Andrea Rosebrock 
It’s the Law. Establishments that serve the public cannot deny access to disabled persons and their assistance animals. And yet there is still discrimination dished out to people with service animals.
There are all sorts of service dogs, not just for the blind but for children with autism, people with Post Traumatic Stress Syndrome, and wheelchair bound individuals. There are hearing assistance dogs, dogs that detect sugar levels for diabetics, epilepsy – and the list is long. People who cannot get around daily activities or work depend on their assistance dogs. Many are met with resistance and discrimination. But lets be clear on this, denying a disabled person and their assistance dog service is illegal and violates the rights of disabled people.
According to the Americans with Disabilities Act (ADA, 1990), a dog is considered a “service dog” if it has been “individually trained to do work or perform tasks for the benefit of a person with a disability.” Also according to the ADA, a ‘disability’ is a “mental or physical condition which substantially limits a major life activity”.
Federal laws protect the rights of individuals with disabilities to be accompanied by their service animals in public places. Service animals are not considered ‘pets’.
There are both State and Federal laws that require access for service dogs into any business or facility where their 
owners can go. Whatever law is the strongest is the law establishments must obey. The 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. The law does provide exemption for some medical treatment areas such as surgical suites.
According to the ADA:
- 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.
A good resource for these laws can be found here at the IAADP International Association of Assistance Dog Partners website.
Blame it on ignorance, but ignorance of the law has never been an acceptable defense. Nor is the overused excuse of allergies and fear of dogs. And forget religious reasons, that doesn’t fly either. Establishments can be fined and sued. Education is the key but there doesn’t seem to be any effective education as seen by the following:
In 2006, the Naperville, Illinois, telemarketing company, Americall, paid $200,000 to settle a disability discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC). The EEOC alleged in its lawsuit that the Americall Group violated the Americans with Disabilities Act (ADA) when it refused to hire a qualified applicant because she was blind and used a guide dog.
Last year, the government sued Ronald A. Lucas, a St. Helens, Oregon landlord to ensure compliance with the federal Fair Housing Act after Lucas denied tenant Marilyn Dirks’ request to own a dog to improve symptoms of her mental disabilities. Ronald Lucas must attend training to keep him up-to-date on the law regarding assistance dogs, and create a policy that shows he adheres to the Fair Housing Act. The federal law requires landlords to make reasonable accommodations to people not only for physical disabilities, such as blindness, but for mental problems. Marilyn Dirks, Ronald Lucas and their lawyers came to a separate settlement to resolve monetary damages, the terms of which were kept confidential.
Estelle Stamm, who is 65 and suffers from Post Traumatic Stress Disorder, won $10,000 from New York City after two cops gave her a ticket for bringing her service dog into a subway station. The cops thought the 120 pound dog was just too big. Now she’s going after NYC Transit for $10 million in a federal lawsuit. NYC Transit contends that Estelle Stamm, having PTSD and partial hearing loss is not really disabled.
Just recently, Luis Carlos Montalvan, the disabled veteran who inspired Senator Al Franken’s Service Dog Program for disabled vets, is suing McDonald’s for $10 million after allegedly being harassed, beaten, and told that he couldn’t take his service dog inside a fast food restaurant in New York City.
Hard education is what you get when disabled people fight back for their rights to be admitted with their service dogs. They have the backing of several federal agencies and these agencies can step in with a lawsuit on their behalf. Good luck in fighting them. So, if you want to deny a disabled person and their assistance dog access, better get out your checkbook. It’s gonna cost you.
I agree with you on all but one point. I use a wheelchair, I am not wheelchair bound. I can get up and walk, though doing so causes me pain. My wheelchair provides me with greater freedom than I could ever have without it.
Great article D., and I wish more businesses would get fined because of denial of access. Not everyone who has a service dog has visible signs that they need the service dog. They would not have gotten the service dog unless they were deemed necessary to have the angel of a dog.
People who violate their rights should have harsh penalties upon them. How dare they!
ain’t THAT the truth?
LOVE this article, thanks Andrea. Having taught ADA and accessible design to include humane dignity I am thrilled to have you write and D post this information. People with disabilties of any kind are the last bastion of civil rights. Not so much as to not being accomodated, but in the less than human dignity way that they are often served. Great piece.
