[nagdu] Restaurant ordered service dog to lobby

Wed Nov 9 13:44:12 UTC 2011

Now you're talking!

Tami

On 11/08/2011 11:37 AM, Marion Gwizdala wrote:
> 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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>>>>>
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>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Comment Privately
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Comment to 24 Hour News 8
>>>>>
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>>>>> Comment>
>>>>>
>>>>>
>>>>>
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>>>>
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