Good Friday closure controversy
Encyclopedia
The Good Friday closure controversy or Good Friday Disagreement refers to the 2010 court case which saw vintners of Limerick
Limerick
Limerick is the third largest city in the Republic of Ireland, and the principal city of County Limerick and Ireland's Mid-West Region. It is the fifth most populous city in all of Ireland. When taking the extra-municipal suburbs into account, Limerick is the third largest conurbation in the...

, Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

—"capital of Irish rugby", contest a state ban on opening for business on Good Friday
Good Friday
Good Friday , is a religious holiday observed primarily by Christians commemorating the crucifixion of Jesus Christ and his death at Calvary. The holiday is observed during Holy Week as part of the Paschal Triduum on the Friday preceding Easter Sunday, and may coincide with the Jewish observance of...

.

The case came about following the scheduling of a Celtic League
Celtic League (rugby union)
The Celtic League is an annual rugby union competition involving professional sides from Ireland, Italy, Scotland and Wales....

 rugby union
Rugby union
Rugby union, often simply referred to as rugby, is a full contact team sport which originated in England in the early 19th century. One of the two codes of rugby football, it is based on running with the ball in hand...

 match between Munster
Munster Rugby
Munster Rugby is an Irish professional rugby union team based in Munster, that competes in the RaboDirect Pro12 and Heineken Cup.The team represents the Irish Rugby Football Union Munster Branch which is one of four primary branches of the IRFU, and is responsible for rugby union in the Irish...

 and Leinster
Leinster Rugby
Leinster Rugby, usually referred to simply as Leinster, is an Irish professional rugby union team based in Dublin, representing the Irish province of Leinster, that competes in the RaboDirect Pro 12 and also competes in the Heineken Cup...

 at Thomond Park
Thomond Park
Thomond Park is a stadium located in Limerick in the Irish province of Munster. The stadium is owned by the Irish Rugby Football Union and count Munster Rugby, Shannon RFC and UL Bohemian RFC as tenants. The capacity of the stadium is 26,500 following its large scale redevelopment in...

 in the city on 2 April 2010 which coincided with the Good Friday celebrations that year. Pubs in Ireland are normally not permitted to open on either Good Friday or Christmas Day. This law, dating from 1927, also originally included Saint Patrick's Day
Saint Patrick's Day
Saint Patrick's Day is a religious holiday celebrated internationally on 17 March. It commemorates Saint Patrick , the most commonly recognised of the patron saints of :Ireland, and the arrival of Christianity in Ireland. It is observed by the Catholic Church, the Anglican Communion , the Eastern...

, though that prohibition was later repealed. Drinkers often dodge the law by taking to trains, upon which alcohol is allowed, and having their parties there. In 1910, pubs in Athlone faced a similar dilemma about opening on Saint Patrick's Day but remained closed.

The match had sold out by the time the court application took place. It was due to kick off at 20:05 and television rights had already been agreed. Vintners argued that Limerick publicans stood to lose revenue valued at around €6 million or as much as €10 million if they were prevented from opening for business as normal. The State and the Garda Síochána
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...

 opposed a change. It was considered a landmark case even before it had begun, and at the end was hailed as an "historic ruling", and a watershed in Church-State relations.

The vintners won and pubs were permitted to do business on Good Friday in the Republic of Ireland for the first time since 1927 (though only in Limerick). Commentators such as Ian O'Doherty
Ian O'Doherty
Ian O'Doherty is a columnist who works for the Irish Independent. His "iSpy" column is published Monday – Thursday and contains news articles blended with comedy and opinion. On Fridays O'Doherty publishes a rather more serious column containing his opinion on a chosen subject in "The World...

 in the Irish Independent
Irish Independent
The Irish Independent is Ireland's largest-selling daily newspaper that is published in both compact and broadsheet formats. It is the flagship publication of Independent News & Media.-History:...

 expressed disappointment that it would still be illegal to sell alcohol in Dublin on the same day.

Background

Attempts to have the date of the match changed to the day before or the day after Good Friday were unsuccessful. On 9 March 2010, and with no alternative date offered for the match, vintners' representatives, recently resigned
Willie O'Dea affidavit controversy
The Willie O'Dea affidavit controversy or Brothelgate refers to a 2010 political controversy in Ireland surrounding former Minister for Defence Willie O'Dea....

 Minister for Defence
Minister for Defence (Ireland)
The Minister for Defence is the senior minister at the Department of Defence in the Government of Ireland. Under new arrangements this department is being merged with the Department of Justice over which Mr. Shatter will also preside....

