[nfbmi-talk] Restaurant ordered service dog to lobby

Larry D. Keeler lkeeler at comcast.net
Thu Nov 10 12:07:18 UTC 2011


He has sence talked to the President of NAGDU as well.
----- Original Message ----- 
From: "Chasity Jackson" <chasityvanda at charter.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Thursday, November 10, 2011 1:29 AM
Subject: Re: [nfbmi-talk] Restaurant ordered service dog to lobby


> Dear Fred and all,
>
> I looked up this man's phone number and called him at home. I spoke to him 
> and he has since been connected with other resources. If there is anyone 
> on this list who can help him, he gave me permission to give his number to 
> those who could help. He is also in directory assistance listed in Grand 
> Rapids, MI. I hope he can get the help he needs. He seems as though he is 
> uncertain as to what to do next and how far he wants to take it.
>
> Chasity
> ----- 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 11:16 AM
> 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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>>
>>
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