There should be a way to get this message across to all disabled people who have service dogs. The fines should be off the charts. Service dogs are probably the most in control dogs there are. I need to let people I know that are disabled their rights. Great article and another one that I will work on getting in the news.
Whoa……excellent article D!!! Very proud of you for posting this one. Listen up out there, establishments…..that’s a pretty big penney out of your pockets for denying the most well trained animals in the world! Hey…and let’s not forget, there ARE other animals besides dogs used for disabilities. Be careful who you turn away……
Thank you for writting this article. I had a Hearing Dog before ADA became law. I don’t recall any of those things happening to me, but my dog , Rufus was a Good Will Ambasidore for future Hearing, Service, Therapy Dogs. He is at the Rainbow Bridge now.
I rent from Ron Lucas at the same apartments in St Helens oregon where he lost his fair housing battle over a dog.
The thing is Ron Lucas hasn’t backed down at all, he has a campaign of terrorism against tenants, with eviction notices posted weekly for just about anything from alight bulb burning out.
He pounds on tenant’s doors demanding to know if they have a dog, you cant even have friends visit with dogs. He hates cats just as much.
The woman who won moved out just as soon as she got her check. He is now evicting another disabled tenant who asked for a companion pet with her cat.
I wish people would write him at Ron Lucas po box 519 Rainer oregon 97048 and demand he follow the laws.
The things he gets away with, he demanded that tenants who were disabled with companion pets have a plaque on their door saying they were disabled. he said that he would have monthly inspections of their apartments and if the pet had peeed he would tear out the flooring and the tenant would have to remodel his place. by the way he lost his section 8 pass, because he would rent his places that were dumps and force the section 8 renter to remodel the place to keep their housing. He has a scam for everything .He even put up security cameras trained on tenants apartments to see if they had pets illegally and because of this he lost tenants, but he doesnt care because anyone with cash can move in,no problem.
he pounded on one tenants door at three in the morning screaming that they had a dog which they didnt,,, it goes on and on.
If I had time I would start my own blog. thing is he feels he cant be brought down because him and his lawyer daddy own Columbia county. or think they do. another thing- the carpet in these apartments is over ten years old and no way could a dog harm them, He has harvest gold stoves from 1970 but no one has ever gotten their 500.o0 security deposit back. he takes advantage of those with criminal records the disabled the poor and those with bad credit. he kicks them out on the street for almost anything. he is beyond the law and inhuman. god help oregon I believe he hit the woman with the dog with a huge fake bill for damages to get back the money he paid her. that is ron lucas
That is pretty sad.
“The woman who won moved out just as soon as she got her check. He is now evicting another disabled tenant who asked for a companion pet with her cat.” If this is a request for an assistance animal, the tenant can sue Ron Lucas, just as the other woman did. He is now on the governments *radar*.
“He demanded that tenants who were disabled with companion pets have a plaque on their door saying they were disabled.” GROSS discrimination and harrassment of the disabled. If I were a civil rights lawyer, I’d be rubbing my fingers together thinking of all the $$$$$$$$ I win for my client.
“He even put up security cameras trained on tenants apartments to see if they had pets illegally”. You might have to check on this, but, this could be a violation of privacy. Are the cameras installed just to check on certain tenants and not positioned as a safety measure for all tenants? If so, another win for a tenant in court against this man.
If I were you, you and the other tenants SHOULD start documenting all these incidents. Cell phone cameras, tape recorders, digital cameras, witnesses, good ole paper and pencil. Keep detailed records. His *Lawyer Daddy” will be real busy soon.
Oh Wow….I am so sorry all of you have to go through this with a MONSTER like Mr. Lucas. Yea….so his daddy is a lawyer. So what? There are still laws to protect those that can not protect themselves. You all need to stand up to this pond scum and get the authorities over there to stop this POS and his illigal ways. Of course, you may all have to give up where you live, if he goes and no one takes over the management. Still, he needs to be stopped. Anyone that hates dogs and cats to the degree you describe, that he does, is a heartless person. I would worry having an animal there and him doing something very cruel and awful to it. I would want out of there, like, yesterday!
hi thanks for your support.
I should add that Ron Lucas is an attorney also and he uses his attorney status to intimidate tenants. all of his eviction notices are served illegally, but he understands that the one with the stick wins .
