[nfbmi-talk] Restaurant ordered service dog to lobby

joe harcz Comcast joeharcz at comcast.net
Wed Nov 9 17:39:26 UTC 2011


Since this is on the record I will say only this, "I agree..." Smile though 
a sad one.

While, I for personal reasons (which is my choice and right) am not a 
service dog user I have long fought for the rights of legitimate service dog 
users as their civil rights interests and mine are totally intertwined, let 
alone it is just the right thing to do.

What is most glaring in this case is they don't even try to excuse their 
unlowful behavior or violations...You know the usual drill...The dog wasn't 
behaved, or this that or the other thing.

Nope this ignorant and bigoted individual simply stated the act of 
discrimination in the public domain and said it would be done again.

It isn't any different that an arrogent and wilful exclusion of a black 
person from a lunch counter in Missippi or wherever after the enactment of 
the 64 Civil rights Act, using the same argument of customers being 
offended.

Oh, oh, oh....You know I've been ticked ooff before but this is simply 
criminal and I really think, like you assert here such egregious acts of 
oert discrimination should be criminalized.

In fact maybe this person should be locked up simply on the grounds that the 
public health and safety are endangerred by her utter stupidity.




----- Original Message ----- 
From: "Larry D. Keeler" <lkeeler at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Wednesday, November 09, 2011 12:13 PM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby


> Joe, I posted on Nagdu that the manager should be jailed with a guard 
> named Bubba with a vicious guide dog who sheds and bites!  And when the 
> dog is tired of harrassing him them Bubba  can use his nice and flexible 
> white cane on him!
> ----- 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 11:27 AM
> Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby
>
>
>> This is insane and MPAS has this post being in the public domain and the 
>> restaurant can and should be sued right back to the dark ages.
>>
>> Thanks for the post.
>>
>> Peace with Justice,
>>
>> Joe
>> ----- 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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>>
>>
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