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

[Merry Schoch]

Hi Mike,

I believe Ralph is on this listserv so he will see your comments.  As an 
officer of the Florida Association of Guide Dog Users (FLAGDU), I can 
guarantee that you will never receive advise to "roll over and play dead" 
when it comes to the denial of access and being treated as a second class 
citizen due to your mobility choice.  Education is key; which I believe 
Marion Gwizdala sent you documentation regarding hospitals. It is my 
understanding that Marion and Sherrill O'Brien will be staying in contact 
with you.

Have a great afternoon!

Sincerely,
Merry C. Schoch, Vice President
Florida Association of Guide Dog Users (FLAGDU)




----- Original Message ----- 
From: "michael irwin" <mikeirwin2009 at hotmail.com>
To: "Jody" <flagdu at nfbnet.org>
Sent: Monday, June 14, 2010 4:55 PM
Subject: Re: [Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye dog 
not allowed intorestaurant


>
> Jody please forward this info. to Ralph. I think we should feel an 
> obligation to stop this behavior by business owners, and in my case a 
> hospital. If we don't say something or respectfully demand our rights as 
> disabled Americans, how can we expect others to care that our rights are 
> violated? It can be difficult to stand up for your own rights, but it is 
> the correct thing to do every single time!
> Mike...
>     I have something that you need to read. I have well documented
> information about numerous violations by a local hospital who's
> employees refused me treatment and told me to leave the hospital,
> because I had a Service Dog! The files attached are a horrific account
> of how I was abused. I was a patient in the hospital and couldn't
> hardly leave my room without being hassled.  I also spent a great deal
> of time constructing a plan for the hospital to remedy the different
> violations that occurred, at the request of hospital administration.
> The staff would NOT even look at the information that I prepared for
> them. It was too detrimental to the hospital, doctors, staff and
> employees. I was also informed that I should not even try to volunteer
> at the hospital.The head V.P. of marketing informed me that "they don't
> want service dogs in the hospital, nor will they have anything to do
> with a Service Dog" program.  I have sent a press release out about the
> criminal actions (please don't forget these ARE BY DEFINITION CRIMINAL
> ACTS) and I am looking for legal representation to take St. Petersburg
> Hospital to court. If any lawyers exist in our group I would appreciate
> a phone number or they can email me. Please, please pass this email on
> to all of the members that you can. I am not sure hoe to broadcast a
> message to all the members.
> I will be glad to talk to anyone by phone as well. My cell # is
> 727-565-9211.  Thank you all in advance for your assistance.
> Mike Irwin
>
> P.S. The hospital proposal can be emailed to anyone interested in
> reading it. It was offered to the hospital as a remedy to the problems.
> The final straw was when my Service Dog and I were attacked by a Pit
> Bull in the parking lot of the hospital that escaped from a visitors
> "locked car". I was a patient at the time of the attack. It now seems
> the hospital security department lost the report. The local Police do
> still have a report that I need to get from them.
> Hold for  June,01,2010 Release.Michael Irwin
> Service Dog Discriminated Against at Hospital.
>
> Phone: 727-565-9211Fax:727-289-3209Email: mikeirwin at aol.comWeb site: 
> Contact Irwin with additional info. requests.Dog Gone Discrimination!Saint
> Petersburg, Florida - 24/5/2010 - "Hospital stays that were
> humiliating" stated Irwin. "At times the blatant discrimination was
> shocking." Primarily for a serious infection Irwin was Hospitalized
> several times (in 6 Months)to receive high dose antibiotics. Each time
> Irwin was being treated at Saint Petersburg General Hospital
> discrimination (against Irwin and his Service Dog) occurred numerous
> times, and during each stay.
> "The
> abuse was daily" said Irwin. "how can some people who work in a
> hospital be so ignorant of ADA (Americans with Disabilities Act) laws,
> "and how people with a Service Dog are supposed to be treated legally."
> It seems that lack of proper training of the hospital staff and
> employees is the root of the cause. Infractions on Irwin's legal rights
> during his stays at St. Pete. General Hospital included, employees and
> staff members ordering Irwin and his Service Dog out of the hospital,
> inappropriate (illegal)questions asked of Irwin as defined by ADA
> regulations, refused medical treatment of Irwin in the Emergency Room
