[blindlaw] Fw: service refused at McDonalds

Michael Fry mikefry79 at gmail.com
Wed Nov 12 00:38:52 UTC 2008


*I think, sue McDonald's under a theory of Respondeat superior for Negligent
Infliction of Emotional Distress, or there are probably analogous state
provisions to 42 USC s 1983 that may be applicable to discrimination against
the disabled.*
**
*Common law criminal assault is fear of an unwanted touching, no physical
contact is necessary.  The elements of civil assault in Texas case law
probably does not require physical contact.  I think it's doubtful that
physical contact is necessary to maintain a civil suit for assault.  *
*  *

On Tue, Nov 11, 2008 at 2:23 PM, Cameron Gray <
dallasfortworthlawyer at yahoo.com> wrote:

>
>
> 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
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