The Svea appeals upheld a decision of a lower court that the prosecutor had not proven that the restaurant owner had intended to discriminate against the women, Swedish Radio’s Ekot programme reported.
The incident occured in 2003 in a restaurant in the Kungsholmen district of Stockholm. As well as facing criminal prosecution, the restaurant owner has been sued by the women in the civil courts. In Tuesday’s judgment in the criminal case it was ruled that prosecutors had not produced sufficient evidence to prove the restauranteur’s intention to discriminate.
The woman may have felt violated, the court decided, but there was no support for the claim that the women were thrown out because of their sexual orientation.
In the civil case, the burden of proof lies with the restaurant owner. He has already been ordered to pay 50,000 kronor in damages to the women, but an appeal of that decision is due to be heard by the Supreme Court.