[nagdu] Virginia restaurant investigated by DOJ

[Ginger Kutsch]

FYI. This article demonstrates how the police cannot enforce a
state of federal civil law, but can only encourage the business
owner to comply. This is one of the reasons that the NFB adopted
a resolution (2010-25) this summer which calls on its members to
help make it a criminal offense in every state to deny access to
guide dog teams. This article also demonstrates the misconception
that if the person with a disability is accompanied by another
person, then  there is no need for a service animal.
   
Agency probes local eatery
By Tina Barbour/AltaVista Journal Staff Writer
Wednesday, September 29, 2010 12:07 PM EDT
 
The U.S. Department of Justice (DOJ) has opened an investigation
into a complaint filed against Napoli's Italian Restaurant in
Altavista, John Calabrese, who filed the complaint, said.
 
In an e-mail dated Sept. 24, Calabrese, of McLean, said,
"Napoli's will be investigated based upon the complaint we filed
indicating that my deaf and blind wife with her service animal
was denied service and that her rights were violated under the
ADA." 
 
The incident in question occurred on May 8 at Napoli's on Main
Street in Altavista. According to Calabrese at the time, he and
his wife Christine entered the restaurant with her service dog
Koji.
 
Calabrese said his wife needs the service dog for sight, sound
and bracing.
 
A waitress seated the couple. Then Ahmed S. Ahmed and Fathy Morse
of Napoli's came from the back and told them they would have to
leave the dog outside, said Calabrese.
 
Calabrese said he told Ahmed and Morse about the Americans with
Disabilities Act (ADA), which states service dogs are to be
allowed in public places such as restaurants.
 

 
 
They still refused to serve them, so Calabrese called the
Altavista Police Department. Deputy Chief Ken Walsh and Officer
Rob Haugh responded and also advised the restaurant employees
about the ADA requirements.
 
Walsh said in May that he told the employees, "They have a valid
complaint, and from the health department's standpoint, they have
a winnable complaint."
 
After the incident, Ahmed said he didn't understand the law at
the time. Since the woman's husband was with her, it seemed
reasonable to him that the dog could stay outside.
 
He said he didn't understand Walsh when he explained the law to
him. It wasn't until he went home and talked with his American
wife that he understood the law, he said. The couple was welcome
to return with their dog and eat in the restaurant, he said.
 
Repeated attempts were made to contact Morse and Ahmed, but they
were unsuccessful.
 
Zek Saad, manager of Napoli's in Gretna, said Monday that
Napoli's in Altavista was closed. On both Monday and Tuesday, the
doors to the restaurant were locked, the lights were off and the
phone was not answered.
 
In response to questions about how the investigation would be
done, Xochitl Hinojosa, a public affairs specialist for DOJ said
in an e-mail dated Sept. 27, "We do not discuss timing or details
of our investigations."
 
The ADA Web site gives directions on how to file a complaint. It
says the Disability Rights Section, which is part of the DOJ
Civil Rights Division, "will investigate the complaint and
determine whether to begin litigation. We will not necessarily
make a determination on each complaint about whether or not there
is an ADA violation."
 
On the Web site, it also states, "If we believe there is a
pattern or practice of discrimination, or the complaint raises an
issue of general public importance, we may attempt to negotiate a
settlement of the matter or we may bring an action in U.S.
District Court."
 
Comments
 
Kirsten Richards
 wrote on Sep 30, 2010 5:59 PM:
 
" It is unfortunate that 20 years after the passage of the ADA,
and in an article about discrimination against the disabled, this
site uses a CAPTCHA device that makes comments inaccessible to
the blind. I'll pass along a quote from my blind friend who
brought this to my attention. "If Mrs. Calabrese wanted to
comment on that article, she couldn't." The US Department of
Justice recently published a NPRM indicating there will be new
regulations enacted regarding website accessibility most likely
due to the pervasiveness of this problem. Please change your
CAPTCHA software to one that is not inaccessible. There are
accessible ones available, for free. "
 
Source:
 
<http://www.wpcva.com/articles/2010/09/30/altavista/news/news17.t
xt> h
ttp://www.wpcva.com/articles/2010/09/30/altavista/news/news17.txt