[nagdu] Restaurant ordered service dog to lobby

Tue Nov 8 19:37:33 UTC 2011

Julie,
    Although a cash fine would be good, incarceration would be even sweeter 
in this case!

Marion


----- Original Message ----- 
From: "Julie J." <julielj at neb.rr.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, November 08, 2011 11:46 AM
Subject: Re: [nagdu] Restaurant ordered service dog to lobby


> What I think would work even better is rounding up every service/guide dog 
> user in a 100 mile radius and going together to eat there.  Of course 
> having along a news reporter makes the event that much more memorable.
>
> And I agree there need to be cash fines for this sort of behavior.
>
> Julie
>
>
> On 11/8/2011 10:27 AM, Brenda wrote:
>> This is one of those times when I wonder if picketing and encouraging the 
>> public to boycott would work.  Maybe the local citizens could be 
>> encouraged to boycott this establishmebnt every Friday and tell the 
>> manager WHY.
>>
>>
>> On 11/8/2011 11:01 AM, Buddy Brannan wrote:
>>> Hi Dan,
>>>
>>> IMO, the time for being nice and educating is long past. It's time we 
>>> start to insist that some teeth be put into the laws that protect our 
>>> rights. Unfortunately, the only thing some people understand (including, 
>>> it would appear, this manager) is something that hits them in the 
>>> pocketbook. It's pretty clear to me that she even knows she's in the 
>>> wrong and doesn't care, as she wouldn't give her name even to back up 
>>> her stance.
>>> -- 
>>> Buddy Brannan, KB5ELV - Erie, PA
>>> Phone: (814) 860-3194 or 888-75-BUDDY
>>>
>>>
>>>
>>> On Nov 8, 2011, at 10:50 AM, Dan Weiner wrote:
>>>
>>>> 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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>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
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>>>> Source:
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>>>> dog-to-lobby
>>>>
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