Adrian Brown – federal attorney who won the case against Lucas knows about the security camera, but apparently there was nothing that could be done about it. Lucas lied and said it was up there to stop people from dumping appliances, which was not true since people dont dump appliances they take them to the scrap metal place. It was trained directly on the apartment with the companion cat.
as to his eviction of the tenant with the cat, it just happened yesterday so we will see what happens.
Ron lucas has worn down his tenants, they either get evicted or they leave. Many have made the trip to Legal Aid and many have moved anyway.
I personally want the city of St Helens to stop him but they never do.
one of the other women that tried to have a companion cat, Lucas entered her apartment at night and told her she would have to fix the outdoor light, she refused and he evicted her and now she has had to hire an attorney too.
by the way one of his tactics is to wait till its dark on a sunday night , and pull up in his car with a camera and start pounding on the door like a swat team,He even took pictures of a cat carrier in a car as evidence of there being Cats in the apartment. Its completely psycho.
ANother one of his requirements for having a companion animal ( and this is because the Feds are requiring he have a policy not because he wants to) is that the animal will never urinate outside and if they do the tenant will be evicted.
Adrian Brown attorney is working to force Lucas to have a policy that allows companion cats and dogs, but during the last six months he has been harrassing tenants accusing them of having dogs. People have so many problems with him, not getting repairs ,getting eviction notices all the time , that no one wants to try and have a companion pet. he has created an enviroment of hate and distrust and emotional exhaustion, that makes happy things difficult.
I really feel bad that you and your neighboring tenants have to go through this. Not to get off topic, but, this man is obviously a few Bradys short of a bunch. But some of these incidents are illegal and I really suggest you and your neighbors document all his activities and please, look up landlord tenant law in Oregon.
For example, him entering some lady’s apartment without her permission? Illegal according to Oregon law and punishable by law.
“If your landlord enters without notice or permission, behaves unreasonably while in your home, or harasses you by repeatedly demanding to enter, you can ask for court protection. In these situations, you can obtain a court order restraining your landlord from these illegal acts. You may be entitled to further damages as well, such as your attorney fees and a penalty equal to one month’s rent. Finally, you may end the rental agreement altogether.”
He won’t allow an animal to urinate outside? That is just plain ridiculous and a judge will laugh at him first before banging his gavel over his checkbook.
And the only thing I can suggest about the camera is, maybe a nice, strategically placed blast of black spray paint?
Good Luck.
andrea ,you summed up the universal opinion on the matter. The problem with landlords doing what he did is you have to have witnesses and they have to be willing to go to court. Its a long road and many people wont. The woman he did this too has a lawyer But I dont know her well enough to inquire on her case.
My disabled daughter and her service dog were ordered out of McDonalds this morning. Her dog has over 500 hours of agency training and is extremely well-behaved.
I was told by the manager after I told the manager for the 3rd time that my daughter’s dog (who was vested) was a service dog, “…I don’t care what kind of a dog it is” we were denied service and ordered out of the restaurant. It was humiliating for both of us. Any advice on how to proceed?
Clearly a violation of civil rights AND against the law. I’ve put out a APB to an ADA Bulldog on this one. Please check back with us DC Advocate. You SHOULD fight back.
Andrea and others are so right, and this is from the “typing fingers” of the so named ADA Bulldog. Not only for yourself and your daughter but also for all others who encounter these and numerous over egregious violations of the FEDERAL ADA legislation, YOU SHOULD FIGHT BACK. This Manager and whoever else made the call is counting on you to go away, to shut up and to not make a fuss. The rights of those with any disability is the last hurdle of civil rights for humans in this country. The LAW is there but unfortunately, there is no such thing as the ADA POLICE. For all who have any disability, know someone who does, or are just interested in the legal rights for all, we are the ADA POLICE. There is nothing for you to be embarassed about, or your daughter it is this manager and any who support him. If you are interested these are the steps you should take.
1. Find out if this is a franchise MacDonald’s or a Corporate MacDonald’s. Easy to do they are suppose to tell you, if they do not contact MacDonald’s Corporate for that info. (see below in all the contact info)
2. If a franchise contact the franchise and MacDonald’s Corporate. If a corporate store just contact MacDonald’s. Tell them not only the issues and ezactly what you expect them to do about the situation and also include exactly what you plan to do and WILL DO should they chose to NOT address this issue.
