[nfbmi-talk] Restaurant ordered service dog to lobby

Wed Nov 9 17:37:03 UTC 2011

Aggreed!
----- Original Message ----- 
From: "Fred wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Wednesday, November 09, 2011 12:16 PM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby


> Hi Larry,
>
> You may wish to contact the reporter and check in as the -Michigan Guide 
> Dog
> consumer group.  Just a thought.  This would rais our profile as an
> authority on Dog Guides in Michigan.
>
> Warmest Regards,
>
> Fred
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of Larry D. Keeler
> Sent: Wednesday, November 09, 2011 12:08 PM
> To: NFB of Michigan Internet Mailing List
> Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby
>
> I figured you'd get this soon.  I've been talking about this with MAGDU 
> for
> two days!  I've made the interesting observation that this place is in ACB
> territory for what its worth.
> ----- 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
>>
>> --
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