[Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye dog not allowed intorestaurant

Sun Jun 13 19:37:10 UTC 2010

Ralph,
    I would like to respectfully disagree with your assertions that 
"interfering with normal business flow" is a legitimate legal reason to 
refuse access to a disabled person accompanied by a service animal. 
According to Florida statute 413.08 and the Americans with Disabilities Act, 
the only legitimate, legal reasons to deny access to a service animal is if 
the animal poses a direct threat to the health or safety of others that 
cannot be mitigated by a reasonable modification of policies, practices, or 
procedures or if the animal is out of control and the handler does not take 
immediate action to correct the behavior.
    As for there being no jail time for those who violate our civil rights 
under Florida law, this is partly true. Although violation of florida 
statute is a second degree misdemeanor punishable by up to 60 days in jail 
and/or a fine of up to $500, it is very unlikely that anyone convicted of a 
second degree misdemeanor would face any jail time. This being said, Florida 
courts have been very strict on those who have violated our rights under 
this statute. The most recent case I know of resulted in the person being 
sentenced to 45 hours of community service with the Lighthouse for the 
Blind, being required to post "service Animals Welcome" signs, and being 
required to place a 1/4 page ad in the St. Petersburg Times for 7 
consecutive days advising the public of the law. This latter part of the 
sentence probably cost the business owner about $2000!
    As for the practice of calling ahead to let a business know you will be 
bringing a service animal, I am of the opinion that this is not a very good 
idea for several reasons. The first and most important reason is that a 
place of public accommodation cannot discriminate against someone 
accompanied by a service animal so there is absolutely no good reason to 
tell them in advance. It is my experience that doing so only causes more 
problems than it might seem to prevent. When a business is notified in 
advance, the staff seems to think that there is something special they need 
to do to prepare for the service animal. This can result in such forms of 
discrimination as separate or unequal benefits. It also gives rise to the 
business saying they do not allow animals in their place of business. It is 
better to deal with their ignorance when you get there, rather than try to 
convince them on the phone. We have the legal right to be accompanied by our 
service animals in any place the public is invited, so the fact that we will 
be accompanied by our dogs is irrelevant. Would you advise a black person to 
call ahead and let a business know that a black person will be coming to 
their place of business? If the answer is "No!", then why notify them that 
we will be accompanied by a guide dog? It is the black person's civil right 
to enjoy the benefits of a public accommodation without being subjected to 
discrimination just as it is our civil right to be accompanied by a service 
animal without being subjected to discrimination. JMHO!

Fraternally yours,
Marion Gwizdala

----- Original Message ----- 
From: "ralph narducci" <spadad1 at yahoo.com>
To: "Merry Schoch" <merrys at verizon.net>; "Florida Association of Guide Dog 
Users" <flagdu at nfbnet.org>
Sent: Saturday, June 12, 2010 7:27 PM
Subject: Re: [Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye dog 
not allowed intorestaurant

i have been a guide dog user for over ten years. hey there is no jail time 
involved for anyone that refuses a guide dog. they simply say that the dog 
is interfering with normal business flow. i find that several guide dog user 
have no idea what the command "sit, down under" is or what and when it is to 
be used.the problem many times is the fault of an uneducated or indifferent 
guide dog user. if the police are called the establishment manager or owner 
is always corrected. if the guide dog user has a copy of the state laws with 
them and is is in firm and complete in complete control of their dog. 
remember the dog MAY NOT interfere with normal operations of any 
establishment.it is best to use brain not brawn and of course simple 
courtesy. a call ahead saying i will or my friend will be at your 
establishment with their guide dog. any fuss say perhaps you should contact 
legal advice. simple we the visually impaired also have guide lines to 
follow. good luck
 and be gracious with good planning.
ralph

________________________________
From: Merry Schoch <merrys at verizon.net>
To: Florida Association of Guide Dog Users <flagdu at nfbnet.org>
Sent: Sat, June 12, 2010 9:28:50 AM
Subject: Re: [Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye dog 
not allowed intorestaurant

Sherrill,

I appreciate you putting this out. Marion and I just saw this since we were
gone until late evening. I am sure NAGDU will in some way educate the
restaurant owner. Hopefully there will be guide dog users in the area to
unite and visit this establishment.

