Question

Giovanni has a guide dog. One day he is out with his carer, Cathy, who suggests they stop by one of her favourite cafés for something different. As Giovanni’s guide dog is working, it is harnessed. They approach a table and start to sit down. An employee quickly meets them and quietly asks them to leave. Cathy is taken aback and asks why. The employee states that pets are not permitted inside. Cathy says that Giovanni’s ‘pet’ is clearly a guide dog and they are allowed in the premises – health regulations have exemptions for guide dogs. The employee says their manager has requested they leave and they cannot do anything more for them.

1) What breach has the café committed?

2) What could be the legal consequences of this scenario?

3) What do you think would be the impact on Giovanni and Cathy in this situation?

Answer 1

1. Breach committed by the Cafè:

According to American Disabilities Act, the disabled person has the right to use service dogs and also they can take the service dogs with them and the service dogs are can accompany them even to the restaurants . The restaurant people should not deny the service dog's acess to restaurants. The cafè committed a breach of the law by not allowing Giovanni's service dog inside the Cafè. The law is not allowing the dog to sit and dine with them but keep it in the specified part of the restaurants , where it meant for service dogs. Legal actions can be taken against the Cafè.

2. American Disabilities Act , ensures the service dog's acess to restaurant with their owners. The service dog's are meant to serve the disabled person. The cafè breached the law by not allowing the service dog inside. Legal actions can be taken against the cafè. The act is illegal according to state and federal laws and the the restaurant has to pay penalties for the breach, if Giovanni is reporting the incident to law and order.

3. Giovani and Cathy may feel insulted by the behaviour of the manager and staff of the restaurant. Giovani as a disabled person need to be protected by the public, and she has the legal protection for the same. But the situation like this may hurt their feelings and they may feel the frustration and angry.