 Willie O'Dea
Willie O'Dea
Willie O'Dea is an Irish Fianna Fáil politician and a Teachta Dála for the Limerick City constituency. He served as the Minister for Defence from September 2004 until 18 February 2010, when he resigned from his post due to controversy over a defamation case.-Early and private life:O'Dea was born...

, and Mayor of Limerick Kevin Kiely were among those to discuss the issue with the Garda Síochána in Limerick. A legal application was determined to be the best solution with "no other option" available.

The controversy divided religious groups in Ireland, many of which were concerned with the preservation of the holiness of Good Friday.

Seanad Éireann debate

The issue was debated in Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...

. Joe O'Toole
Joe O'Toole
Joseph John "Joe" O'Toole is a former Irish independent politician, who was a member of Seanad Éireann from 1987 to 2011.He was born and brought up in Dingle, County Kerry, O'Toole was a teacher for ten years and then a school principal in County Dublin...

 requested a change in the law, saying: “Everyone’s a winner. Free will prevails, the Church-State separation is maintained. We render to Munster the things that are Munster's and to God the things that are God's. We save jobs. The economy gains”. Ivana Bacik
Ivana Bacik
Ivana Catherine Bacik is an Irish politician and academic. She has been Reid Professor of Criminal Law, Criminology and Penology at Trinity College, Dublin Law School since 1996, and was a made a Fellow of Trinity College Dublin in 2005. She was elected a Senator for the University of Dublin...

 echoed those sentiments when she said: “Let those of us who don't believe that Good Friday is a particularly special day choose to do what we want to do in pubs and clubs”. David Norris described as "outrageous" the decision to play a rugby match on Good Friday, bemoaning that Sundays had already fallen to "the British multinationals". Eoghan Harris
Eoghan Harris
Eoghan Harris is an Irish journalist, fiction writer, director, columnist and politician. He currently writes for the Sunday Independent. He was a member of Seanad Éireann from 2007–11, having been nominated by the Taoiseach, Bertie Ahern....

 described the notion of a Good Friday rugby match as "odd and wrong" in a land "impregnated with Christian symbolism". Donie Cassidy
Donie Cassidy
Daniel "Donie" Cassidy is an Irish businessman and a former Fianna Fáil politician. He was a Teachta Dála for the Westmeath constituency from 2002 to 2007. From 1982 to 2002 and from 2007 to 2011, he served as a member of Seanad Éireann.-Early and personal life:Cassidy was born in Castlepollard...

 lamented the lack of respect for “the crucifixion of the Good Lord”. Minister for Justice and Law Reform Dermot Ahern
Dermot Ahern
Dermot Christopher Ahern is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Louth constituency from 1987 to 2011...

, when asked for his opinion, said the issue was for the courts.

Court application

On 15 March 2010, 60 vintners voted to apply for the exemption at the courthouse in Limerick on 23 March 2010. This was thought to be the first time that the Good Friday alcohol ban had been challenged by publicans. Sweeney McGann Solicitors of Limerick acted for the Vinters. Chairman of Limerick's Vintners Federation Jerry O'Dea applied to Limerick District Court for an exemption under Section 10 of the Intoxicating liquor Act 1962. Mayor of Limerick Kevin Kiely wrote a letter in support of the application. Gearoid McGann was the solicitor representing the vintners and Michael Murray represented the Garda Síochána and the State. The Roman Catholic Diocese of Limerick
Roman Catholic Diocese of Limerick
The Diocese of Limerick is a Roman Catholic diocese in mid-western Ireland. It is one of six suffragan dioceses in the ecclesiastical province of Cashel and is subject to the Archdiocese of Cashel and Emly. The diocese is in the secular province of the same name - Munster...

 did not object in court.

Judge Tom O'Donnell delayed the verdict until 9:30 on 25 March 2010, citing that he would have to examine case law. At more than 90 minutes, the hearing proved to be longer than the actual rugby match.

President of the Vintners Federation of Ireland (VFI) Dave Hickey had been quoted in the Irish Independent
Irish Independent
The Irish Independent is Ireland's largest-selling daily newspaper that is published in both compact and broadsheet formats. It is the flagship publication of Independent News & Media.-History:...

 on 2 March 2010 as saying there was "not a hope in the world" that any judge would exempt Limerick's pubs. Munster captain Paul O'Connell
Paul O'Connell
Paul O'Connell is an Irish rugby union player who plays lock for Munster and Ireland. He also captained the British and Irish Lions on their 2009 tour to South Africa.-Early life:...

 was quoted by The Irish Times
The Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...

 as being in favour of the exemption for economic reasons.

Verdict

On 25 March 2010, Judge Tom O'Donnell granted Limerick publicans an exemption from the state ban on opening on Good Friday. He recognised the potential for "controversy in several quarters".