3. If nothing or nothing to your satisfaction is done contact: the US Department of Justice, The Washing DC (or other) Protection and Advoacy Service, the National Organization on Disability, the local DC media…TV and Newspapers, particulary reporters who are interested in consumer advocacy, and any Disability Advocacy group in the area that these other sites will cite or direct you to contact.
4. Do not let any of them give you the round around, the stall or a little “we apologize, here are free fries” and hope that you will smile and go away.
5. Also consider telling MacDonald’s and that particular store that you and hundreds of other with disabilities are considering holding a legal demonstration. Remind them, that current statistics show that there are approximately 54 MILLLION Americans with some type of disability. Many of them blind or sight impaired, many with seeing eye dogs. Perhaps MacDonald’s does not care for their fast food dollars, or that of their friends and families.
6. Be specific, be firm, be an advocate, not only for your daughter and yourself but for 54 million others and their families, and for service dogs everywhere. You and your daughter have not one thing to be embarassed by, it is that store and that Manager that bears the shame, and MacDonald’s Corporation and or franchise holder too, if they do nothing. We cannot win our or any others civil rights if we are not willing to fight for them. Those that violate those rights are hoping that you and I and we will not do so. That we will go away.
7. Ask MacDonald’s if they’re interested in seeing a petition about this incident and the irresponsible, illegal behavior at their stores. Better yet, perhaps they would like their fame spread even further by having Dave Carroll and the Sons of Maxwell do a MacDonald’s version of United Breaks Guitars. That’s had something in excess of eight million views.
I have listed below the SPECIFIC ADA wording regarding service dogs and SPECFICALLY WHAT THE law requires along with a terrific link about service animals and the law, and then below that contact numbers/links for DOJ, Protection and Advocacy, National Organization for Disability and MacDonald’s Corporate as well as CEO and Pres.
ONE LAST WORD FROM THIS BULLDOG ADVOCATE..YOU SHOULD FIGHT THIS, THEY THINK YOU WON’T, DON’T LET THEM BE RIGHT!
SUMMARY OF ADA SERVICE DOG LAW
Service Dogs must be allowed to go anywhere their handler goes, including restaurants, schools, buses, taxis, airplanes, stores, movie theatres, concerts, sporting events, doctor’s offices, and any other public place. It is REQUIRED under federal and state laws that they be allowed. They do not have to wear any specific identifying gear, including vests. Many Service Dog users choose to dress their dogs in a vest or other identifying apparel in order to make access easier, as it avoids many questions and confrontations. This is a personal choice, and is NOT REQUIRED UNDER THE LAW. It is illegal to ask for any special identification from Service Dog partners. Some carry ID cards, and may present them voluntarily, but this also is not required, and should not be expected. You may NOT ask for “proof” or certification of the dog’s training as a condition of entry into your business.
http://www.servicedogssavelives.org/laws.html GREAT RESOURCE
DIRECT PHONE CONTACT FOR THE US DEPARTMENT OF JUSTICE (800) 514 – 0301
This is the GO TO organization that oversees ALL ADA law and violations falling under Titles II and III parts of the ADA. As a public and/or commercial facility MacDonald’s falls under Title III.
For Legal Advice and/or Legal Representation
If in need of direct advocacy or legal services, including representation from an attorney, consider contacting local Protection and Advocacy Service. Every U.S. State has a Protection and Advocacy Service (P&A) charged by state governor and funded by the federal government to protect and advocate for the rights of all persons with disabilities in that state. If you believe rights have been violated, request assistance from state P&A. P&A may provide direct services to you, including an advocate to assist with asserting rights, or an attorney to represent on legal matters. In many instances, these services are entirely free, or may be provided at a significantly reduced rate.
To find local Protection and Advocacy Services Organization, click here and choose your state:
http://www.ndrn.org/aboutus/pwd.htm
THIS is Washington DC University Legal Services P & A http://www.uls-dc.org/PAP.htm
In addition P&A’s, most cities and every state have various Legal Aid organizations. These organizations are catalogued by the American Bar Association at their website. This site links you to a state’s Bar Association website which, in turn, links you to a state’s Legal Aid contact information and website. The Legal Aid sites have links and PDFs of various articles that explain to you what things mean and what rights you have under law, so feel free to include the website address, itself, in your referral. Also, the Legal Aid sites have state-specific information on a variety of topics in which a caller may need legal help or explanations.
