[nagdu] Restaurant ordered service dog to lobby

[Dan Weiner]

Now that was funny, Rebecca.

Well, I just feel positive that that restaurant manager would give one of us
guide dog users a hard time.
And the spokeswoman for the Disability Rights Commission is dead-on when she
says that the penalties need to be stiffened.
I always get on a soap box when this subject comes up, guys, so I apologize
in advance.
If penalties were swift and binding, like a traffic ticket, this type of
thing would fade in to insignificance.


Dan the man, Carter the dog nut

 

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Pickrell, Rebecca M (TASC)
Sent: Tuesday, November 08, 2011 10:57 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Restaurant ordered service dog to lobby

Where's Tony Suprano when we need him

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Dan Weiner
Sent: Tuesday, November 08, 2011 10:50 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Restaurant ordered service dog to lobby

I would like to see that restaurant go out of business.

Dan



-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Ginger Kutsch
Sent: Tuesday, November 08, 2011 10:42 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: [nagdu] Restaurant ordered service dog to lobby

Restaurant ordered service dog to lobby



Frank Eckl goes everywhere with Spruce

Published : Monday, 07 Nov 2011,

 By Leon Hendrix

CASCADE TOWNSHIP, Mich. (WOOD) - Frank Eckl and his family -- including his
service dog -- went to dinner Saturday night at Don Julio's restaurant in
Cascade Township. But the manager said the dog had to stay in the lobby.



Eckl told 24 Hour News 8 he takes the dog with him wherever he goes. He uses
the dog because of a disability he has that causes occasional seizures. When
he's alone, it's his service dog Spruce that calls for help and helps him
get up if he's fallen to the ground.



He said he's never had a problem bringing Spruce with him since the law
allows it.



But the manager at Don Julio's wouldn't allow the dog in the dining area.



"She [the manager] said we were more than welcome to stay, but patrons in
the restaurant and the manager didn't want dog hair in the restaurant," he
said. "I was shocked that we were asked to have the dog leave and we could
stay."



The manager-on-duty admitted they insisted the dog stay in the entrance way
to the restaurant, and that she would make the same request it again. She
said patrons at the restaurant complained about the dog and that some opted
to leave because of sanitation concerns.



"I asked for him to bring the dog out to the main entrance to the lobby,"
the manager said. She refused to provide her name to 24 Hour News 8. "I
didn't ask for him to take his dog back home, to take his dog to the car or
leave him outside in the middle of the parking lot at all."



Eckl and his family simply left the restaurant and went to the IHOP
restaurant next door, where they were welcomed with Spruce.



Others that use service dogs have been asked to comply by the same rules
without complaint, the manager at Don Julio's said.



"I can't keep every customer happy," she said, adding that she was aware
that Spruce was a service dog but didn't realize it was Eckl who used him.



"I knew it was not for him. He didn't tell me the service dog was for him...
He wasn't clear to me either."



Jocelyn Dettloff, a representative for the Disability Advocates of Kent
County, said the violation is more serious than unhappy customers.



"That's insane!" Dettloff said. "I mean, who would say that you have to
leave your cane or your mobility device at the door. People who rely on
service animals -- it's the exact same thing."



But Dettloff says there is a problem with the laws prohibiting
discrimination against the disabled because they are rarely enforced. The
most someone like Eckl can do, she said, is file a complaint that could take
more than a year to get attention. Even then, she said, there is no
punishment for establishments that break the law.



Eckl could file a civil lawsuit as well, Dettloff said, but he would not
likely be awarded damages.



"The law definitely needs some sort of stricter enforcement," she said.
"There is no strict enforcement like the health department or the fire
department."



Eckl says he isn't seeking monetary damages and doesn't really want anything
from Don Julio's, other than an apology and training for its staff.



"I'm not out for malice here," he said, adding that he wouldn't go back to
the establishment again.



The manager at Don Julio's said she stands by her actions and would do the
same thing again if Eckl returned.



"I have to," she said. "I can't have any kind of animal be around food. It's
kinda hard having most of my customers leave out on me because of one
customer."



--



Eckl wrote a letter about his experience and sent it to area media and
groups that advocate for the disabled:



To whom it may concern,



This past Saturday, November 4th, 2011, at 6pm, my family and I wanted to
eat at you establishment. This included my wife Karen, and my daughter Lydia
(who happens to have Special Needs.) My Service Dog, Spruce, was with me.
Spruce was wearing her jacket that displays "SERVICE DOG." I have her for
medical needs and she regularly assists me in my daily life.



We entered your restaurant, were seated in the back where no one else was
seated. The gentleman that seated us even turned on lights for us. We were
given menus and served water. It was at this time that a waitress addressed
us and stated: "You can stay but your dog must wait outside." I explained
the public law which states that I can have my Service Dog with me. We were
then told that the manager had complaints about "dog hair" and that a dog
was disruptive to the other patrons. When I said that Spruce stays and helps
me, we were asked to take Spruce out. We then left. Upon calling
authorities, the police stated this was a "civil matter" and to seek
council.



I am an Honorably Discharged (10 yr) USAF veteran, who served his country in
both war and peace-time. It's hard to belief that discrimination such as
this exists today. My disability is due to of my service. The real issue is
no one with a disability should be told they can't have their assistance
with them and then have to leave an establishment.



I find myself with the opportunity to help educate your organization with





the Law and others by making this incident public. I choose not to seek
council, but rather inform you and other organizations of this incident in
hopes that this type of discrimination will not take place again.



>From the ADA: Service animals are animals that are individually trained to
perform tasks for people with disabilities such as guiding people who are
blind, alerting people who are deaf, pulling wheelchairs, alerting and
protecting a person who is having a seizure, or performing "other" special
tasks. Service animals are working animals, not pets.



Under the Americans with Disabilities Act (ADA), businesses and
organizations that serve the public must allow people with disabilities to
bring their service animals into all areas of the facility where customers
are normally allowed to go. This federal law applies to all businesses open
to the public, including restaurants, hotels, taxis and shuttles, grocery
and department stores, hospitals and medical offices, theaters, health
clubs, parks, and zoos.



Michigan Statutes, 1953, Section 750.502c (last amended in 1984 by Public
Act 110)



Michigan statutory law guarantees a blind person the legal right to be
accompanied by a dog guide in harness in all public accommodations and
educational institutions and on all public conveyances. The dog guide user
can be required to produce identification, such as the I.D. card furnished
by the dog guide school from which the dog was obtained.



Public accommodations include trains, buses, taxis, elevators, boats, and
other common carriers...



Violation: Any person who interferes with the above enumerated rights is
guilty of a misdemeanor and therefore punishable under Michigan law...



In acknowledgement of this letter, I ask only for a formal apology and for
you to conduct training with your staff on the Laws concerning customers
with Service Dogs. This is the only compensation I wish to ask of you. This
incident was embarrassing and offensive. I would hope that anyone with a
disability who chooses to dine at Don Julio's would never encounter this
intolerance.



Sincerely,



Frank J. Eckl

















































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All content (c) Copyright 2000 - 2011 WOOD Television, Inc. All Rights
Reserved.

Source:

http://www.woodtv.com/dpp/news/local/kent_county/Restaurant-ordered-service-
dog-to-lobby

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