[nagdu] Guide dog user has to call police to have anicecreamatMarble Slab

Marion & Martin swampfox1833 at verizon.net
Thu Nov 19 12:56:28 UTC 2009 

Sarah,
    Well, any public place can refuse to serve anyone for any reason, except 
for those of a "protected class". Disabled people are one "protected class" 
and, to refuse to serve a person because of their disability is a violation 
of state (Florida) and federal laws. If Merry were to have been rude or 
disorderly, she could certainly have been refused service. However, the 
initial claim was that she was refused service because she is blind and 
chooses to use a guide dog.

Fraternally yours,
Marion


----- Original Message ----- 
From: "sarah baebler" <wolvessarah at hotmail.com>
To: <nagdu at nfbnet.org>
Sent: Wednesday, November 18, 2009 4:50 PM
Subject: Re: [nagdu] Guide dog user has to call police to have 
anicecreamatMarble Slab


>
> Wait, I have a question.  How can you banned someone from a store from 
> being rude.  I don't think you can.  That's discriminative in any form and 
> NOT LEGAL at all.  Go in next week and if she says you can't come in call 
> the cops again.  :)
> Sarah
>
>> Date: Wed, 18 Nov 2009 13:04:38 -0500
>> From: REBECCA.PICKRELL at ngc.com
>> To: nagdu at nfbnet.org
>> Subject: Re: [nagdu] Guide dog user has to call police to have an 
>> icecreamatMarble Slab
>>
>> Where is the story on Facebook?
>> And, if Mary's dog was licking the cones, wouldn't that earn the ice
>> cream shop a health code violaton as if the cones were in dog reach,
>> they're also within toddler reach and yucky trash reach, meaning nobody
>> should be eating them.
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>> Behalf Of Marion & Martin
>> Sent: Wednesday, November 18, 2009 8:27 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Guide dog user has to call police to have an
>> icecreamatMarble Slab
>>
>> Albert,
>>     Thank you for your suggestions! The restaurant is a franchise of
>> Marble
>> Slab located in Atlanta, GA. I have already contacted their headquarters
>> and
>> have spoken with the franchise owner. I am expecting a return call from
>> him
>> today. I have also spoken with the General manager of Centro Ybor, the
>> mall
>> where the store is located, as well as the District Manager of
>> International
>> Security Management Group (ISMG), the company that provides contract
>> security for the mall. With more than 20 years of advocacy experience on
>>
>> guide dog issues, I have learned the value of casting a wide net and
>> taking
>> my concerns directly to the top and calling everyone to task for their
>> employees behavior! I have even been in contact with the media! The
>> story is
>> out on Face Book and individuals I don't even know have called the store
>> and
>> told them how outraged they are with their treatment of guide dog users!
>>     The Assistant Manager is now claiming that Merry's dog "was licking
>> the
>> cones", something that is not only ludicrous, but impossible, as the
>> cones
>> are kept above the counter, more than five feet high! The security
>> officer
>> may have been arrogant, but at least we believe he will tell the truth
>> about
>> the incident. He was there when Merry walked in and the whole time the
>> incident took place. We will have more of the story for everyone as it
>> unfolds!
>>
>> fraternally yours,
>> Marion Gwizdala
>>
>>
>> ----- Original Message ----- 
>> From: "Albert J Rizzi" <albert at myblindspot.org>
>> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
>> <nagdu at nfbnet.org>
>> Sent: Wednesday, November 18, 2009 7:30 AM
>> Subject: Re: [nagdu] Guide dog user has to call police to have an
>> icecreamatMarble Slab
>>
>>
>> > Find out if they are a subsidiary of a larger chain, like stone cold
>> > creamery, I am getting a sense you could single handedly change
>> > perceptions
>> > across state lines if this is true.  Further, see if you could get the
>> > security company to hire you for proper sensitivity trainings for its
>> > staff
>> > who are obviously ignorant of federal laws governing service animals.
>> I
>> > love these mickey  mouse cops who cannot make it as peace or police
>> > officers
>> > only to settle for security positions to assuage their own
>> inadequacies.
>> > I
>> > had a similar problem with a village security guard and boy was he
>> eating
>> > crow when the real police showed up.  You have a great opportunity
>> here to
>> > effect change in a few established organizations who have not embraced
>> the
>> > 21st century and humanity over all.  If you would like to talk more on
>> the
>> > topic, I and My Blind Spot   would be all to happy to assist. Keep
>> > fighting
>> > the good fight.
>> >
>> > Albert J. Rizzi, M.Ed.
>> > CEO/Founder
>> > My Blind Spot, Inc.
>> > 90 Broad Street - 18th Fl.
>> > New York, New York  10004
>> > www.myblindspot.org
>> > PH: 917-553-0347
>> > Fax: 212-858-5759
>> > "The person who says it cannot be done, shouldn't interrupt the one
>> who is
>> > doing it."
>> >
>> >
>> >
>> > -----Original Message-----
>> > From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>> Behalf
