[nagdu] Hooters Denies Access To Service Animals

Vanessa Lowery vlowery at dhr.state.md.us
Mon Aug 6 20:11:11 UTC 2012


Cporrect.  It also did not help that this person's letter jsut rambled all over the place.  Granted, she needed to be served by Hooters staff, but she needed to calm down before writing the letter of complaint.

Regardless, however, I hope that the problem is appropriately resolved.



Vanessa Lowery, LGSW
Adult and Community Services Division
Adult Services Screening Unit
410-853-3550
VLowery at dhr.state.md.us


>>> "Marion Gwizdala" <blind411 at verizon.net> 8/4/2012 7:56 PM >>>
Though this incident is really upsetting and I am Hopeful Hooters will make 
it right. However, for an advocate and a para legal, this person doesn't 
have a full understanding of the law. Her comments that her service dog has 
more rights than humans and that service dogs cannot be turned away are 
inaccurate. Service dogs don't have any rights under the ADADisabled 
individuals have the rights specified under the ADA, including the right to 
be accompanied by a service dog. I also think that such a rant compromises 
the integrity and credibility of the person. Again, I am not condoning the 
incident, only the approach used.

Fraternally yours,
Marion Gwizdala


. The rights are afforded to the individualof
----- Original Message ----- 
From: "Criminal Justice Major" <orleans24 at comcast.net>
To: <Undisclosed-Recipient:;>
Sent: Saturday, August 04, 2012 7:28 PM
Subject: [nagdu] Hooters Denies Access To Service Animals


