[nagdu] Restaurant ordered service dog to lobby

Tue Nov 8 21:24:54 UTC 2011

Larry,
    Do we have any guide dog users on that side of the Wolverine State?

Marion


----- Original Message ----- 
From: "Larry D. Keeler" <lkeeler at comcast.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, November 08, 2011 3:56 PM
Subject: Re: [nagdu] Restaurant ordered service dog to lobby


> 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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>>>
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>>>
>>>
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>>>
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>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Comment Privately
>>>
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>>
>>
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