>> > Of Marion & Martin
>> > Sent: Wednesday, November 18, 2009 4:28 AM
>> > To: NAGDU Mailing List, the National Association of Guide Dog Users
>> > Subject: Re: [nagdu] Guide dog user has to call police to have an ice
>> > creamatMarble Slab
>> >
>> > Tami,
>> >    Perhaps the word you were looking for was "rude"! (smile) Now the
>> > assistant manager is claiming that kappie was "licking the cones"! How
>> > ludicrous! Especially since the cones are about five feet off the
>> floor!
>> > There just happened to be a security officer in the store when all of
>> this
>> > happened! Of course, he was ignorant enough to tell Merry that the
>> store
>> > was
>> >
>> > private property and could refuse access to anyone they wished. When
>> she
>> > told him of the law, he retorted that he was a former police officer,
>> was
>> > well aware of the law and that no such law existed! He changed his
>> tune
>> > very
>> >
>> > quickly when the real cops arrived! (smile)
>> >    I will be speaking with the franchise owner and the security
>> company
>> > that contracts with the mall today. I will send an update when I have
>> > something to report!
>> >
>> > Peace!
>> > 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: Tuesday, November 17, 2009 12:52 PM
>> > Subject: Re: [nagdu] Guide dog user has to call police to have an ice
>> > creamatMarble Slab
>> >
>> >
>> >> Wow!  I am so sorry that Merry had to go through this.  Great job by
>> both
>> >> of
>> >> you, and Sunshine, to straighten things out.  I am impressed, and
>> thank
>> >> yous
>> >> from Oregon for dealing so effectively with access issues!  And for
>> your
>> >> follow up, which I know you are both well capable of doing well!
>> >>
>> >> Banned from the store for being rude!  Well, I never!  That is
>> just...
>> >> Words fail me.
>> >>
>> >> Keep on being rude like that!  Only I hope you don't have to again.
>> >>
>> >> Wishing Merry gallons of her favorite ice cream.
>> >>
>> >> Tami Smith-Kinney
>> >>
>> >> -----Original Message-----
>> >> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>> >> Behalf
>> >> Of Marion & Martin
>> >> Sent: Tuesday, November 17, 2009 8:38 AM
>> >> To: NAGDU List; NFBF List
>> >> Cc: blind411 at verizon.net
>> >> Subject: [nagdu] Guide dog user has to call police to have an ice
>> cream
>> >> atMarble Slab
>> >>
>> >>    I am sending the following message on behalf of Merry!
>> >>
>> >>
>> >> Hi All,
>> >>    Last night on my way home from school, I decided to stop at Marble
>>
>> >> Slab
>> >> to have some ice cream, since I had time before my bus was due to
>> arrive.
>> >> I
>> >> walked in the door only to be told that I could not bring my dog in
>> the
>> >> store.  The assistant manager told me that she would serve me if I
>> stood
>> >> by
>> >> the door to place my order and then sit outside to eat it.  This all
>> >> happened at approximately 8:30 p.m., I arrived home at 10:43 p.m.
>> because
>> >> of
>> >>
>> >> the drama.  However, I am pleased to announce that I did get my ice
>> cream
>> >> although it took 2 police officers and 1 police Sgt.  from the Tampa
>> >> Police
>> >> Department.
>> >>    Please note, especially all guide dog users, that our education is
>> not
>> >> done!  Not only did we educate an Assistant Manager, a security
>> officer
>> >> at
>> >> Centro Ybor, we educated the police officers as well, who at first
>> >> basically
>> >>
>> >> told me that I was not telling the truth.  It was only when Marion
>> called
>> >> for the Sgt. that attitudes changed.  I can tell you I was literally
>> >> shaking
>> >>
>> >> I was so upset, my words were assertively calm, but from the
>> beginning I
>> >> was
>> >>
>> >> not going to come out this being the bad guy.  I thank Sunshine and
>> >> Marion
>> >> for being there for me via phone supporting me, and then Marion
>> hopping
>> >> on
>> >> the bus to stand by my side.
>> >>    Of course, this morning more education will be done by calling the
>> >> corporate office of Marble Slab and Centro Ybor Security.  So, all my
>> >> fellow
>> >>
>> >> guide dog users please note that when I finally was able to order my
>> ice
>> >> cream, I told the officers I had just one question to ask the
>> woman...I
>> >> asked her that if 3 guide dog users walked into Marble Slab would
>> they be
>> >> served without any problems or being told to go outside.  She replied
>>
>> >> that
>> >> they would be served; however, I am banned from the store for being
>> rude,
>> >> HAHA.  I think she's angry because I called the police, who stated
>> that
>> >> she
>> >> was rude not me (imagine that !).  The police officer said if she
>> ever
>> >> denies anyone with a service animal access again, he will slap the
>> cuffs
>> >> on
>> >> her and the owners can come and lock the doors!
>> >>    Education is a great thing...speaking of which two more papers to
>> >> write!
>> >> Blessings to all,
>> >> Merry
>> >>
>> >>
>> >> _______________________________________________
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>> >>
>> >>
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