Denial of Service

46,006 Views | 282 Replies | Last: 9 yr ago by Slocum on a mobile
dgonzo99
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Didn't this happen several years ago at Freebirds, and the management ended up making a public apology?
originaltexan
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One day all of us will suffer from an ailment. Or,perhaps a loved one will. When you, or loved one, is discriminated against, turned away, or mocked, read this thread as a reference.

Scolding a blind woman...simply sick. Should she have bowed her head and meandered back to her car? No way! She fought back.


Regarding PR and damage control, I would have hosted a dinner and invited the blind from the area. The media and people would have nothing to talk about and the saga would have a happy ending.
techno-ag
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AG
quote:
But, if you own a business you better know the law and again denying service to a handicapped person with a service animal is a punishable misdemeanor. What is wrong with her reaction? She called the police to help solve the illegal service denial and she talked about her experience to inform others. Don't even tell me most of you wouldn't do the same thing. I have seen the Aggieland/MYBCS board lose their minds over a lot less.

Exactly. She did absolutely the right thing in reporting this crime to the police. How many times have people been encouraged to call over much smaller issues like solicitations in south CS neighborhoods?

This was a real crime, and a disabled person was wronged. Taking it to social media was the right thing to do also. Businesses that treat disabled people this way deserve all the negative publicity they get.
PS3D
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I'm kind of reminded of this sketch where being disabled somehow doesn't make you the sympathetic one.
dfphotos
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quote:
This was a real crime


Gimme my sandwich!
rhoswen
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AG
Literally no one is saying a disabled person should have been denied service. We're just saying there was probably a better way to handle it. If STILL nothing? Sure, go to the news.
TexasAggie_02
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AG
quote:
Literally no one is saying a disabled person should have been denied service. We're just saying there was probably a better way to handle it. If STILL nothing? Sure, go to the news.
this. our society has reached a point to where the nuclear option (media lynchings) is the first and only option.
W
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AG
sometimes people with disabilities get used to getting the VIP treatment wherever they go --- and thus entitlement issues can develop.

we see this occasionally with veterans and first responders --- they are used to getting praised and sometimes getting special perks --- and when they don't get it...
originaltexan
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Glad the list is growing. Vets, first responders and blind people...lets give more insults today. If we can add anyone else to the list, lets give them some insults. Maybe adopted kids?
dfphotos
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The truth is not insulting.
Fonzie Scheme
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AG
quote:
Glad the list is growing. Vets, first responders and blind people...lets give more insults today. If we can add anyone else to the list, lets give them some insults. Maybe adopted kids?
What is your problem? Because someone questions whether this woman properly handled the situation, anyone who does so is discriminatory? That's pretty illogical.
95_Aggie
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AG
quote:
How many times have people been encouraged to call over much smaller issues like solicitations in south CS neighborhoods?
Yes, because potential thieves scoping out your property for a future robbery or theft is definitely less important.

You folks are blowing this WAY out of proportion ... although why should I be surprised.
Tariny
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Wow, I am just completely and utterly gobsmacked. I'd be willing to bet a lot of money (that I don't have) that anyone with a disability would gladly give up their "special treatment" if it meant they would never need this "special treatment" again.

Maybe going to the media right away was not the best answer, but if she did ask to speak to the manager, then she did at least try to not have to take it that far. Would a public apology at this point really be that big of a deal if it was going to save some business?

Some of you may want to read your comments again, because I think if you put yourself in the place of a person with a disability and then see what you said, you might be surprised how heartless it sounds.
Anna Molly
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quote:
Literally no one is saying a disabled person should have been denied service. We're just saying there was probably a better way to handle it. If STILL nothing? Sure, go to the news.

She was denied access by the hostess.
Went to the manager...denied.
Called the police...denied.

What ELSE was she supposed to do? As a result of her putting this on social media, there are a whole lot of people talking about access for disabled people, and I'm sure many more people are aware of ADA requirements than there were last week. How many of us knew, prior to last week, that ONLY dogs and miniature horses are approved as service animals, and "emotional support" animals aren't covered under ADA?

What would be more effective than a boycott - again, just my opinion - is to have disabled people, their service animals, and companions - go to Martha's Bloomers Caf - really, any restaurant - for a meal in large numbers, and keep the conversation going in a positive, constructive manner.
TexasAggie_02
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AG
  • take her business elsewhere
  • better business bureau
  • meet with owner
  • find out if there is somewhere to file ADA complaints
  • Media lynching
Anna Molly
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Fair enough. Still think Martha's Bloomers Caf handled the situation poorly. The blind woman can still take all of the other actions you mentioned.

(Edit: why do I keep losing the e on the end of caf? c a f e)
95_Aggie
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AG
I'll venture to say that before this incident, 99.99% of the people on this board didn't give a second thought about guide dogs being allowed in restaurants. Now all of a sudden we have to assemble an angry mob on social media and make sure the owner is strung up from the highest tree or no one will get their due vengeance.
Frio Cielo
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The manager, regardless of whether she/he knew the laws, handled it totally incorrectly When a blind person comes in with a dog, she/he should have just said, Glad to have you and then seat them off to one side in as remote a table as reasonable. I can't imagine any other diners would object to a seeing eye dog in that small caf.

When the handicapped person finishes, comp their meal and you would get a big smile and a person that will brag about their treatment for the rest of their lives.

A satisfied customer is you best marketing tool and a disgruntled one is your worst.


dachsie
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Hopefully the Navasota police are also reviewing their knowledge of the ADA as well.
Charli
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The American with Disabilities Act was signed into law July 26, 1990.

