The daughter of late American actress Sally Kellerman, best known for her role as Major Margaret “Hot Lips” Houlihan in the 1970 film MASH, has launched legal action against a community charity in Scotland over its refusal to allow her dog into a café.
Claire Kellerman, 62, is suing the Bernera Community Association (BCA), which operates the Bernera Community Café on Great Bernera, an island in Scotland’s Outer Hebrides. She alleges that she was discriminated against after her assistance dog was refused entry to the café.
The case was recently heard at Stornoway Sheriff Court, where it was allowed to proceed to a legal debate scheduled for December.
Kellerman, who moved to Scotland several years ago, has accused the community association of discriminating against people with assistance dogs. She has also alleged that she experienced hostility and harassment in connection with the dispute.
The BCA, a volunteer-run charity established in 1973, manages the community centre that houses the café, a medical facility, museum and other community services.
The association has said it cannot comment on the allegations because the matter is now before the court.
The legal dispute has also generated controversy over the use of publicly funded legal aid. Kellerman’s case is being supported by the Ethnic Minorities Law Centre, while the Scottish Legal Aid Board has confirmed that legal aid was granted after statutory requirements were met.
The case initially named the Bernera Community Development Trust, a separate organisation that does not operate the café.
The action was later amended to name the Bernera Community Association, after the trust had incurred more than £7,000 in legal costs.
Local Labour MSP Donald MacKinnon has called on the Scottish Legal Aid Board to review the funding of the case, expressing concern about the financial impact of the litigation on the small community organisation.
The legal aid board, however, said granting legal aid does not mean it supports the merits of a case, adding that it is for the court to determine the facts and outcome of the dispute.
The case is expected to return to court in December, when the legal issues surrounding Kellerman’s claim will be considered.
The dispute has attracted wider attention on Great Bernera, where residents are concerned about the potential financial consequences of the ongoing legal battle for the volunteer-run community association.