To find your local Legal Aid organization, click here and choose your state:
http://www.abanet.org/legalservices/findlegalhelp/home.cfm
National Organization on Disability
888 Sixteenth Street NW, Suite 800 \ Washington, D.C. 20006
Phone: (202) 293-5960 \ Fax: (202) 293-7999 \ TTY: (202) 293-5968
http://www.nod.org/
MacDonald’s Corporation
One McDonalds Plaza Dept 332
Oak Brook, Illinois 60523
United States
Website: http://www.mcdonalds.com
Phone: (630) 623-3000
Fax: (630) 623-5700
Jim Skinner, Chief Executive Officer
Denis Hennequin, President,
Hi DC Advocate, as Andrea and others have commented you should definitely speak up and speak out on this terrible treatment NOT to mention the flagrant violation of FEDERAL LAW. Not only should you do it for you and your daughter, but for all others with disabilities and for all those who have service dogs and have either been treated similarly or may face that in the future. The shame and humiliation should rightfully go to this manager and all those who may have supported this action, or not stepped in to stop it, manager or not.
While it is certainly Federal law, the problem is that there are no such things as ADA POLICE. You and I and we are the ADA POLICE. If we do not stand up for ourselves and others and fight then this type of treatment will continue. The rights and needs of those with any disability is the last human civil rights battle that still needs to be won. Just imagine the uproar had the manager refused to serve you all and ordered you out due to your color, gender, ethnic group, age, religion, sexual orientation or other “civil rights issue”. And why is that, because those are battles that have been fought and won by those who dealt with these biases in the past. THE LAW is on your side, the answer is to fight this. There are approximately 54 million Americans alone, with some type of disability. Many of them who use service dogs. So you are not just standing up for yourselves you are helping to lay solid foundations for thousands of others. So if you chose to stand up and fight this and demand justice and your legal rights, here is advice from the typing fingers of the so named ADA BULLDOG.
1. Identify if this MacDonald’s is franchise, affiliate or Corporate owned, That is easy to get, they are suppose to tell you, if not contact MacDonald’s Corporate for that info (contact info below with all contact numbers/links)
2. If franchise or affiliate owned contact them and MacDonald’s Corporation, if Corporate owned just contact MacDonald’s Corporate. Tell them specifically and in detail what you want, what you expect them to do and what are the minimum actions you will accept on their part. Don’t let them come up with their own ideas. Those will likely be phony apology (worth nothing) and some silly offer of free fries. That will not help the next person that is treated in the same manner.
3. Also tell them exactly what you are prepared to do if they do not make appropriate reparations and take appropriate action. That should include contacting the Department of Justice (ADA watch dogs). Protection and Advocacy for ADA, National Association for the Disabled, local media – TV and Newspapers, particularly any reporters who cover consumer and or rights issues, and any Disability Advocacy groups in the area…including service dog groups.
4. Tell MacDonald’s that in addition to these actions that consideration is also being given to staging a legal demonstration, starting and circulating an on line petition and other actions to bring attention to this terrible and unlawful act. With 54 million Americans with disabilities of some kind, I am sure we could round up a goodly number. Maybe MacDonald’s would like David Carroll and the Sons of Maxwell to work up a little YouTube song and piece for MacDonald’s … much like their United Breaks Guitars. That would get some attention. At last check there were over 8 million views on that piece.
5. Do not back down, or give up, or feel humiliated. It is all who did this, including all those who did not loudly object, who should be humiliated and be shamed. It is their wrong.
They are hoping you will go away, not make a fuss and not fight. Do so not only for you and your daughter but for all others who have either had to deal with these terrible wrongs and indignities and for all of those to come.
IF you need ideas or suggestions for writing terrific and specific letters of complaint and effective outcomes, there is a great little paperback book out titled “Shocked, Appalled, and Dismayed! How to Write Letters of Complaint That Get Results” by Ellen Phillips
Below is a summary of the ADA law regarding service dogs, including the great link on service dog issues, then the contact info and or links for DOJ, P&A, Legal Aid orgs, NOD and MacDonald’s Corporate as well as CEO and President
ONE last word from ADA BULLDOG: I so wish I had been there with you, the manager would have wished he had never been born, little less started with this illegal activity.
