[nagdu] Restaurant ordered service dog to lobby

Thu Nov 10 23:46:01 UTC 2011

Wow.  I do hope this proprietor gets a fat juicy fine from the feds, grrr. 
A similar thing happened to me while patronizing a liquor store.  I was told 
I couldn't bring my dog in there.  I let other people with disabilities know 
they shouldn't frequent that store, and I let the proprietor know I would do 
this and he'd lose a lot of revenue if he didn't serve those with service 
dogs.
Best,
Nat and Liam Joshua

----- Original Message ----- 
From: "Ginger Kutsch" <GingerKutsch at yahoo.com>
To: "NAGDU Mailing List,the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, November 08, 2011 8:42 AM
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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> dog-to-lobby
>
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