[nfbmi-talk] Restaurant ordered service dog to lobby

Wed Nov 9 18:00:00 UTC 2011

Yes, But then again one would think that the Michigan Commission for the 
Blind would know something about the obligation to remit accessable 
information in a timely manner to all program participants too...Sad 
smile...
----- 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 12:34 PM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby


> 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
>>>
>>> --
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