Deaf student files complaint against Sonny's

[rockin'robin]

There's no excuse for any dog to have fleas or ticks if they are service dogs or just pets!....I can see stray animals having them.

As for roaches, I live in Florida, and I don't have any either.....We do have the "Restaurant Report" on TV each week and I watch it, and wouldn't go to a restaurant that was infested with roaches, rats, mice, etc. I also check our the bathroom upon entering a restaurant, and sometimes, can get a glimpse of the kitchen....if the bathroom is nasty, I will leave and not eat there. I also check the waitress' clothes, hands, etc., and the table/seat where I'm sitting, the silverware/plates.

Outside seating or patio seating restaurants, always (mostly) have mosquito traps, lamps, candles, etc. There is no reason for anyone going out to eat having to deal with insects, unless it's a dirty restaurant.

 

[Cheri]

I thought the restaurant abided by the ADA laws. Doesn't it say somewhere in the ADA laws that there must be identification or some sort of proof that the said animal is for service? The restaurant people asked for identification and they didn't produce it... right? Did I miss something?

I'm not positive sure, if not I think they should because people will take advantage of the system if they are not required to carry documents to identify the animal as a service dog. IMO

 

[rockin'robin]

I'm not positive sure, if not I think they should because people will take advantage of the system if they are not required to carry documents to identify the animal as a service dog. IMO

Well said! The ADA laws should be more specific....should require certification, stringent requirements/rules, health record (of the dog), etc., to avoid such "scams" as this!...Service Dogs are NOT sweet, little pets....they are "working dogs".

 

[rockdrummer]

OK, just got done puppy raising for SEGD and I was only denied access 3 times, once to a Mexican restaurant who didn't know the law, once to Food Lion on Merrill Road, who didn't think a 10 week old puppy was covered by the ADA (they are but volunteers trainers/raisers are not...) and once by a restaurant in St.Augustine (Where there is a def/ blind/ deafblind school right there!). I always asked for a manager and we always got the problem resolved that day.

I think its because most people 'expect' to see a Retriever, Lab, Sheppard, Collie, as a service dog, not a seemingly random small dog.

I do know an anxiety dog that is an English Setter, that is about the smallest dog I've ever seen that was actually specifically trained for the job.

I see both sides of this issue- as the coats CAN be bought online these days (which is a disservice to anyone that needs them for a good reason) more and more restaurants are seeing people cheat with their PET dogs.

As far as the story does the dog in question is not covered by the ADA. So I don't know exactly what is going to become of this case.

Also keep in mind that the ADA supports service "animals". Not all service animals are dogs.

 

[rockdrummer]

So cause she claims its a service dog makes it a service dog. Florida law says a service dog can not be a pet, also she broke the law not having the dog on a leash.

The girl was with her hearing mother, brother and friends (not sure if the friends are deaf) she claims she needs the dog to hear people coming from behind and car horn honks, so where does any of that fit into a restraunt. The girl has even been photographed at a tree planting function and did not have her so called service dog, even played sports. She claims she needs the dog her words were "When they take the dog away, they're virtually throwing her out to the wolves"

So why it is a service dog when she wants it to be and then other times it a pet. She can't have it both ways. I feel for the ones who really need service dogs, I am afraid after this stunt they pulled its going to make it harder now on the honest ones.

It is not ours to question her needs. It's is only the business owners obligation to be in compliance with the ADA. If the girl broke a law by not having the dog on a leash then that is a separate issue. The business still has an obligation to conform to ADA.

 

[rockdrummer]

I thought the restaurant abided by the ADA laws. Doesn't it say somewhere in the ADA laws that there must be identification or some sort of proof that the said animal is for service? The restaurant people asked for identification and they didn't produce it... right? Did I miss something?

No. In fact it says just the opposite.

Source: ADA Business Brief: Service Animals

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.

* Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.

* People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.

* A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.

* In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
* Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

* A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.

* Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.

* Violators of the ADA can be required to pay money damages and penalties.

 

[mushbean]

And it also says which I see you left out that service aniamls can not be pets

 

[Maria]

You are comparing oranges and apples. I've worked at restaurants like forever --matter of fact the city health department comes in and performed an inspection to find out if there's any number of violations. if they see a pest problem, they will make owner of the resturant take care of the problem, believe me they're that strict, All restaurants must follow the Health Department rules and regulations. They have the right to shut down restaurants either permanently or temporary until problems are solved.

Yea, my fiance used to own a restaurant before. He told me everything about how it runs. Cleanness is a must for each restaurant. I wouldn't go to any restaurant if, I see filthy and unclean/unhealthy environment.

 

[Babyblue]

Foxy has a leash, but Sadie Sterry usually carries her.

(quoted from the article in the OP)




This is what I question...

Service dogs are usually on a leash. This makes it sound like the dog did not have a leash or a vest.

She was carrying the dog in the restaurant. People are trained that service dogs are on a leash and wearing a vest. For all these people knew. It was just a pet that she was carrying in her arms.

 

[mushbean]

It is ours to question when she is minulipating the system. She claims its a service dog, so since its a service dog why is it she has been sited and photographed out without the dog, not fearing anything and happy. She claims "I feel safer with a dog," her daughter signed. "She can warn me if other people are behind me. If we're in a vehicle, and there are horns blowing.

"If I'm walking on the road, and there are people behind me, she'll alert me to it."