FIGHT THIS, THEY DO NOT THINK YOU WILL, for you, your daughter and all others, SHOW THEM THEY ARE WRONG
SUMMARY OF ADA SERVICE DOG LAW:
Service Dogs must be allowed to go anywhere their handler goes, including restaurants, schools, buses, taxis, airplanes, stores, movie theatres, concerts, sporting events, doctor’s offices, and any other public place. It is REQUIRED under federal and state laws that they be allowed. They do not have to wear any specific identifying gear, including vests. Many Service Dog users choose to dress their dogs in a vest or other identifying apparel in order to make access easier, as it avoids many questions and confrontations. This is a personal choice, and is NOT REQUIRED UNDER THE LAW. It is illegal to ask for any special identification from Service Dog partners. Some carry ID cards, and may present them voluntarily, but this also is not required, and should not be expected. You may NOT ask for “proof” or certification of the dog’s training as a condition of entry into your business.
http://www.servicedogssavelives.org/laws.html GREAT RESOURCE
DIRECT PHONE CONTACT FOR THE US DEPARTMENT OF JUSTICE (800) 514 – 0301
This is the GO TO organization that oversees ALL ADA law and violations falling under Titles II and III. As a public and or commercial facility MacDonald’s falls under Title III.
For Legal Advice and/or Legal Representation
If in need of direct advocacy or legal services, including representation from an attorney, consider contacting local Protection and Advocacy Service. Every U.S. State has a Protection and Advocacy Service (P&A) charged by state governor and funded by the federal government to protect and advocate for the rights of all persons with disabilities in that state. If you believe rights have been violated, request assistance from state P&A. P&A may provide direct services to you, including an advocate to assist with asserting rights, or an attorney to represent on legal matters. In many instances, these services are entirely free, or may be provided at a significantly reduced rate.
To find local Protection and Advocacy Services Organization, click here and choose your state:
http://www.ndrn.org/aboutus/pwd.htm
THIS is Washington DC University Legal Services P & A http://www.uls-dc.org/PAP.htm
In addition P&A’s, most cities and every state have various Legal Aid organizations. These organizations are catalogued by the American Bar Association at their website. This site links you to a state’s Bar Association website which, in turn, links you to a state’s Legal Aid contact information and website. The Legal Aid sites have links and PDFs of various articles that explain to you what things mean and what rights you have under law, so feel free to include the website address, itself, in your referral. Also, the Legal Aid sites have state-specific information on a variety of topics in which a caller may need legal help or explanations.
To find your local Legal Aid organization, click here and choose your state:
http://www.abanet.org/legalservices/findlegalhelp/home.cfm
National Organization on Disability
888 Sixteenth Street NW, Suite 800 \ Washington, D.C. 20006
Phone: (202) 293-5960 \ Fax: (202) 293-7999 \ TTY: (202) 293-5968
http://www.nod.org/
MacDonald’s Corporation
One McDonalds Plaza Dept 332
Oak Brook, Illinois 60523
United States
Website: http://www.mcdonalds.com
Phone: (630) 623-3000
Fax: (630) 623-5700
Jim Skinner, Chief Executive Officer
Denis Hennequin, President,
From our ADA BULLDOG:
Hi DC Advocate, you should definitely speak up and speak out on this terrible treatment NOT to mention the flagrant violation of FEDERAL LAW. Not only should you do it for you and your daughter, but for all others with disabilities and for all those who have service dogs and have either been treated similarly or may face that in the future. The shame and humiliation should rightfully go to this manager and all those who may have supported this action, or not stepped in to stop it, manager or not.
1. Identify if this MacDonald’s is franchise, affiliate or Corporate owned, That is easy to get, they are suppose to tell you, if not contact MacDonald’s Corporate for that info (contact info below with all contact numbers/links)
MacDonald’s Corporation
One McDonalds Plaza Dept 332
Oak Brook, Illinois 60523
United States
Website: http://www.mcdonalds.com Phone: (630) 623-3000
Fax: (630) 623-5700
Jim Skinner, Chief Executive Officer
Denis Hennequin, President,
2. If franchise or affiliate owned contact them and MacDonald’s Corporation, if Corporate owned just contact MacDonald’s Corporate. Tell them specifically and in detail what you want, what you expect them to do and what are the minimum actions you will accept on their part. Don’t let them come up with their own ideas. Those will likely be phony apology (worth nothing) and some silly offer of free fries. That will not help the next person that is treated in the same manner.