Under Section 10 of the Intoxicating liquor Act 1962, applicants must possess a license to trade in the area, the area must not be the county borough of Dublin, an event of significance must be occurring in the area and there must be "a considerable amount" of people in the area: the judge agreed with all four points. O'Donnell noted that one hotelier had described the match as having "an international flavour as journalists from the UK were booked into his hotel to report on the game [...] that over 2,000 room nights would be availed of and that certain hotels [...] had to turn away pre and post match functions. He even equated the match to be on a par with the famous Galway Plate
Galway Plate
The Galway Plate is a National Hunt chase in Ireland which is open to horses aged four years or older. It is run at Galway over a distance of 2 miles and 6 furlongs , and during its running there are fourteen fences to be jumped...

". O'Donnell responded to comparisons with a 1961 application for a dance licence in Kilkee
Kilkee
Kilkee is a small coastal town in County Clare, Ireland. It is located midway between Kilrush and Doonbeg on the N67 road. The town, one of the most famous resorts in Ireland, is particularly popular as a seaside resort with people from Limerick City...

, 1971 judicial remarks on the definition of a "special event" and a 1984 High Court case which sought to clarify if a wedding was considered a "special event" in law by saying that none were in any way like this case and that there was no legal definition for the term "special event". O'Donnell described the application as "a last resort", observed that Thomond Park's stadium license would permit alcohol to be served on the day, that it would be "somewhat absurd" if the pubs lost out on business and also took into account that there were "health and safety reasons" for opening the pubs to serve the thousands of fans leaving the stadium when the match had ended.

Publicans in Limerick were granted legal permission to trade between 18:00 and 23:30 on Good Friday 2010 (the application had sought hours of 18:00 until midnight). An area map delivered by the applicants had proposed the city of Limerick, Raheen Dooradoyle, Annacotty, Corbally, and Castletroy as the areas in which businesses would freely operate; the judge agreed with this and signed the map.

Reaction to verdict

Solicitor for the applicants Gearoid McGann of Sweeney McGann Solicitors called it "a groundbreaking decision". Limerick traders celebrated by selling t-shirts bearing slogans such as "Officially bigger than the Catholic Church: Munster Rugby", "Mass will now take place at Thomond Park" and "We have no bishop, no minister and no hurling team, but we can drink on Good Friday", referring to the scandal-hit Donal Murray
Donal Murray
Donal Brendan Murray was the Roman Catholic Bishop of Limerick from 1996 to 2009. He had previously served as an Auxiliary Bishop of the Dublin diocese-Early life and ordination:...

 (sexual abuse scandal in Limerick diocese
Sexual abuse scandal in Limerick diocese
The sexual abuse scandal in Limerick diocese is a significant episode in the series of Catholic sex abuse cases in the United States and Ireland.-Denis Daly affair:...

), Willie O'Dea
Willie O'Dea
Willie O'Dea is an Irish Fianna Fáil politician and a Teachta Dála for the Limerick City constituency. He served as the Minister for Defence from September 2004 until 18 February 2010, when he resigned from his post due to controversy over a defamation case.-Early and private life:O'Dea was born...

 ("brothelgate"
Willie O'Dea affidavit controversy
The Willie O'Dea affidavit controversy or Brothelgate refers to a 2010 political controversy in Ireland surrounding former Minister for Defence Willie O'Dea....

) and an internal dispute involving the county's hurling
Hurling
Hurling is an outdoor team game of ancient Gaelic origin, administered by the Gaelic Athletic Association, and played with sticks called hurleys and a ball called a sliotar. Hurling is the national game of Ireland. The game has prehistoric origins, has been played for at least 3,000 years, and...

 team. Mayor Kiely asked that the law be updated to allow alcohol on all religious occasions:

Mayor Kiely told the religious and anti-drinkers to "get real" and invited people from across Ireland to come to the city to drink on the day. Former President of the Gaelic Athletic Association
Gaelic Athletic Association
The Gaelic Athletic Association is an amateur Irish and international cultural and sporting organisation focused primarily on promoting Gaelic games, which include the traditional Irish sports of hurling, camogie, Gaelic football, handball and rounders...

 Mick Loftus expressed his disappointment "in the light of the huge alcohol problem which this country is battling".

Roman Catholic priests in Limerick made known their disappointment that this was to be "another long boozy weekend" in the city. Father Adrian Egan lamented: "Good Friday was a special day and a different day in our culture and our history -- a day to slow down and reflect". Prayer vigils and Stations of the Cross
Stations of the Cross
Stations of the Cross refers to the depiction of the final hours of Jesus, and the devotion commemorating the Passion. The tradition as chapel devotion began with St...

 rituals were planned to be performed outside the stadium by the religious.

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