[blindlaw] Fw: service refused at McDonalds

[Rod Alcidonis]

There is no evidence to support assault under either a criminal theory or a 
civil one in this situation. She was not in fear of anything.

Rod Alcidonis
Criminal Defense Clinic Student Attorney
Juris Doctor Candidate, 2009.
Roger Williams University School of Law
10 Metacom Ave., Box: 9003
Bristol, RI 02809
Cell: 718-704-4651
Home: 401-824-8685

----- Original Message ----- 
From: "Michael Fry" <mikefry79 at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, November 11, 2008 7:38 PM
Subject: Re: [blindlaw] Fw: service refused at McDonalds


> *I think, sue McDonald's under a theory of Respondeat superior for 
> Negligent
> Infliction of Emotional Distress, or there are probably analogous state
> provisions to 42 USC s 1983 that may be applicable to discrimination 
> against
> the disabled.*
> **
> *Common law criminal assault is fear of an unwanted touching, no physical
> contact is necessary.  The elements of civil assault in Texas case law
> probably does not require physical contact.  I think it's doubtful that
> physical contact is necessary to maintain a civil suit for assault.  *
> *  *
>
> On Tue, Nov 11, 2008 at 2:23 PM, Cameron Gray <
> dallasfortworthlawyer at yahoo.com> wrote:
>
>>
>>
>> If we do not lay out ourselves in the service of mankind, then whom 
>> should
>> we serve? - John Adams
>>
>>
>>
>> ----- Forwarded Message ----
>> From: Cameron Gray <dallasfortworthlawyer at yahoo.com>
>> To: Blinglaw at nfbnet.org
>> Sent: Tuesday, November 11, 2008 4:20:49 PM
>> Subject: service refused at McDonalds
>>
>>
>> Listmates:
>> I have a client who was asked to leave a McDonalds because the manager 
>> felt
>> that her dog was too big and a possible threat to other customers.  When 
>> she
>> tried to explain that her dog was trained and licensed, the manager kept
>> saying in a loud voice "OUT OUT OUT, GET OUT".  Needless to say this was 
>> a
>> very traumatic experience for my client and she has been under the care 
>> of a
>> physician since it happened.  She has trouble sleeping and problems with
>> anxiety.
>> At first impression this seemed to be an ADA, Title II case.  However, 
>> the
>> prospective defendant has apologized and the manager has been fired.  No
>> injunctive relief needed.  Can anyone help me with a viable theory to sue 
>> in
>> state court?  An assault perhaps?  Problem is that the manager never 
>> touched
>> her.  Any comments will be appreciated.
>> Cameron Gray,
>> Attorney at Law
>> Grand Prairie, Texas
>>
>> If we do not lay out ourselves in the service of mankind, then whom 
>> should
>> we serve? - John Adams
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