The Department of Justice established Service Animals Guidelines on March 15, 2011.

MB and the Navasota Police Department has had plenty of time to catch up to the rest of the nation.
dachsie
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quote:
Hopefully the Navasota police are also reviewing their knowledge of the ADA as well.
Guess I called it

http://www.kbtx.com/home/headlines/Navasota-Police-Investigating-Blind-Womans-Case-of-Discrimination-305402731.html
techno-ag
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AG
quote:
Some of you may want to read your comments again, because I think if you put yourself in the place of a person with a disability and then see what you said, you might be surprised how heartless it sounds.
etj77845
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quote:
I'll venture to say that before this incident, 99.99% of the people on this board didn't give a second thought about guide dogs being allowed
in restaurants.
Definitely , I see a guide dog and assume he/she are where they are supposed to be. Have flown with guide dogs, they are better behaved and less obtrusive than some children.

With BVCIL's help Navasota PD will take a small step into the 21st C. One can only hope Martha's Bloomers will do so as well. Visited BVCL's webpage and they offer to act as educators to many folk.
StringerBell
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AG
i'm a parent of a child with disabilities and this thread is eye opening regarding how folks with disabilities are sometimes viewed.
Tailgate88
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quote:
Didn't this happen several years ago at Freebirds, and the management ended up making a public apology?
I do not recall this, but if it happened, the irony is hilarious considering my dogs are better groomed than some of their employees.

Great burritos though!
Post removed:
by user
laavispa
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Don't get the "investigating" issue at all. The Texas law on service animals is pretty clear:
Sec. 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION. (a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates a provision of
Section 121.003 commits an offense. An offense under this subsection is a misdemeanor punishable by:(1) a fine of not more than $300; and(2) 30 hours of community service to be performed for a governmental
entity or nonprofit organization that primarily serves persons with
visual impairments or other disabilities, or for another entity or
organization at the discretion of the court, to be completed in not more
than one year.
(b) In addition to the penalty provided in Subsection (a), a person, including a
firm, association, corporation, or other public or private
organization, or the agent of the person, who violates the provisions of
Section 121.003 is deemed to have deprived a person with a disability of his or her
civil liberties. The person with a disability deprived of his or her
civil liberties may maintain a cause of action for damages in a court of
competent jurisdiction, and there is a conclusive presumption of
damages in the amount of at least $300 to the person with a disability.


There are criminal and criminal actions possible in this case.
Scruffy
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AG
I can see civil, but the fact it's criminal?!

As has been stated before, we all commit on average 3 felonies a day.
laavispa
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Scruffy

It's only a Class C Misdemeanor , like my last speeding ticket.
Scruffy
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AG
Still. I don't see a need for the criminal side.
While I think the service dog/animal thing is out if control and too many claim theirs is one, a seeing eye dog (guide dog) is pretty obvious and needed.
Maybe the staff and management never watched Sesame Street or mr Rodgers and thus never were exposed to or made aware of the sight impaired and their dogs.

That said, in my opinion, I think calling NPD was an unnecessary escalation as was the social media attempted lynching. Is any restaurant worth having the police force them and fine them into serving you? I wouldn't eat there.

Instead I would (as she claims to have done) tried to explain, calmly) what the law is. Once that doesn't work, leave and contact whoever is I charge of ADA and let them write/inform the management of their error.


tl/dr:
Both sides made mistakes and this could have been handled better.
techno-ag
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AG
quote:
Still. I don't see a need for the criminal side.
While I think the service dog/animal thing is out if control and too many claim theirs is one, a seeing eye dog (guide dog) is pretty obvious and needed.
Maybe the staff and management never watched Sesame Street or mr Rodgers and thus never were exposed to or made aware of the sight impaired and their dogs.

That said, in my opinion, I think calling NPD was an unnecessary escalation as was the social media attempted lynching. Is any restaurant worth having the police force them and fine them into serving you? I wouldn't eat there.

Instead I would (as she claims to have done) tried to explain, calmly) what the law is. Once that doesn't work, leave and contact whoever is I charge of ADA and let them write/inform the management of their error.


tl/dr:
Both sides made mistakes and this could have been handled better.
I disagree both sides made mistakes. The restaurant was clearly in the wrong here. The disabled lady did nothing wrong.
laavispa
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quote:
Instead I would (as she claims to have done) tried to explain, calmly) what the law is. Once that doesn't work, leave and contact whoever is I charge of ADA and let them write/inform the management of their error.

AND the agency in TEXAS to contact is the local LE. She did that and found them to be as ignorant as the MB people. AFTER LE was contacted THEY should have cited and let the local courts decide...
Mr. Griswold
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I've been in LE for 10 years and have never received training on ADA laws. For what it's worth.
unmade bed
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I don't really blame the PD. Police are constantly called out to mediate what should otherwise be civil matters, so I'm sure they are used to deferring to the civil process in cases like this, especially the front line officers. I really don't think they need to spend a whole bunch of time training up on ADA laws. I realize there are criminal penalties for violations and the restaurant clearly violated the law, so if the police want to write a ticket after the fact, that's fine, but I don't expect the average patrolman to show up and force a business to comply with the law. If the business doesn't want to they are subjecting themselves to criminal and civil liability.

Anyway, obviously the restaurant screwed up. I hope they learn from it. I think the ADA is a good law, but the sheer amount of laws/codes/regulations that businesses subject themeselves to by attempting to do business in this country is more than a little burdensome especially on a small business, so I'm willing to give them the benefit of the doubt. Now if the business continues to make a practice of denying service to people, then by all means lynch away.
originaltexan
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..
 
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