[blindlaw] Fw: service refused at McDonalds

[Cameron Gray]

If we do not lay out ourselves in the service of mankind, then whom should we serve? - John Adams



----- Forwarded Message ----
From: Cameron Gray <dallasfortworthlawyer at yahoo.com>
To: Blinglaw at nfbnet.org
Sent: Tuesday, November 11, 2008 4:20:49 PM
Subject: service refused at McDonalds


Listmates:
I have a client who was asked to leave a McDonalds because the manager felt that her dog was too big and a possible threat to other customers.  When she tried to explain that her dog was trained and licensed, the manager kept saying in a loud voice "OUT OUT OUT, GET OUT".  Needless to say this was a very traumatic experience for my client and she has been under the care of a physician since it happened.  She has trouble sleeping and problems with anxiety.
At first impression this seemed to be an ADA, Title II case.  However, the prospective defendant has apologized and the manager has been fired.  No injunctive relief needed.  Can anyone help me with a viable theory to sue in state court?  An assault perhaps?  Problem is that the manager never touched her.  Any comments will be appreciated.
Cameron Gray,
Attorney at Law
Grand Prairie, Texas
 
If we do not lay out ourselves in the service of mankind, then whom should we serve? - John Adams