> WARNING...
> Be aware that the posting I'm putting on the list is intensed, so if you 
> aren't able to handle reading it, feel free to delete.
> After reading this, I feel like I'm going to violently throw up upon the 
> feeling that I get when I know I'm going to have a seizure.
> The left hand side of my head is throbbing and it probably looks as if I'm 
> angry.
> I thought I had some anger management issues, but I think the manager of 
> this place seriously has problems and definitely needs to be arrested for 
> not only violating the ADA but penal codes in California all together.
> I plan on sending this to the attorney general's office undet the US 
> Department of Justice.
> I do hope I can find an email link on the ADA.Gov's web site as well.
> Definitely gives me flashback of how Greyhound treated Odie and I badly 
> four years ago.
> Bibi, husband Dale and son Odie
> Sent: Saturday, August 04, 2012 4:53 AM
> Subject: Hooters Denies Access To Service Animals
> website
> dogheirs.com
> Encounter was between Beverly (Person with a
> disability) and Keesmo (Hooter's Employee).
> Hooters Denies Access To Service Animals
> <http://www.dogheirs.com/bevykona/posts/1564-hoote 
> rs-denies-access-to-service-animals>
> http://www.dogheirs.com/bevykona/posts/1564-hooter 
> s-denies-access-to-service-animals
> THIS IS THE LETTER I SENT TO HOOTERS. IT WILL EXPLAIN WHAT THEY DID TO ME 
> JUNE 23, 2012. BOYCOTT HOOTERS!
> HOOTERS,
> 3541 Truxel Rd,
> Sacramento, CA 95834
> 916-929-9464
> MGR name: Keesmo
> This is Beverly, the person with disability (PWD)
> who experienced the appalling incident with "Keesmo" at your truxel 
> location. started raising his voice saying NEED YOUR PAPERS.
> Of course, since this isn't nazi germany, I had no idea to what he was 
> referring. So I asked him.. "pardon
> me?" he then raised his voice more and appeared to be angry and said "I 
> NEED TO SEE YOUR PAPERS FOR YOUR DOG".
> I said, "I don't have to show you any papers and it's against the law to 
> ask."
> He then proceeded to tell me that anyone can put a vest on a dog and 
> accuse me of being fraudulent with my service dog.
> Let me tell you something. I have had this dog for 5 years. He has saved 
> my life time after time and I do NOT have to explain ANYTHING to your 
> company nor your employee. PERIOD. I told him that I volunteer as a 
> service dog advocate in my county
> and gave him a card with the ADA service dog laws and their 800 number and 
> he wadded it up and THREW iT! Really? THIS is who you want representing 
> your company? Because I have a phone call in to several local tv stations 
> who are interested in covering this ridiculous behavior. The only way to 
> stop it, is to expose the violators of my civil rights. And, since mr. 
> Keesmo liked to brag to me how he NEVER lets service dogs in because 
> people don't have "their papers", I realize that this is NOT the first 
> incident at this store And I am led to believe any if not all of your 
> stores, as well.
> This man is a bigot. He is prejudiced against PWDs and is only too happy 
> to brag about it.
> That is shameful and breaks California penal code 365.5 through 365.7 as 
> well as the federal Americans with Disabilities Act. Your first fine 
> through the DEPT OF JUSTICE will be 55,000.00 if Hooters has never been 
> cited for violating the ADA before. your second fine is 110,000.00 and so 
> on. Then there are punitive damages, bad publicity, court ordered training 
> for your staff, company wide and so on.
> Since I tried to explain the law to him and he belittled me over and over 
> and even called attention to me and tried to get the people at the table 
> nearest the hostess stand involved, I will be filing a federal complaint.
> I had called 911 because I was so afraid. he was so aggressive, that even 
> when my husband, who was clearly upset at being called a liar, went 
> outside, Keesmo got a large black man to come with him and then he hit 
> (Keesmo hit) the door so hard, running after my husband, that he broke the 
> security bar on your door and it hit the ground.
> He then had the audacity to scream YOU BROKE MY DOOR, when my husband was 
> 15 feet away from the door.
> Really? You hire ex cons or felons or simply gang members to manage your 
> stores? His bringing this large man was clearly racially motivated and 
> shows his intent to possibly harm my husband.
> Because once he went outside, he kept sarcastically saying "You're a real 
> nice guy" to my husband, trying to goad him on.
> I was still indoors, on the phone with the police and I couldn't hear the 
> 911 operator because Keesmo was yelling so loud.
> seriously. This is how you train your employees? And it is HOOTERS 
> responsibility to train him properly. This is why you will be fined and 
> not him.
> By the way. I can still have him arrested under California penal code for 
> violating my civil
> rights under the statutes I referred to previously. They will come to his 
> work, arrest him and he will be taken before a judge and have to pay a 
> fine and possibly serve jail time.
> The ONLY reason I didn't stay and wait for the police (you can find my 
> phone calls to 911 and the the non emergency police number on record) is 
> because I was sick. Too sick to go through this ridiculous interrogation, 
> aggression and accusations.
> I was humiliated to the point of panic. by the time I left, I was in tears 
> and it takes a lot to make me cry.
> a huge concern I have was his body language and gang speak. He repeatedly 
> accused me of
> "disrespecting" him. i asked him how so? and his reply was because you 
> told me you don't have to
> show me any papers. well......... I don't.
> He broke the law and if he's so overly concerned with
> being "disrespected" perhaps he should not be working with the public. He 
> repeated it over and
> over with gang type language and then when he burst out the door with the 
> large man and was
> screaming to my husband, "you disrespected me" i was afraid. I mean it.
> In my head I was thinking "omg, he's going to shoot or otherwise harm my 
> husband". Especially with his "body guard" standing watch.
> Seriously? this is how Hooters  trains its MANAGERS to act?
> My husband asked the other man if he even knew why he was out there and he 
> said no. He seemed to be soft spoken and confused as to what was going
> on....So the "disrespect" and possible altercation was in Keesmo's head.
> My husband is an IT engineer for the largest medical non profit on the 
> west coast. We are not idiots nor are we gang bangers.
> We are educated, smart and easy going. But sadly, we live in an area that 
> has a lot of gang activity, so we recognize those qualities and speech 
> patterns when we see them.
> As a paralegal, I have seen more things than I ever wanted to in my life. 
> And since I have interviewed all kinds of
> people, I know how to calmly get my point across, which is what I did with 
> Keesmo. He was the angry
> one. I had an answer to each and everyone of his accusations and it 
> obviously "disrespected" him
> and made him angry. Too bad.
> All I did was point out the law and try to educate him on the ADA even 
> though that's your job, not mine. He wasn't having it.
> When I went back inside to get my cane, he was trash talking us to your 
> customers, the staff and
> so on. When he saw me he rushed back to the door to berate me some more 
> and this time he had an
> evil little smirk on his face. He then proceeded to point to the people at 
