[nfbmi-talk] Restaurant ordered service dog to lobby
Larry D. Keeler
lkeeler at comcast.net
Wed Nov 9 18:16:16 UTC 2011
Whell, there is that! And you would also think they wouldn't advise you not
to take your dog to a job seminar but they did! Holly came anyway!
----- 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 1:00 PM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby
> 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
>>>>
>>>> --
>>>> 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
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