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Nazareth, Pa., United States
Showing posts with label Americans With Disabilities Act. restaurants. Show all posts
Showing posts with label Americans With Disabilities Act. restaurants. Show all posts

Friday, September 29, 2023

Ichiban Steakhouse Refuses to Seat Blind Patron With Seeing-Eye Dog

Ichiban Japanese Steakhouse, located on Catasauqua Road in Allentown, has long been a favorite  among those of us who love the hibachi experience. A chef cooks your meal before your eyes on a grill located in the center of the table. He (or she) dazzles everyone seated with flaming onions and then has customers demonstrate their wide receiver ability to catch shrimp or vegetables with their mouths. It's a great place for birthday celebrations. But I learned yesterday that this popular eatery has been denying service to blind patrons with service dogs. This is a violation of the Americans with Disabilities Act, and needs to be corrected.   

As some of you know, I walk a seeing-eye dog named Mason as often as I can. The owner is no longer able to do so, and the dog began gaining weight. Before you make the mistake of assuming that I've turned soft in my old age, I am still very much a miserable bastard. It helps the dog, sure, but it helps me even more. It's a great way to cool down after a hard exercise session or warm up before I start. It keeps the weight off so long as I watch what I eat. 

Mason himself is the most mellow dog I've ever seen, Nothing bothers him. He's highly disciplined and extremely intelligent. He received 18 months of training before being selected as a seeing-eye dog. He knows the difference between left and right, something I've been unable to master.  There is no doubt in my mind that he could have been a bomb or drug detection dog because of his highly developed olfactory nerves. He can smell deer or a fox long before I see it. When he's with me, he gets to be a dog and pretend he's a great hunter.  

I had the day off on Wednesday because the owner and his girlfriend had to run errands, and that included dinner at Ichiban. That's when Mason goes on the clock and serves as a guide dog.  I was surprised to learn that the restaurant refused to seat Mason's owner, who is both legally blind and somewhat deaf.  This was because he had Mason with him.  

This was confirmed by Ichiban's manager. He said he was refusing to seat patrons with service dogs, even if disabled because the presence of dogs might offend patrons who are allergic to dogs. He told me that Allentown police and Department of Health both advised him he had the right to exclude disabled patrons with service animals. 

I am sure this manager is acting in good faith, based on what he thinks he was told. I believe that he must have misunderstood them because the law is very clear. 

Under the Americans With Disabilities Act (ADA), a restaurant must permit service dogs to accompany people with disabilities to all areas where the public is allowed. Only two questions may be asked: 1) Is the dog a service animal required because of a disability?; and 2) what work has the dog been trained to do? That's it. The owner is under no obligation to provide an ID card or other proof. 

What about people with allergies or a fear of dogs? This is no justification for refusing service to a person with a seeing eye dog. They can simply be seated as far apart as possible. It's called accommodation. But people with disabilities still have all the rights to be seated at the same tables and areas as anyone else. Moreover, a restauranteur may not take on special fees for service dogs. 

So has it all gone to the dogs? No. A restaurant can eject a patron if he's unable to control his guide or the dog starts shitting and pissing all over the place. A K-9 dog snarling at everyone could legitimately be ejected. Also dogs may not block aisles. 

I have forwarded the link above to Ichiban's manager and hope he changes his policy because, quite frankly, he's breaking the law. I've learned that Ichiban has even excluded disabled veterans with service dogs. 

If this persists, a complaint can be filed with the Department of Justice