[nagdu] What would you have done? An odd access issue

Sat Feb 28 01:20:02 UTC 2009

Tami,
    Here is what it says in "Frequently Asked Questions About Service 
Animals":

. People with disabilities who use service animals cannot be charged extra 
fees, isolated from other patrons, or treated less favorably than other 
patrons.

The Americans with Disabilities Act states:
(iii) Separate benefit. It shall be discriminatory to provide an individual 
or class of individuals, on the basis of a disability or disabilities of 
such

individual or class, directly, or through contractual, licensing, or other 
arrangements with a good, service, facility, privilege, advantage, or 
accommodation

that is different or separate from that provided to other individuals, 
unless such action is necessary to provide the individual or class of 
individuals

with a good, service, facility, privilege, advantage, or accommodation, or 
other opportunity that is as effective as that provided to others. (42 USC 
12182)

    One good test as to whether an action is discriminatory is to ask if 
this were asked of someone because of their race or ethnic origin, would it 
be considered discriminatory. In other words, if an African-American patron 
were asked to sit in the corner or not be served, would it be considered 
discriminatory? They may not have had a sign that said "blind People sit 
here", but this is what was implied. A person cannot be separated from 
others because of their disability. If others are allowed to choose where 
they sit and you are not, you are not being  treated equally and therefore, 
in a discriminatory manner.

Fraternally,

Marion

----- Original Message ----- 
From: "Tamara Smith-Kinney" <tamara.8024 at comcast.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Friday, February 27, 2009 5:15 PM
Subject: [nagdu] What would you have done? An odd access issue

First, hi to all the new members!  I am loving the energy and the new
observations and experiences.  It's also cool to learn more about the
members I thought I new as they discuss things in a new way.  Now, if only I
could keep up with all of you!  /grin/

Anyway, here is my tale, along with what I did do at the time.  With much
retrospect, I'm still pretty clueless how to view the situation or how best
to handle something like it.

I was downtown with a friend, and we decided to go to a café she told me
about for Russion dumplings.  I had never heard of them before, but I really
wanted to try them.  (Yummy; very filling.)  We found the shop and went in,
where we stopped to shake off the rain and get oriented.  She was using her
cane; I had my dog.  While we were still figuring things out, a voice from
behind the counter asked me to keep my dog right there in the corner,
please.  I pointed out she's a guide dog, he said he knew that, just please
keep her "right there, in corner."  He had a somewhat strong accent, I
suddenly noticed, yet it did seem we were communicating.  He made it clear
he wasn't asking us to leave, he just wanted the dog to sit in the corner.

Naturally, this got my dander up.  I had figured out the layout by now, so I
picked up my harness handle, and we started forward.  This got the owner's
dander up, and he repeated his request somewhat more loudly, apparently on
the theory I was too stupid to understand what he wanted.  I opened my mouth
to argue, and my cell phone rang - my roommate's ring tone.  While I was
talking to him, another customer came in.  I heard the owner ask the guy
plaintively if he could explain it to me, that he didn't want the dog near
the food around the counter.  Phone conversation over, I prepared to push
the issue, but then it occurred to me.  I wasn't actually sure if this was
breaking the law or not.  I definitely believed (and still do) that he was
in the wrong, but if he was within his rights, then who am I to argue?  He
was making it clear he intended to serve us, that he didn't want us to
leave, that he would come to us to take our order since we weren't coming to
the counter, etc.  He was, in his own way, being fairly courteous, even nice
about the whole thing.

Part of me wanted to just march out in a huff at that point, throwing some
obnoxious comment like, "Fine!  If you don't want me to spend my money
here." loudly over my shoulder on the way.  Part of me wanted those Russian
dumplings, which I could now smell.  Also, it was yicky outside at the
moment, and I wanted to sit down indoors.  What can I say?  I'm a wuss.
/smile/  Besides, leaving felt too much like being deprived of my goal of a
tasty dumpling.

Anyway, we ended up staying, we were served, he went out of his way to be
extra nice while clearly thinking we were both stupid, although he and I did
share our feelings on each of the matter for a less heated round.  I got my
dumplings, my friend and I had a quiet place to talk for a bit, and I had no
idea if I had made the right choice or if I had just taken the coward's way
out.  Very hard on my pride, I tell you what!

So, my question is:  Was this an access issue at all, since he did, after
all, accommodate us?  Or should I have kept on with the attitude and
confrontation until I got my way and exercised my rights?

The next question has more to do with getting thoughts and opinions:  Would
you (or do you think I should have) a) left, making sure the owner
understood you refused to spend money in his store? b) played nice and taken
the opportunity for further discussion of the issue (hey! That makes it
sound like I was just being noble, huh?  Ha!) or c) is there something
better I totally haven't thought of?

Thanks!

Tami Smith-Kinney

_______________________________________________
nagdu mailing list
nagdu at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for nagdu:
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/swampfox1833%40verizon.net 