3. Also tell them exactly what you are prepared to do if they do not make appropriate reparations and take appropriate action. That should include contacting the Department of Justice (ADA watch dogs. Protection and Advocacy for ADA, National Association for the Disabled, local media – TV and Newspapers, particularly any reporters who cover consumer and or rights issues, and any Disability Advocacy groups in the area…including service dog groups.
DIRECT PHONE FOR US DEPARTMENT OF JUSTICE (800) 514 – 0301
This is the GO TO organization that oversees ALL ADA law and violations falling under Titles II and III. As a public and or commercial facility MacDonald’s falls under Title III.
If in need of direct advocacy or legal services, including representation from an attorney, consider contacting local Protection and Advocacy Service. Every U.S. State has a Protection and Advocacy Service (P&A) charged by state governor and funded by the federal government to protect and advocate for the rights of all persons with disabilities in that state. If you believe rights have been violated, request assistance from state P&A. P&A may provide direct services to you, including an advocate to assist with asserting rights, or an attorney to represent on legal matters. In many instances, these services are entirely free, or may be provided at a significantly reduced rate.
To find local Protection and Advocacy Services Organization, click here and choose your state: http://www.ndrn.org/aboutus/pwd.htm
THIS is Washington DC University Legal Services P & A http://www.uls-dc.org/PAP.htm
To find your local Legal Aid organization, click here and choose your state:
http://www.abanet.org/legalservices/findlegalhelp/home.cfm
National Organization on Disability
888 Sixteenth Street NW, Suite 800 \ Washington, D.C. 20006
Phone: (202) 293-5960 \ Fax: (202) 293-7999 \ TTY: (202) 293-5968
http://www.nod.org/
there are places on the internet you can go for help and it sounds like you have a law suit on your hands. Don’t back down from this, as it is a law. Perhaps someone on this site can help you find the place you need to go. Let me know which McD’s it is and I will see what I can do.
didn’t notice, but the site you may need is located in the article.
Don’t waste your time on Lawyers, unless the lawyer is willing to work for free, and even then its usally no good.
Better to call the media and agree to be interviewed at McDonald’s with the dog, and then the manager will eat crow.
It will save you a lot more time.
avoid lawyers at all costs ,even the legal aid ones are a huge waste of time.
Contact the State’s Attorney’s office. On their website, they should have a downloadable form for you to fill out for a complaint. This way, you will have an attorney from the State’s Attorney’s office, and you won’t have to pay.
I do have to disagree with “avoid attorneys” – many attornies would take this case pro bono, against a large corporation like McDonalds. But your best bet would be the State’s Attorney’s office. They are vigilant when it comes to having disabled people with service dogs denied access to any place.
Please keep us posted on what you do and how things turn out for you.
I used to believe in lawyers as a solution but we would all be better off without them,
What will happen to her if she goes with a lawyer is , unless she has a very tight contract, he will take all the money after a long grueling year of going to court etc. The other side will drag up every little thing her daughter every did and turn her into a monster, her own lawyer will knock her down too,
It isnt worth it. Madonalds is bad food anyway, just realize the disabled and the poor have no more rights then they did two hundred years ago.
there is no justice, it just makes the lawyers fat, who should be disbarred anyway.
The only thing I would recommend is to get a book from the library on how to write a complaint letter.send a letter from the book to the head office of Macdonalds and say lawsuit. dont pay a lawyer for this. see if they cough up some money , which you should ask for in the letter, or some free coupons.
other then that , dont bother, my sister wasted a year of her life on a civil suit over an accident.
her lawyer took the settlement of 40,000 and she got nothing. I found out this last year that lawyers are very good at this, you hire them to save you and they roll your for everything too.
The epidemic of lawyers in the US hasnt made the US a nicer place to live, most people are so afraid of getting sued they dont do anything anymore.
by the way the best way to become completely disillusioned with government is to ask the government to intervene with violations like this,
One bad experience with attorneys does not mean they are all bad. I have quite a few friends who are attorneys, and I bet a few of them would take this pro bono. Even if there was not an attorney to do it pro bono, you can make arrangements with a written contract as to a percentage of the lawsuit; (with no up front costs) and in case the plaintiff does not win, there could be a clause that the plaintiff’s attorney does not get paid.
