THE owners of a popular city centre bar have been ordered by a judge to pay compensation and apologise to a disabled man who claimed he had been discriminated against.

Jonathan Fogerty was on a night out with workmates who went on ahead to the Atlas Bar on Manchester's Deansgate, in July last year. When he arrived, the 35-year-old was left stranded in the rain because the step was too big for his wheelchair.

After passers-by helped him into the building, more steps stopped him getting to the bar and there were no disabled toilets.

Mr Fogerty, from Gatley, received £4,200 including nearly £600 costs for discrimination under the Disability and Discrimination Act (DDA).

The spinal injuries training officer said he feels `vindicated': "It was a struggle getting into Atlas and then I ended up sat by the door at the front because of the poor facilities. If they had just got a portable ramp, it could have been easily solved. But they shouldn't get away with doing absolutely nothing."

Deputy District Judge Philip Berkson ordered Atlas Bar leaseholder Gerald Campbell to write a letter of apology and awarded Mr Fogerty the compensation at Manchester County Court citing the bar's failure to respond to correspondence and the damage to Mr Fogerty's feelings.

The ruling could have implications for all city centre pubs and bars.

Mr Fogerty, a former solicitor, has used a wheelchair since diving into a swimming pool as a teenager and breaking his neck. He added: "It's annoying and humiliating when people are always having to help and ask if you're okay - that's not the point of a night out. Disabled people should have access to all services on the same equal footing.

"I feel vindicated by the judgement."

Nicola Pazdzierska, of the Equality and Human Rights Commission, said the judge cannot order the bar to alter its facilities but warned that Atlas Bar and other pubs leave themselves open to claims.

She said: "We are delighted that Mr Fogerty won his case. This is a significant sum for a small claims court.

"Where premises have a physical feature that makes it impossible for a disabled person to use them, reasonable adjustments have to be made. Disabled people should enjoy the freedom to use facilities and services. It is shocking that in this day and age, disabled people are still being humiliated like this."

Mr Campbell claimed the `significant' sum was awarded because he unavoidably missed a court date.

He said: "Atlas Bar has co-operated in every way since we became aware of Mr Fogerty's experience. We do not discriminate against any of our customers and have many disabled patrons who come back time and again. Our staff treat everybody equally and do not single anybody out as it is our experience that differently-abled people wish to be independentWe do, however, offer assistance to those who request it.

"Having two members of my own family disabled, this is a matter which is close to my heart.

"Unfortunately, the fact that Atlas is situated within a railway arch means the structure must not be altered, making it impossible to fit disabled toilets according to the strict guidelines put in place by the DDA. This is supported by a DDA report of the premises."
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