[nagdu] Discrimination by Separate Benefit

Tue Dec 2 10:27:57 UTC 2014

Cindy and All,

	So that everyone understands the dynamics of this issue. What
occurred with Cindy is known as "separate Benefit", defined as
discrimination by the Americans with Disabilities Act as follows:

Separate benefit. It shall be discriminatory to provide an individual or
class of individuals, on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing, or other
arrangements with a good, service, facility, privilege, advantage, or
accommodation
that is different or separate from that provided to other individuals,
unless such action is necessary to provide the individual or class of
individuals
with a good, service, facility, privilege, advantage, or accommodation, or
other opportunity that is as effective as that provided to others. (42 USC
12182(b)(1)(A)(iii))

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray via
nagdu
Sent: Monday, December 01, 2014 7:06 AM
To: 'Dan Weiner'; 'NAGDU Mailing List, the National Association of Guide Dog
Users'
Subject: Re: [nagdu] Discrimination

Well, this was what I had thought was the case, that it went away. In her
mind to offer us a place in an unused, isolated section was offering us
service.

Cindy

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Dan Weiner via
nagdu
Sent: Sunday, November 30, 2014 10:19 PM
To: 'Tami Jarvis'; 'NAGDU Mailing List, the National Association of Guide
Dog Users'
Subject: Re: [nagdu] Discrimination

You know I've gotten a lot of people asking for my id lately or my papers
like you.
I explain the matter and it goes away or has so far but I suppose this is a
trend.
It's usually a restaurant and as I walk in--smile.

Dan W.

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tami Jarvis via
nagdu
Sent: Sunday, November 30, 2014 8:46 PM
To: Cindy Ray; NAGDU Mailing List,the National Association of Guide Dog
Users
Subject: Re: [nagdu] Discrimination

Cindy,

Urgh! Glad you're contacting Denny's. The one access issue I had here was at
Denny's, when the hostess asked to see my papers. Huh? I told her the law,
she checked with her manager who confirmed it, and that was that. I also
spoke to the manager once we were seated to ensure their training was in
order. It was annoying and disruptive, and we ended up with a very nice
woman we'd never met before sitting at our table to discuss the matter and
ask me about someone else I don't know and his dog that I don't know
anything about. That seems to happen also with access challenges; suddenly
my privacy is out the window, anyone can ask me anything! Urgh!

Glad the rest of your holiday was good!

Tami

On 11/30/2014 02:53 PM, Cindy Ray via nagdu wrote:
> I hope all had a great Thanksgiving. I did until .
>
> In the afternoon we went to find dessert. We were in Katy, TX, and we 
> tried House of Pies. They were out of any pies we would want, so we 
> went to Dennys. The hostess asked to see my ID for the dog. I told her 
> I wasn't required to show her one. Also, I didn't have it with me. She 
> said, "Oh, OK." So I thought Fisher and I were following, but Fisher 
> had taken his own course. Meanwhile, my daughter, who didn't realize 
> she had lost us, followed the hostess into a dark, not so recently 
> used section. She asked why since there were available families. The 
> hostess said that she didn't want the dog to frighten any of her 
> customers. Then she (my daughter) noted that I was missing. I was 
> standing by a table of people who seemed to be a Muslim family. They 
> had not interacted with me in any way. We left. I don't think it was 
> our best course of action; my daughter's children were there, and I 
> really didn't want to make a big deal scene so much, but I felt I did 
> the service dog users a disservice. I expect to contact their 
> corporate concerning it. Pictures would have been an excellent idea. 
> My
daughter asked if this was Alaama in the 1960s.
>
>
>
> Cindy
>
>
>
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