£2500 Fine For Telling Woman ‘We Don’t Tattoo People Like You’

A disabled woman was yesterday celebrating a £2500 compensation payout after a tattoo parlour refused her entry, saying it did not “do people like that”.

Rachael Monk, 24, from Lockerbie, Dumfriesshire, was four days into a two-week family holiday in the holiday resort of Blackpool when she went for a tattoo.

Staff at the first shop visited by Ms Monk, who is a wheelchair user with cerebral palsy, said she would have to fill out a medical form and that it had a flight of stairs.

They then recommended another shop with better access.

However, Preston County Court heard that when Ms Monk went to the second premises, Jordan Dean, owner of Body Creation, told her family: “We don’t do people like that.”

When they tried to reason with him, he telephoned his father, claiming that he was his boss.

The father came to the shop and according to the judge, adopted an “old-fashioned and highly discriminatory attitude” and offered “gratuitous insults”, which continued on to the street after the family left the building.

After the incident in September 2005, Ms Monk’s family contacted the Disability Rights Commission (DRC), a quango set up to tackle discrimination, which offered conciliation between both parties – but the shop refused to co-operate.

The case was then taken to court.

At the hearing on Monday, Ms Monk was awarded £1000 for injury to feelings and £1500 for aggravated damages. Mr Dean must also pay £300 court costs. A deadline of June 19 has been set for payment.

The defendant offered no evidence for his treatment of Ms Monk.

Ruling in favour of Ms Monk, district judge Gordon Ashton told the court: “It was abundantly clear, once one took the trouble to communicate with Rachael, that she knew her own mind, was proud of the small heart (tattoo) already displayed on her right arm, and wanted that tattoo she had chosen for her left upper arm.”

Judge Ashton added that Mr Dean “did not attempt to make any assessment of Rachael’s vulnerability or capacity He simply ignored her and made assumptions based upon her physical abilities.”
‘Hopefully this judgment will stop other shops doing the same thing’

Ms Monk said yesterday: “It was all really awful for me and my family. I was not able to eat anything or enjoy the rest of my holiday. But I am feeling great today and am happy it is all over.

“I got my say in court, that was the main thing, and I was able to let the lad know my feelings about the way I was treated.

“Hopefully this judgment will stop other shops doing the same thing.”

Ms Monk had a new tattoo done a few weeks later at a shop in Silloth, Cumbria, where she had her first one done.

Her mother, Elaine, 50, said yesterday: “It was a horrible experience, absolutely awful. But we are all pleased at the outcome.”

Adam Gaines, Scottish director of the DRC, said: “Rachael has the right to do the same thing as other young people.

“This judgment should send out a warning to all businesses that outdated assumptions and ignorance about disabled people will not be tolerated.”

The industry does not have a regulatory body in Scotland.

However, James McGonigle, one of the country’s most respected tattoo artists who established Spacey’s Bizarre Ink in Edinburgh 14 years ago, and whose patrons now include professional footballers and pop stars, later said: “I am stunned, absolutely stunned that any tattoo artist would turn someone away because they are disabled.”

A spokesman for Blackpool Council said: “We are very unhappy to learn of this unfortunate incident.

“As a resort we work very hard to welcome everyone and it is appalling to hear of discrimination of this sort.

“The courts obviously agreed, which is why this business has been fined. Anyone who has a complaint of this nature should take it to the Disability Rights Commission.”

No-one from Body Creation could be reached for comment yesterday.