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Isle of Wight cafe discriminated against woman in wheelchair

Off the Rails cafe and Tracy Jones <i>(Image: Pamela Parker/IWCP)</i>
Off the Rails cafe and Tracy Jones (Image: Pamela Parker/IWCP)
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An Isle of Wight cafe has been ordered to pay thousands of pounds after it was found to have "humiliated" and discriminated against a woman in a wheelchair.

Tracy Jones, from St Helens, said she was left "mortified and embarrassed" after being told she could not sit outside Off the Rails, Yarmouth, in case she "falls off" the platform.

In September 2023, Tracy and husband Gareth were out walking when they stopped at the converted train station for a coffee.

They asked a waitress whether an outside table was free, only to be told 'no wheelchairs are allowed on the platform', Tracy said.

They went inside to talk to a manager and said they were told it was "in case you fall off".

Tracy explained that she was perfectly in control of her wheelchair, even demonstrating the brakes.

She said a man was "really dismissive", speaking to her like a "naughty child" and talking over her "as if I was a piece of dirt."

She said he blamed a "council decision" for the policy of no wheelchairs on the platform.

Off the Rails cafe (Image: Pamela Parker)

Tracy Jones (Image: IWCP)

"I was really upset by that time and most people in the restaurant had stopped and were turning around to see what was going on", Tracy said.

Feeling embarrassed, they left, but Tracy felt what happened was not right.

She contacted the IW Council and in emails seen by the County Press, the local authority confirmed it had not issued such guidance.

She reached out to the cafe for an apology and was later sent an email from legal firm Island Advocacy, acting on behalf of Roger Hewins, one of the cafe's co-founders.

The email disputed that the cafe had this policy in place for wheelchair users.

Tracy said she had no intention of it going as far as court but after receiving the letter, and no apology, she sought her own legal advice and later offered mediation.

After numerous exchanges between solicitors, the case eventually went to court in March of this year.

On September 9, at the Isle of Wight County Court, Off the Rails was found in breach of the Equality Act 2010.

Deputy District Judge Kelly ordered the cafe to pay compensation and costs totalling £13,738.

Tracy said: "Winning the case isn't about getting compensation, it's really about making other businesses aware that accessibility isn't just a nice option."

In 2014, an 84-year-old man in a wheelchair, and with 'significant health issues', died after rolling off the cafe's platform.

At the time, then coroner John Matthews said he was concerned it was an accident which was "inevitably" going to reoccur.

Off the Rails failed to respond to requests for comment.

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