Case Number
LCA 8821/09
Date Decided
6-27-2011
Decision Type
Appellate
Document Type
Full Opinion
Abstract
The respondent operates a clubhouse known as Truman Capote in Rehovot. As part of clubhouse policy, the respondent fixed the following minimal entry ages for visitors: for men – those born in 1982, and for women – those born in 1984. The applicant was born in 1984. On 25 April, 2008 the applicant came to the clubhouse operated by the respondent and by reason of his age was denied entry. On other occasions too the applicant was denied entry by reason of his age. Accordingly, the applicant filed a monetary claim in the Small Claims Court for the sum of NIS 30,000, claiming that he had been illegally discriminated against, in contravention of the Prohibition of Discrimination Law.
The respondent submitted a statement of defence and the plaintiff submitted a response, and a hearing date was scheduled. On the scheduled date however, the respondent failed to attend and the Small Claims court decided to examine the pleadings before giving its decision.
In its decision the Small Claims Court ruled that despite the non-attendance of a representative on the respondent's behalf, the claim should nonetheless be dismissed, for the reason that the Prohibition of Discrimination Law does not prohibit age-based discrimination with respect to entry into public places as defined in the Law.
The applicant filed an application for leave to appeal in the District Court against the decision of the Small Claims Court.
Keywords
Constitutional Law -- Affirmative Action, Constitutional Law -- Equality Before the Law
