of Paradise in Agnes Water in December 2024.
The video, which was shown during the hearing, shows Mr Farrugia refusing to allow Ms Whittle into the property because of her guide dog.
In the video, he tells Ms Whittle that he would not have allowed her to book accommodation in the first place if he had known she had a guide dog.
During the exchange, Mr Farrugia tells Ms Whittle he had a "no pets" policy and she would need to pay a $100 cleaning fee if she wanted to stay.
In Queensland it is illegal to refuse service to a guide dog user and also illegal to charge additional cleaning fees because of a guide dog.
Mr Farrugia said he had made an honest mistake, and asked 612 ABC Brisbane to "please leave me alone".
"It happened, I made a mistake, let's move forward," he said.
"I'm a business owner, doing what I can, in these challenging economic times."
Mr Farrugia was given until September 28 to pay the money.
This tribunal case follows criminal proceedings in which a Magistrates Court fined Mr Farrugia $2,800 for breaching the Guide, Hearing, and Assistance Dog Act over the same incident.
Not putting up with it any more
Ms Whittle said she bought the smart glasses because she had been repeatedly refused service in restaurants, hotels, airports and other venues.
Janice Whittle says it was a long and exhausting bureaucratic battle. (612 ABC Brisbane: Kenji Sato)
"I've been abused pretty much all my life and I've never stood up for myself," Ms Whittle said.
"Well, things change.
"I couldn't put up with it anymore and I want people to know it's against the law to refuse a guide dog."
An important precedent
Human rights lawyers from Basic Rights Queensland provided legal advice to Ms Whittle during her civil hearings.
Practice director Sam Tracy said guide dog users faced this kind of discrimination on a daily basis, but it almost never reached a court.
Sam Tracy says these cases rarely end up in court. (ABC Radio Brisbane: Kenji Sato)
"This is a very significant case in regards to disability discrimination in Queensland," Mr Tracy said.
"We don't often see decisions where compensation is reached, they're often settled.
"This case represents not only a significant use of the protections under state law, but also under anti-discrimination law."
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