> the table nearest me and try to bring them in on this.
> I am disabled. It is a FEDERAL violation to draw attention to that or 
> belittle me because of it. Keesmo didn't care. All he wanted to do was 
> "win". How sad.
> Then he proceeded to say, "Well I believe your dog is a real service dog 
> because you didn't back down." Wait. This was a contest? To see if I would 
> stick to my guns before I could be seated?
> how appalling and insulting! Then he also bragged again about running off 
> PWD with dogs because they don't carry "their papers".
> He admitted that maybe i was right about not needing papers to carry with 
> us but insisted that "even though the law says I don't have to, HE thinks 
> I should and so should everyone else with a service dog" "to avoid this 
> problem in the future". I have to laugh.
> So all this hassle and me giving him the law and explaining to him how he 
> had broken it over and over meant nothing. Because in Keesmo's mind, 
> Keesmo can make up his own laws and isn't intimidated or can't be bothered 
> with the truth or actual laws.
> And during these last moments of our conversation, when I was trying to 
> explain to him how he was opening himself up to being arrested and fined 
> and costing your company a lot of money, he rolled his eyes, smirked and 
> said he could afford it.
> Ok then. So be it.
> He doesn't care if you get sued or he gets arrested as long as he gets to 
> run off disabled people.
> While I was talking, he kept screaming at me and interrupting me.
> I finally said, look, I have 6 children and you are probably young enough 
> to be one of mine. Will you please
> let me finish my sentence before you start talking?
> He rolled his eyes once again and smirked. He then stated he was 36 years 
> old and knew a lot.
> I have no idea what that had to do with anything but I let him finish his 
> arrogant rant.
> When he was done, i said, may I speak now? so I explained to him that I 
> was actually trying to help him as well as other disabled people who may 
> try to come to Hooters with a service dog.
> All he did was interrupt me more and say "well last week someone came in 
> and I know it wasn't a service dog...blah blahblah blah"
> I told him "that has NOTHING to do with me and if you doubt they have a 
> service dog and that they are lying, call the police and report them." 
> There are stiff penalties for "fakers", too. And I have reported fakers 
> myself! It makes it difficult for those of us who need our dogs when 
> others lie.
> But i digress. To interrogate me for 30 minutes, berate and belittle me, 
> try to start a fight with my husband, humiliate me in front of staff and 
> the entire restaurant and cause me to have to wait too long to eat is not 
> only in violation of many laws, but just plain inhumane.
> Why would one human being want to treat another so poorly? Did he feel 
> like he was proving something to all those beautiful ladies? Or the 
> clientele?
> Did it make him feel big because he humiliated me in front of all those 
> people? Does being a bully come within his job description?
> When he told me he "believed" my dog was "real" because I stood my ground, 
> it made me want to vomit. I told him, "How many people with "real" service 
> dogs do you think you have run off, simply because they didn't want the 
> confrontation and don't even know what you are talking about when you ask 
> for "papers"? He just smirked. I don't find it remotely amusing, myself.
> And I told him the reason i did stick to my guns was because of all those 
> other disabled people out there that have PTSD, or have been humiliated by 
> him or simply don't have the health to put up with his embarrassing 
> behaviour.
> I reminded him that I am an advocate. I  don't even think he knows what 
> that means. I help people with access issues so how hypocritical would it 
> have been for me to simply walk away?
> The only reason I left is because my husband saw me getting sicker and 
> sicker and made me leave.
> I even told Keesmo, I was trying real hard not to pass out and if I did, 
> not to touch me. He didn't even offer me a glass of water. He didn't even 
> care that i was fading fast. THIS IS HOW YOU TRAIN YOUR PEOPLE? Actions 
> like what I experienced in your restaurant is why people with disabilities 
> (PWD) don't go anywhere very often. Would you?
> If you never knew if someone would attack you at a restaurant or 
> interrogate you, would you want to go anywhere?
> What if I was in a wheelchair (which I am many times because of an 
> illness) and he started to ask me for my papers to prove that I needed 
> that chair.
> Like he said anyone can put a vest on a dog "anyone can sit in a 
> wheelchair".
> My dog's vest is a service dog vest, but the law doesn't require him to 
> wear one. It's clearly
> marked as to avoid issues such as this. It was apparently a waste of 
> money.
> And just so you know, there are NO papers required of service dogs. I 
> suppose if you have a program trained dog, they have a little certificate 
> for you to hang on your wall, but there is no "paper" required.
> I personally have my dog registered with my county and he has a service 
> dog tag. It cost me 55.00 and is not required on any level.
> My dog has to be licensed just like a pet. But service animals are NOT 
> pets. I don't have to pay a deposit when I rent a place to live, he flies 
> with me free of charge, the airlines have to seat me in bulkhead to 
> accommodate his size, I ride trains, buses, ferries, all for free.
> If someone kills or harms a service dog, it's a 10,000.00 fine, last time 
> I checked. So it's serious! My dog is allowed places where humans can be 
> turned away. He has federal rights that humans do not have. You can tell a 
> human to leave a business but not a service dog unless he's acting up. 
> Even if he barks in your establishment, and it's because he's warning me 
> that I am in trouble, you cannot make him leave. He must be well trained 
> and behave properly. He is. He is my lifeline.
> So just like you wouldn't turn away a wheelchair (I hope) or someone using 
> oxygen, you cannot turn away a service animal.
> Oh one more thing Keesmo said. he told me he's even turned away blind 
> people with fake canes. having him as an employee is going to get you 
> sued. He REALLY questions blind people as to if they are really needing 
> their white canes? And how does he know they aren't blind. Does he hold up 
> fingers and ask how  many? Why DOES HE WORK FOR YOU? When he said that to 
> me, I was speechless. honestly, I couldn't think of anything to say in 
> reply. Who does he think he is? Fake blind people.... Wow. I am in a 
> community for people with service animals and other disabled people.
> I have already relayed my experience to them. Each of them has their own 
> community and this story will spread like wildfire.
> I also have other newsletters and accounts and will warn PWD not to bother 
> coming too hooters as they are not PWD friendly. And for my blind 
> friends... well, i guess they will have to have a note from their 
> physician if they want to come inside.
> I cannot explain to you how sick this makes me feel. It is a violation of 
> our civil rights and just as bad as any other hate crime. It's bigoted and 
> unacceptable.
> I intend to do everything in my power to make sure it never happens again 
> and I would hope you would, too.
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