[blindlaw] Fw: service refused at McDonalds

[Ray Wayne]

I just settled a case involving a well-known fast food chain, which will
remain nameless.  We are requiring them to pay the Complainant $1,000, and a
civil penalty (which is permitted under the NYC Human Rights Law of $5,000
to the City.
Further, and perhaps most important, we are requiring that they circulate a
written policy to all employees at any of their stores throughout New York
City stating that blind and other disabled people are entitled to full
access with their guide dogs or other service animals.  All employees will
have to sign a statement indicating that they have read and understand the
policy.
If you have any questions, contact me off list.
Ray

----- Original Message -----
From: "Cameron Gray" <dallasfortworthlawyer at yahoo.com>
To: <blindlaw at nfbnet.org>
Sent: Tuesday, November 11, 2008 5:23 PM
Subject: [blindlaw] Fw: service refused at McDonalds




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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