> for an injury after the Doctor expressed disgust of Irwin's Service Dog
> being allowed in the Hospital (refusing him even a preliminary
> examination), and numerous other ADA infractions.
> "Things
> have even gotten worse" Irwin indicated "I was asked by the head of the
> marketing department Ginger King to indicate remedies I had in mind and
> present the ideas to her when finished". "When I called her to deliver
> my report she said that the Hospital didn't want any report, or
> information about(abuses and the other) hospitals problems". Irwin is
> trying to contact Hospital executives Guy Samuel V.P. of Human
> Resources, and Jenny Dennis Education Dir. to settle the issues and
> discuss Irwin's Hospital imposed dilemma. "If the Hospital CEO, or
> Board of Directors wont talk to me in the Board Room I guess they will
> have to answer the questions about the abuses in the Court Room.
> Irwin
> and his Service Dog "Nickie" both have a lengthy list of
> qualifications, and certifications. Both meet or exceed all Local,
> State, and Federal Requirements for a Service Dog, and it's
> User/Handler. Irwin has been decorated for his Training Skill, user
> qualifications and handler capabilities. Nickie (the Service Dog)was
> decorated for excellence and completion of many training programs. "It
> was indicated to me not to even apply for a Volunteer job." Irwin said,
> it seems obvious St. Pete. General would not want the public to become
> aware of it's employees discriminatory behavior. But what is the
> Hospitals problem? And is it worth trampling on Irwin's Human Rights to
> avoid embarrassment? Irwin explained, "This all started because Bay
> News 9 wanted to film a story about how Nickie helped me when I was in
> the hospital". Irwin was ordered by the Marketing Department not to do
> so. What happened to Freedom of Speech and Constitutional Rights? It
> seems the only future assistance offer by St. Pete general is to show
> Irwin where the door is. It seems apparent that this is just another
> case of "Dog Gone Discrimination".
> ###
>
>> Date: Mon, 14 Jun 2010 12:42:02 -0700
>> From: spadad1 at yahoo.com
>> To: blind411 at verizon.net; flagdu at nfbnet.org
>> Subject: Re: [Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye 
>> dog not allowed intorestaurant
>>
>> please, should you ever need to appear before a judge on the issue as i 
>> have several times. the real treat was the judge that was ignorant of my 
>> rights and the laws that are present to protect those rights. for the 
>> sake of a secure,comfortable and friendly supper sometimes it is best for 
>> all to be strong yet polite. if you do get served in a less than 
>> understanding establishment well many things may be added to your plate 
>> that do not qualify as food. some simple call ahead planning may allow 
>> you to avoid a negative situition. is that wrong? no but a gulf full of 
>> oil is not right, simply because bp did not plan ahead.i love my guide 
>> dogs and i love having them with me. unfortunately the world is not 
>> perfect if it were we would not have ada or civil rights laws.i only 
>> speak for myself. i will not suject my guide dog , myself or my 
>> companions into a enviroment that does not welcome me. listen i know that 
>> rejection because of our disabilities is cruel
>>  and hard but the world is a cruel , hard place. plan ahead,prepare.in 
>> the morning read your ada and aclu newsletters. do you have a attorney? 
>> well God bless and yes,pursue your happiness. please keep in mind your 
>> guide dog does not have to bark. as i have witnessed on a few occasions a 
>> guide dog blocking the traffic flow and not having it CORRECTED with a 
>> simple "sit, down under" is legal grounds for removal of the guide 
>> dog,pony or even parrot. i have faced all kinds of discrimination sadly 
>> but true usually based on ignorance that some simple instruction can 
>> cure. sometimes having a guide dog is difficult at best but we continue 
>> to show our best side and read the florida statue if the guide animal of 
>> any kind interferes with the normal flow of bussiness traffic it and you 
>> can be removed."sit,down under".enjoy mealtime and allow your sadly 
>> expensive attorney argue. God bless and i wish you the best.
>>
>>
>>
>>
>> ________________________________
>> From: Marion Gwizdala <blind411 at verizon.net>
>> To: Florida Association of Guide Dog Users <flagdu at nfbnet.org>
>> Sent: Sun, June 13, 2010 3:37:10 PM
>> Subject: Re: [Flagdu] FW: [nagdu] Blind Brockton woman says Seeing Eye 
>> dog not allowed intorestaurant
>>
>> 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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>> >
>> >
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