[nfbmi-talk] Restaurant ordered service dog to lobby

Wed Nov 9 17:34:32 UTC 2011

And a law firm no less!  You'd think they know better!
----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Wednesday, November 09, 2011 11:45 AM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby


> Here's a related item. of course this goes to guide dogs as well and that 
> is without saying...
> Feds Sue Personal Injury Law Firm, Say It Banned Disabled Client's Service 
> Dog From Its Offices
>
> Posted Nov 8, 2011 3:24 PM CST
> By
> Martha Neil
> List of 4 items
> Email
> Print
> Reprints
> Share
> list end
>
> A federal prosecutor has sued an upstate New York personal injury law 
> firm, contending that it banned a client from bringing her service dog 
> into its offices.
>
> A lawsuit filed in White Plains today by the U.S. Attorney's Office for 
> the Southern District of New York says Newburgh-based
> Larkin Axelrod Ingrassia & Tetenbaum
> and one of its partners violated the Americans with Disabilities Act by 
> twice refusing to let a client enter its law offices with her German 
> Shepherd service
> dog,
> Reuters
> reports.
>
> The suit says Lauren Klejmont uses the animal to help her get up when she 
> falls and assist her with tasks such as picking up dropped items, 
> according to
> the
> Associated Press.
>
> It alleges she was told she had a choice of leaving the dog at home or 
> meeting with her lawyer in her car.
>
> "The notion that a law firm and a partner in the firm would so flagrantly 
> violate such a clear and well-established law, as was alleged in this 
> case, is
> disturbing," said U.S. Attorney Preet Bharara in a written statement. "Of 
> all people, lawyers should know better."
>
> The firm declined to comment when contacted by the AP because it had not 
> yet received the complaint in the case.
>
> ----- Original Message ----- 
> From: <trising at sbcglobal.net>
> To: "NFBofMichigan List" <nfbmi-talk at nfbnet.org>
> Sent: Wednesday, November 09, 2011 10:11 AM
> Subject: [nfbmi-talk] Restaurant ordered service dog to lobby
>
>
>> Restaurant ordered service dog to lobby
>> Frank Eckl goes everywhere with Spruce
>> Updated: Monday, 07 Nov 2011, 8:29 PM EST
>> Published : Monday, 07 Nov 2011, 5:33 PM EST
>>
>> 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
>>
>> 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
>>
>> --
>> I am using the free version of SPAMfighter.
>> We are a community of 7 million users fighting spam.
>> SPAMfighter has removed 1400 of my spam emails to date.
>> Get the free SPAMfighter here: http://www.spamfighter.com/len
>>
>> The Professional version does not have this message
>> _______________________________________________
>> nfbmi-talk mailing list
>> nfbmi-talk at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nfbmi-talk:
>> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/lkeeler%40comcast.net