So that says and shows its at her convience. By abusing the purpose of its service its going to end up hurting everyone in the end. Anyone can go out and claim there pet is a service animal.

I am for people rights but not when they are going to abuse or violate what they were put there for.

If Sonnys broke the law as the Sterry's claim then Sonny's should face the punishment, but ask yourself this if Sonny's broke the law why would they be asking for gift certificates. if they broke the law and as Sadie says "I'm embarrassed," she said, signing through her mother. "I have this traumatic feeling it's going to happen again. Being kicked out of a place is humiliating." and emotional pain, suffering and consequential damages she suffered. If all that were true why would you want gift certificates I would think they would never want to go back in that restraunt again after suffering all that.

 

[Babyblue]

"IF" this is true that she misrepresented the dog by not having it on a leash or having a vest on the service dog. Then the girl and her Mom is at fault. Guide dogs are working dogs.

I believe that service dogs are and should be allowed in all public places, A person can not scream discrimination towards the service animal and themselves when the dog was not being presented as one. (Hence) being carried into a restaurant with out a leash.


Leash laws also applies in St Augustine regardless of the size of the dog.

 

[Dixie]

Far as I'm concerned I don't think this girl did any wrong, however, she probably could have helped the situation had the dog been wearing a service dog vest.

Shame on Sonny's! They really need to be educated.

 

[deafskeptic]

I agree with you that the definition of a service animal is not specific enough and there are loopholes that can be taken advantage of, however, in my view, that is not the issue here. The issue is about a business being in compliance with existing ADA laws and regulations. You have very valid points though but I am not sure how one would address them other than going to the ADA and asking for a revision that includes additional specifics and requirements.

Well said.

 

[mushbean]

Why is it you think the girl didn't do anything wrong?. If anything I believe it's the mother who is pushing this whole issue for financial gain. I don't believe Sonnys did anything wrong, why would they pick on her when they have never had a problem before allowing service dogs in. Of all the years they have been in business and the same owner they never had a complaint like this.

 

[Bottesini]

Why is it you think the girl didn't do anything wrong?. If anything I believe it's the mother who is pushing this whole issue for financial gain. I don't believe Sonnys did anything wrong, why would they pick on her when they have never had a problem before allowing service dogs in. Of all the years they have been in business and the same owner they never had a complaint like this.

How do you know that?

 

[FireTiger]

The exact law you are looking for in the FL statues is:

Florida Statute 413.08.htm

Rights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties.--

413.08 Rights of physically disabled persons; use of dog guides or service dogs or nonhuman primates of the genus Cebus; discrimination in public employment or housing accommodations; penalties

Florida Assistance Animal/Guide Dog Laws

*second link better

dog pictures by FireTigeriss - Photobucket

 

[mushbean]

Lets say the same reason you do.

I believe it for the fact of the statements they made and the demands as in gift certificates. Also the fact that Sonnys in all the years they have been in business never turned away a disabled person with service animals. The claims stating how damaged tthe child is now, but after looking at pictures taken by the record and posted shows another pic oh and without her so called service dog.

Why is it when it comes to race its always a black and white issue, and then hearing vs deaf, Why do deaf I am sorry hearing impared always think hearing is out to get them, keep them down, or is it they know we aren't but want us to feel sorry for them and will use there handicap as an excuse for gain.

 

[Bottesini]

Lets say the same reason you do.

I believe it for the fact of the statements they made and the demands as in gift certificates. Also the fact that Sonnys in all the years they have been in business never turned away a disabled person with service animals. The claims stating how damaged tthe child is now, but after looking at pictures taken by the record and posted shows another pic oh and without her so called service dog.

Why is it when it comes to race its always a black and white issue, and then hearing vs deaf, Why do deaf I am sorry hearing impared always think hearing is out to get them, keep them down, or is it they know we aren't but want us to feel sorry for them and will use there handicap as an excuse for gain.

Well, that is quite a statement. I asked how you know they never turned away another disabled person?

Were you there? Are you the business owner?

They could have turned away any number of people who just did not protest.

I probably will not be the only person here to take issue with your bolded statement above.

 

[mushbean]

You want to know how I know, well for one I have actually been in the restraunt when a disabled person came in with a service dog, they ended up sitting accross from me. No I do not own the business. Also there has never been a complaint. What are we susposed to believe what the Sterry's say is true that they are in the right and Sonny's is in the wrong.

I welcome anyonw to take issue to my statement. I also see I even made a comment and asked a question here and another forum that no one will answer. I have nothing to hide by answering questions, what is it you all have to hide by not.

If the claim they made were true, then why ask for gift certificates. If it were true and it was me I would never want to go in tat restraunt again. I also guess the hearing impared want us to feel sorry for them and what they say goes. Well I am sorry it does not work like that in the real world.

 

[mushbean]

Thank you firetiger as code 413.08 paragraph b states

(b) Every deaf or hard of hearing person, totally or partially blind person, or physically disabled person shall have the right to be accompanied by a dog guide or service dog, specially trained for the purpose, in any of the places listed in paragraph (a) without being required to pay an extra charge for the dog guide or service dog; however, such person shall be liable for any damage done to the premises or facilities by such dog. The dog guide or service dog must be capable of being properly identified as being from a recognized school for seeing-eye, hearing-ear, service, or guide dogs.