A court in Scotland has determined that a performance venue violated anti-discrimination law when it cancelled a stand-up show by comedian Philip Simon at last year’s Edinburgh Festival Fringe. The Banshee Labyrinth, located on Niddry Street, scrapped Simon’s performance after reviewing his social media activity. The venue initially justified the cancellation by stating that Simon’s views aligned with groups involved in humanitarian violations.
Simon, based in London, had posted commentary on the Middle East conflict in January 2025, including remarks about Israel’s release of Palestinians and negotiations with what he characterized as terrorist organizations. When the cancellation occurred, the venue indicated that Simon’s positions on the Palestinian humanitarian crisis conflicted with the establishment’s stance toward Israeli government policy. Simon disputed this characterization, stating his comments focused on hostage releases and peace efforts, and expressed concern about being excluded based on his religious identity.
Simon pursued litigation against Morrison Bro’s Ltd, the venue’s operator, alleging belief-based discrimination. During proceedings, the defendant conceded it had acted contrary to the Equalities Act. According to Simon’s attorney, the venue’s legal team acknowledged the unlawfulness of its actions on August 5, shortly before the scheduled hearing. The judge noted this late admission was unreasonable and ordered the venue to cover legal costs at an elevated rate typically applied when one party acts without reasonable justification in litigation.
The venue’s legal representative initially contested whether settlement discussions could have occurred before formal legal action commenced and requested that expense determinations be postponed. However, the court proceeded with awarding costs related to preparation for the substantive hearing at the higher rate, citing the defendant’s delayed acknowledgment of discrimination.
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