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Started By
Message
re: War veteran, service dog refused service at Houston-area restaurant
Posted on 2/20/14 at 1:19 pm to Dam Guide
Posted on 2/20/14 at 1:19 pm to Dam Guide
quote:
I wish they would just say you have to have a collar or harness to identify it as a service dog, most people do it anyway. Save the pain and hassle of awkward unnecessary questions and everyone goes on about their day.
Government issued collar. BOOM.
What problem should we solve next?
0
Posted on 2/20/14 at 1:19 pm to Epic Cajun
quote:
but you have to right to refuse service to anyone, right?
What?
Posted on 2/20/14 at 1:20 pm to BigJake
quote:
but one couple eating were visibly confused at there being a dog in my place.
It's 2014.
Posted on 2/20/14 at 1:21 pm to TheOcean
private business can refuse service to anyone...they cannot say "you can't eat here because you're black" but they can refuse service to a black man simply by saying they don't want his business
Posted on 2/20/14 at 1:23 pm to HoustonGumbeauxGuy
What does him being a war veteran have to do with anything?
Posted on 2/20/14 at 1:23 pm to iAmBatman
quote:
Does a Restaurant Have the Unrestricted Right to Refuse Service to Specific Patrons?
No. The Civil Rights Act of 1964 explicitly prohibits restaurants from refusing service to patrons on the basis of race, color, religion, or natural origin. In addition, most courts don’t allow restaurants to refuse service to patrons based on extremely arbitrary conditions. For example, a person likely can’t be refused service due to having a lazy eye.
They don't have to say anything to be sued under the CRA.
Posted on 2/20/14 at 1:24 pm to iAmBatman
quote:
private business can refuse service to anyone...they cannot say "you can't eat here because you're black" but they can refuse service to a black man simply by saying they don't want his business
Sure, but then everyone is going to assume that you refused service because they were black. It's a mixed up world in which we live.
Posted on 2/20/14 at 1:25 pm to Peazey
quote:
It's enough of a challenge to be disabled, but then you have prove yourself and be treated differently/isolated everywhere you go by showing identification.
Disabled persons with service dogs demand to be treated differently, don't they?
Posted on 2/20/14 at 1:26 pm to TheOcean
quote:
The Civil Rights Act of 1964 explicitly prohibits restaurants from refusing service to patrons on the basis of race, color, religion, or natural origin.
that's the key
you can most certainly tell anyone that you don't want them in your business but it can't be for one of those reasons
Posted on 2/20/14 at 1:26 pm to Jazzbass13
There is a guy locally who has a service dog for his diabetes. It reacts to the chemical change caused by blood sugar changes.
Posted on 2/20/14 at 1:26 pm to Peazey
maybe so but the burden of proof would be on them
Posted on 2/20/14 at 1:29 pm to iAmBatman
It can't be arbitrary in most jurisdictions. You can't say "you can't eat here because I don't like the color of your shoes." You have to have a legitimate reason for denying service. I'm almost positive that you also can't deny someone's legitimate business if you don't have a legitimate reason for denying them the good/service/etc.
Posted on 2/20/14 at 1:30 pm to GRTiger
quote:
Disabled persons with service dogs demand to be treated differently, don't they?
How would they do this? I've heard of airline passengers requesting extra space for their service dog, but its not much. I don't see how a diner would demand special treatment. outside of letting the dog sit with them.
Posted on 2/20/14 at 1:31 pm to iAmBatman
These are some legitimate reasons where you can deny business:
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)
Posted on 2/20/14 at 1:32 pm to TheOcean
quote:
You have to have a legitimate reason for denying service. I'm almost positive that you also can't deny someone's legitimate business if you don't have a legitimate reason for denying them the good/service/etc.
I'm not sure about that. If you ask someone to leave your business and they refuse, can you not have them arrested for trespassing? I don't believe you have to give a specific reason but I could be wrong.
Posted on 2/20/14 at 1:34 pm to GRTiger
quote:
Disabled persons with service dogs demand to be treated differently, don't they?
They often require to be treated differently to live an as normal as possible life. It's not like they want to be disabled. I'm sure they would trade places. Have a little empathy.
I also just don't like the idea of requiring identification for them. Maybe I'm paranoid, but that seems like scary police state type of stuff to me.
Posted on 2/20/14 at 1:34 pm to TheOcean
quote:
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)
Works the same way with service animals, if the animal shits all over the floor, you can kick it out. Services animals have to housebroken. If it chews up the table, you can force the customer to pay for it just as if the customer broke the table.
This post was edited on 2/20/14 at 1:35 pm
Posted on 2/20/14 at 1:35 pm to iAmBatman
You have to have a legitimate, non-arbitrary reason for refusing their business. Simply saying you don't want their business wouldn't be good enough.
quote:
n cases in which the patron is not a member of a federally protected class, the question generally turns on whether the business's refusal of service was arbitrary, or whether the business had a specific interest in refusing service.
Posted on 2/20/14 at 1:35 pm to magildachunks
quote:
What does him being a war veteran have to do with anything?
Obviously nothing and I am guessing the owner wasn't one either or else he would have let the guy and his dog sit down and eat. A good owner would have let him eat for free and thanked him for his service. I think alot of bikers frequent the place. I can't believe one of them didn't serve and see what the frick was happening and make a scene.
Posted on 2/20/14 at 1:36 pm to TheOcean
fair enough 
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