OK, fair enough, I see the point. But again, being in a wheelchair, it's just generally a total non-issue. And if anyone is unsure, they ask, and are happy to take my word for it, especially after watching my dog, seeing how he's laying quietly by my side, and is trained. So it's always surprising when out of the blue, an access dispute happens. As did this past Friday, at a wine bar called Kensington Vine.
I was walking Borias from my house toward that area, which is a nice walk for us, and thought I'd find a place to grab a bite. There's not a lot to choose from, and I spotted this place after going to Starbucks, and thought I'd give it a whirl. Looked like a nice homey, neighborhood joint. I had a Sensation harness on Borias, while I continue to train with his excitement with cats. Plus, it's ergonomically better for him, with his back problems. There was a woman server outside, and she tried to stop me from going inside, saying something about Borias. I continued to go in, and looked at their happy hour menu.
Then a man came up, and I said I would like a table. He plainly looked hesitant, and I asked what the problem was. He said I could sit outside on the patio with the dog. I informed him he was my Service dog, and I can sit anywhere I choose.
"Ummmm... well you'll have to give me some sort of demonstration".
Huh?? Was he really asking me to perform for him?? I looked at him in disbelief, and asked said that is really humiliating to ask, didn't he see that?
Apparently not. He said usually these dogs have a vest on. Yes, I said, some do, but it's not required, and I have this walking harness on him right now. He clearly didn't believe me. He reiterated his offer to let us go out on the patio. So I said no, he is my Service dog, and allowed wherever I choose to go. I took off my backpack, and found my law card, and gave it to him.
But he refused to read it. For the second time in one of these incidents, I was asked to read it to the person! More humiliation. I wasn't obligated to even show it to him! But I found myself reading it, (despite it being reaaaally tiny print, and wishing I had my reading glasses!) and pointed to where it said what I was explaining. Still no dice.
So that left me with no choice but to call the police. I waited a few minutes, but it became obvious that I was just being ignored, like I was some crazy person being a pain in the ass. So I said I was going to call, and took out my cell phone. The woman employee said "This isn't right...he's trying to compromise with you".
I again tried to explain how this isn't a compromise, he's trying to segregate me on the belief that my dog is not legit. That it's my obligation to stand up for my rights.
I went outside to make the call, and then called my attorney friend for some moral support. He's hilarious, and boosted my spirits. When I told him about his asking me to perform a task for him, he said "You want a trick? Here's one for you, it's called 'bite me'!" Ha ha! Well, that wouldn't be very professional. But it was funny. He told me to go inside, and try to explain that like my dog is an ambassador for owner trained dogs, I am also an ambassador for other handlers, and it's my duty to stick up for my rights for the next person in my situation.
So I went in there, and attempted to say that, appealing to his sensibilities, and was met with a hand and "I don't have time for you". With that, he walked away. How unfortunate. I sat there in the entrance, and awaited the police.
That took about a half hour.
The officer was quite nice, and remarked how civil our dispute was, for being a dispute. He talked to us separately, and I went first. Gave him the facts. When the owner of the restaurant (yes, he was the owner! I also told him at one point that frankly, he should know the law on this) came back in, he had a big smirk on his face for some reason. Through the whole ordeal, he was exceedingly smug and patronizing. Which I found even more frustrating, with how much of an effort I was making at being diplomatic, and polite.
Then we were talked to together, the cop making a second appeal to him (as he said). He had his Captain reassure the owner that the Health Department wouldn't shut him down if I was inside. So after all that, the guy said I could come in if I wanted. Though I didn't want to at this point. Would you? Plus, it was clear he still didn't believe me. I said that life might be easier if I had a vest on him, and he cut me off to say "Oh so you admit that he should have one on?"
Then he said he went online and saw that it is indeed a requirement of all Service dogs to wear one. Don't know where he read that, I said he probably pulled up some policy of a program out there. He was still giving me that smug, patronizing look.
Yeah, I really want to eat there. The neighborhood regulars staring at me, as if I'm another disabled person making trouble.
I do feel a duty to fight this kind of discrimination and attitude. There's far too many people with disabilities who would back down, and leave in frustration. It's hard to stand firm, look the person in the eye, smile and demand your rights. (Thank you Harvey Milk). So it's not over. I'm not sure yet exactly how I want to proceed. I can request a penalty, and injunctive relief, which would mean a change in policy, and something like a sign saying "Service dogs welcome". An apology would be the best.
We'll see how it goes.
I did find my tag from Animal Control, and put it on a clip to have on my keychain. It's hard to read, but it says CA Assistance Dog. Summer is coming, and at least that's identifying my dog in some way, that's not difficult to put on, or hot for him. I just don't like people to assume that I have this as some type of requirement, that I must show it to them. Unfortunately, there are some people who abuse the system, and are making it harder for us by trying to pass of pets as Assistance dogs. I'm afraid that will only make access challenges happen more and more.