[nagdu] Virginia restaurant investigated by DOJ

[Eggmann]

While we may have the law on our side most of the time, remember that filing 
a complaint with transgressors may give problems, like it or not.

I launched a complaint against a restaurant about 20 years ago and won a 
$400 settlement.  My willing witness was certainly not in flavour of going 
backto that particular restaurant and made the obvious but all to often 
overlooked observation, "no way, the guy will probably spit in our food." 
There is no protection and/or guarantee against such malicious and spiteful 
types.

Doug Parisian
My dog can lick your dog; and you too!
4-951 Westminster
Winnipeg, MB R3G1B7
204 231 4813
Email: eggmann at mts.net
----- Original Message ----- 
From: "Ginger Kutsch" <gingerKutsch at yahoo.com>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Friday, October 01, 2010 09:11
Subject: [nagdu] Virginia restaurant investigated by DOJ


> 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
>
>
>
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