[nagdu] Chinese Restaurants.

[Deanna Lewis]

Marion,
Thank you so much! I will be going back to this restaurant soon and I will let you know how it goes. I feel a lot more informed about my rights now than I did back then. 
Deanna

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala
Sent: Monday, April 22, 2013 10:39 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Chinese Restaurants.

Deanna,
    In order to restrict a service dog, the entity must demonstrate that the dog poses a direct threat to the health or safety of others that cannot be eliminated by a reasonable modification of policies, practices, or procedures. This is known as "an affirmative defense". It means it is their responsibility to prove it does, not yours to prove it does not. The Food & Drug Administration (FDA) has rules restricting service dogs from areas of food preparation. A buffet is not an area of food preparation but of food service. It is no different from a cafeteria service except that the individual serves themselves. Ohio has criminal remedies for denial of service to disabled individuals accompanied by service dogs. If they do not comply with the law, file a complaint.
Fraternally yours,
Marion


----- Original Message -----
From: "Deanna Lewis" <DLewis at clovernook.org>
To: <nagdu at nfbnet.org>
Sent: Monday, April 22, 2013 9:32 AM
Subject: [nagdu] Chinese Restaurants.


> Good Morning all,
> I have had some bad experiences in Chinese Restaurants since having a 
> guide dog. Most of the time, the restaurant is very good about the dog. 
> But, every once in a while you get people who just do not understand what 
> a guide dog does.
> So, there is this one restaurant that is a Chinese Buffet that is close to 
> where I live. I went to it a few years ago with Pascal and my friend. As 
> soon as we walked in, the lady said, "No dogs." I simply explained that he 
> was a guide dog. She seemed to understand, but then she said that he could 
> come in, but had to stay at the table and that I could not take him to the 
> buffet. At the time, I did not know if this was legal or not. Also, it was 
> a new restaurant and I did not feel comfortable sending my friend to the 
> buffet to serve me. So, we just left, and I have not been back there yet.
> Since then, I have taken my dog to many American food buffets, and they do 
> not have a problem with my taking him to the actual buffet. I also took 
> him to a different Chinese Buffet and had no problems.
> So, my main issue is this, I want to try to go back to this Chinese buffet 
> and see what happens. After all, it has been over 3 years and I hope that 
> since then they have had many more guide dog teams come in. What should I 
> do if they say the same thing? Have you all ever experienced similar 
> discrimination? What would you do in this situation?
> Thank you for any advice.
> Deanna and Pascal
>
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