There are a lot of eager young attorneys who would jump at the chance to go after a big corporation. The fact that you mention the food there is not good has no revelence to this particular situation.
Become disillusioned with the government by asking for help? Sorry, don’t agree with you at all on that one. And furthermore, it does not hurt anyone or cost anything to ask for help from the government. The State’s Attorney’s office is an office that the general public goes to to help in situations such as this one.
save us from eager young attorneys
the disabled woman is most likely poor and will end up being the pawn of her attorneys desire either for money or fame.
but I dont see any law firms posting here offering pro bono services for the poor.
I rest my case.
WTG ANDREA AND PEGGY YOU BOTH ROCK
I did consult with an attorney. The problem is not the attorneys – the problems in corporate greed. If you haven’t seen Michael Moore’s “Capitalism a Love Story” you should probably watch it. There are laws on the books protecting the big corporations so that all of us “little guys” don’t have any recourse. Yes I do probably have a “cause of action”. but it will cost about $3000 in up front costs to file it in court. That’s $3000 out of my daughter’s therapies – we don’t have the money. If we did, I would file tomorrow.
The only thing that is going to cause fear enough to follow the laws by huge corporations like McDonald’s is to put some teeth into the laws and allow flagrant violations like this “punitive damages” As I understand it – there are NO punitive damages for violating state or federal violations of the law. Corporations have successfully lobbied to be sure the little guy – John Q Public does not have a change against the greed and power with corporations like McDonald’s.
I did contact VOPA in VA and I also contacted the ACLU. I haven’t filed a Federal Complaint yet but I probably will for all the good it will do. If I could find an attorney who had the means and the willingness to take this on Pro Bono, I would help in any way I could with the leg work.
I have started a cause to boycott McDonalds on FACE BOOK.
Please go to the sites that Andrea and Peggy suggested. You cannot back down from this. You came to us for suggestions, we are trying to guide you as to what to do.
We all have financial difficulties surrounding us now in this day and age, but there are federal attorneys who will do this on your behalf.
I understand about big corporate greed, but this is not about corporate greed. They have broken the law and did not allow a guide dog into their PUBLIC facility.
Please contact the federal jurisdictions. They will help you, and will not charge you.
Keep us posted and good luck
This is a civil rights issue, the local offices that oversee civil rights DO NOT charge, nor does the DOJ. In addition, Big Corporations do not like bad PR, no matter how big they are. Look at the current mess that WalMart is in, and that is not even of their own making, it is someone who got into their loudspeaker system. IN addition to court system actively pursue the following:
1. Press and Media
2. Demonstrations
3. Petition passed far and wide, FB by itself will not cut it
4. YouTube video…that could be set up renacted along with a nifty little song, much like the UNITED BREAKS GUITARS piece (lyrics can be provided….music also a possibillityit is a )
5. The Service Dog Organizations and the ACTIVIST Disability groups should be willing/glad to help. THERE are disability activist grops…… Even though itis a Veteran’s org Wounded Warrior’s might be willing to help or offer direction.
The can’t fight BIG BUSINESS is what they are counting on.
Additionally the Franchise holder and MacDonald’s Corporate might not even be aware of this happening. One cannot imagine the so called manager rushing to the phone to call his bosses and or corporate to announce “Hey, just wanted you to know I just kicked out a disable person with her service dog, was rude to boot, and violated Federal Law.” So try Corporate and owners first. Remind them that the Ronald MacDonalds Houses has lots of disabled children, due tot their serious illnesses. Wonder how families would feel on hearing about this dreadful event. Be specific about what you expect, not only from that MacDonalds but also overall what Corporate and Franchise holders must do to keep this from happening to anyone else in the future.
Remember, while it eventually became law, civil rights was not fought and won in the courts. It was fought and won on the ground and in the public eye and in the Pocket Books of those who would not embrace those rights. Coroporations are only big because WE make them big and WE keep them big.
Just because you heard $3000 from one attorney does not mean you will hear it from all. That is a ridiculous quote. Report that person to the local bar association.