[nagdu] Restaurant ordered service dog to lobby

Tue Nov 8 20:56:15 UTC 2011

Its on the other side of the state from me or I would!
----- Original Message ----- 
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, November 08, 2011 2:35 PM
Subject: Re: [nagdu] Restaurant ordered service dog to lobby


>I would like to see a NAGDU member go to this restaurant and file a 
>criminal complaint aginst the manager. Violation of Michigan's access law 
>is a second degree misdemeanor.
>
> Fraternally yours,
> Marion
>
>
>
> ----- Original Message ----- 
> From: "Dan Weiner" <dcwein at dcwein.cnc.net>
> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
> <nagdu at nfbnet.org>
> Sent: Tuesday, November 08, 2011 10:50 AM
> 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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>> http://www.woodtv.com/dpp/news/local/kent_county/Restaurant-ordered-service-
>> dog-to-lobby
>>
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