[nagdu] Restaurant ordered service dog to lobby

Natalie nrorrell at qwest.net
Fri Nov 11 00:01:22 UTC 2011 

Hi Marion,
Agreed.  Or even a fat juicy fine from the feds along with incarceration, 
and God willing, she lose her eyesight herself, evil grin.
Best,
Nat and Liam Joshua

----- 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 12:37 PM
Subject: Re: [nagdu] Restaurant ordered service dog to lobby


> 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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>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Comment Privately
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Comment to 24 Hour News 8
>>>>>
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>>>>> Comment>
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