Thanks again for the post!
Merry
----- Original Message ----- 
From: "Sherrill O'Brien" <sherrill.obrien at verizon.net>
To: "FLAGDU List" <flagdu at nfbnet.org>
Sent: Friday, June 11, 2010 4:33 PM
Subject: [Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye dog not
allowed intorestaurant

> Hello all,
>
> Yes, just one more article about a guide dog user being refused access to
> a
> restaurant. But the employee in this restaurant, who is acting as though
> he's the manager, is extremely pigheaded about this, saying that when a
> blind person accompanied by a dog is eating, she doesn't need the dog, so
> it can wait outside. Amazing! For those of you who attended our FLAGDU
> meeting in Orlando, this should really remind you of the skit which we put
> on, dramatizing an actual event in which our vice president Merry Schoch
> was
> denied access to an ice-cream shop in Tampa. The worker there was just as
> unyielding, until she was threatened with jail time!
>
> This woman did not file a complaint with the police department, and she
> gave
> in and left the restaurant. This is where the Federation can help educate
> and advocate for guide dog users who themselves need some guidance. This
> article never mentions the manager or owner of the restaurant. This
> situation certainly calls for some solid NFB intervention on all fronts.
> But I'm getting carried away. Read on, and I'm sure Marion will weigh in
> on
> this situation!
>
> Sherrill
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]On
> Behalf Of Ginger Kutsch
> Sent: Friday, June 11, 2010 10:02 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Subject: [nagdu] Blind Brockton woman says Seeing Eye dog not allowed
> intorestaurant
>
>
> Blind Brockton woman says Seeing Eye dog not allowed into
> restaurant
> By Maria Papadopoulos
> ENTERPRISE STAFF WRITER
> Posted Jun 11, 2010 @ 01:38 AM
>
> BROCKTON, MASS. - Claire Crowell says she could not see the man
> who refused to let her Seeing Eye dog accompany her into a city
> restaurant.
>
> She could only hear him - and his words stunned her.
>
> "He said, 'I don't care, you can't come in here with the dog,'"
> Crowell, 69, said while standing next to the dog, Vixen, in the
> kitchen of her Brockton home Thursday afternoon.
>
> Crowell said she and a friend went to the Chinatown restaurant on
> Oak Street Extension on Wednesday for lunch.
>
> When she walked inside with Vixen, she said a male employee told
> her she could come in, but to leave the dog outside.
>
> Crowell said she told the employee that federal law allows her to
> bring a guide dog into the restaurant, but the man refused the
> dog again. Crowell then left the restaurant.
>
> "I felt embarrassed and violated, you know? It's very
> embarrassing," Crowell said, crying. "It's hard enough to be a
> disabled person, but when you're treated like that, it's not
> fun."
>
> The federal Americans with Disabilities Act requires
> privately-owned businesses that serve the public to allow people
> with disabilities to bring their service animals onto business
> premises in whatever areas customers are generally allowed. The
> law applies to businesses including restaurants, hotels, retail
> stores, taxicabs, theaters, concert halls and sports facilities.
>
> State law says that whoever deprives a physically handicapped
> person this right may be fined $300 and is liable for civil
> action.
>
> At Chinatown restaurant on Thursday, employee Dominic So said
> that he refused to let Vixen, Crowell's dog, into the restaurant
> on Wednesday.
>
> "I work here. I have the right to stop the dog," said So, 50. "I
> won't let a dog in the restaurant."
>
> When informed of the federal law that allows a guide dog to be
> inside the restaurant, So said, "I have no clue."
>
> "The dog can wait outside," So said. "When she eats, she doesn't
> need the dog. When she walks, she needs the dog. I understand
> that."
>
> So said that Crowell could have people assist her inside the
> restaurant, but the dog should stay outside.
>
> "I just can't let a dog in the dining room when I have customers
> dining here," So said. "If she insists I violated her rights,
> there's nothing I can do. I'm right to refuse a dog in the
> restaurant."
>
> Businesses refusing guide dogs is seen regularly, and often
> results from a misunderstanding on the part of business owners,
> said Chris Danielsen, spokesman for the National Federation of
> the Blind in Baltimore.
>
> "You simply have to educate the business owner," he said. "If a
> business owner actually refuses, it can lead to seeking charges
> to being filed."
>
> "It's obviously very upsetting to the person that it happens to,"
> he added.
>
> If Crowell made a complaint to police, officers would go to the
> restaurant to explain the law to employees, police Lt. Tom
> LaFratta said.
>
> "If they still refuse, I would take punitive action," LaFratta
> said.
>
> Crowell said she formerly worked as a medical assistant before an
> autoimmune condition led to the deterioration of her eyesight
> over the past three decades. She became legally blind in the
> 1990s.
>
> Hugging Vixen, she said she relies on the part golden retriever,
> part Labrador retriever on showing her the way.
>
> "The dog is my eyes," she said. "She is supposed to see for me
> and guide me where I need to go."
>
> Maria Papadopoulos can be reached at
> mpapadopoulos at enterprisenews.com.
>
> Source:
> http://www.patriotledger.com/business/x1602635111/Blind-Brockton-
> woman-Seeing-Eye-dog-not-allowed-into-restaurant
>
>
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