[nfbmi-talk] Restaurant ordered service dog to lobby
joe harcz Comcast
joeharcz at comcast.net
Wed Nov 9 18:55:29 UTC 2011
Would you mind carifying this Larry? could you give me some more details?
----- 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 1:16 PM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby
> 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
>>>>> _______________________________________________
>>>>> 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
>>>
>>>
>>> _______________________________________________
>>> 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
>
>
> _______________________________________________
> 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
More information about the NFBMI-Talk
mailing list