Assistance Dog Barred From Eatery

[Baby Dragon]

As an accredited assistance dog, Happy is Melanie Hawkes' constant companion and is allowed anywhere she goes. But a city restaurant told the wheelchair-bound Willetton woman to leave the labrador outside - despite being told it was not a pet.

Ms Hawkes, 31, said it was "pretty awful" when she and colleagues visited Yoshiya Japanese Restaurant on Pier Street for their Christmas lunch on Thursday.

"I told them he was a working dog but a woman told me 'no, no, all dogs stay outside'," Ms Hawkes said.

"He lay down under the table, you wouldn't have known he was there but she came back and didn't want to know anything about it."

Restaurant owner Francis Lim admitted his wife asked Ms Hawkes to leave the dog, which had an assistance dog jacket, outside and said he had not known it was illegal to bar the dog from the premises.

His wife eventually let the dog stay but the disagreement continued. He admitted his wife told Ms Hawkes that if the wheelchair-bound woman was not happy she could leave, which she did.

WA Equal Opportunity Commissioner Yvonne Henderson said that it was discrimination if a person was treated less favourably because they had an animal trained to help alleviate a disability. "It's never a defence to say 'I didn't know'," she said.

Ms Hawkes has used a wheelchair since she was two when a virus paralysed her from the neck down.

She said Happy gave her more freedom. He picked things up, opened and closed doors and could right her if her wheelchair toppled.

http://au.news.yahoo.com/thewest/a/-/mp/85...ed-from-eatery/

[persephone]

..it will happen , until the message reaches everyone.

[Adza]

Poor woman.. glad she has Happy to help her out.

[Baby Dragon]

..it will happen , until the message reaches everyone.

I find it hard to believe that the message hasn't reached everyone by now... I like to give people the benefit of the doubt, and maybe they honestly didn't know...

So I wonder what more can be done, that hasn't already been done, to get the message out there.

Edited December 21, 2010 by Baby Dragon

[Dog_Horse_Girl]

I think it's partly cultural differences as often these cases would appear to involve people from diverse backgrounds and having a lesser understanding of the laws relating to assistance dogs. Ignorance is no excuse but I wonder if we need to be educating people from diverse backgrounds by using information in their languages rather than in English? And perhaps if the messages could be delivered by people from their own cultural background this may improve understanding further? Just a thought.

[Staranais]

Yes, there's plenty of opportunity to educate restaurant owners when they apply for alcohol licenses, Food Safety certificates, etc. I wonder if they are provided with information about assistance dogs at this time? It would be a good way to ensure ever restaurant owner, no matter where they are from, understands the laws around these dogs.

[Baby Dragon]

Those are all good ideas

You'd think the Food Standards Code Division 6, 24 (1) (b) where it refers to "assistance animals" would address it, but as lillysmum said, maybe this information needs to be provided in different languages.

Edited December 21, 2010 by Baby Dragon

[Dxenion]

Those are all good ideas

You'd think the Food Standards Code Division 6, 24 (1) (b) where it refers to "assistance animals" would address it, but as lillysmum said, maybe this information needs to be provided in different languages.

Thanks for that information. I found the link and printed off the page. I'll now present it whenever I meet someone who's unsure of the rules. It's one thing to politely educate food businesses on the laws relating to Assistance Dogs but sometimes you can see in their eyes that they're wondering if you're telling the truth. It would certainly help to be able to give them a copy of the Standard to ease their mind that by letting you in, they are not breaking the law.

[Baby Dragon]

Those are all good ideas

You'd think the Food Standards Code Division 6, 24 (1) (b) where it refers to "assistance animals" would address it, but as lillysmum said, maybe this information needs to be provided in different languages.

Thanks for that information. I found the link and printed off the page. I'll now present it whenever I meet someone who's unsure of the rules. It's one thing to politely educate food businesses on the laws relating to Assistance Dogs but sometimes you can see in their eyes that they're wondering if you're telling the truth. It would certainly help to be able to give them a copy of the Standard to ease their mind that by letting you in, they are not breaking the law.

No worries Do you have an assistance dog?

[Loving my Oldies]

..it will happen , until the message reaches everyone.

I find it hard to believe that the message hasn't reached everyone by now... I like to give people the benefit of the doubt, and maybe they honestly didn't know...

So I wonder what more can be done, that hasn't already been done, to get the message out there.

You'd certainly think so.

I think it's partly cultural differences as often these cases would appear to involve people from diverse backgrounds and having a lesser understanding of the laws relating to assistance dogs. Ignorance is no excuse but I wonder if we need to be educating people from diverse backgrounds by using information in their languages rather than in English? And perhaps if the messages could be delivered by people from their own cultural background this may improve understanding further? Just a thought.

If they have enough understanding of the legalities to open and run a business no matter what it is, you'd think they'd have enough understanding of the laws pertaining to Assistance Dogs. And cultural differences should be no excuse for breaking the laws.

Frankly, I'd like to see the book thrown at people who put another obstacle in the way of people who require assistance.

Edited December 21, 2010 by Mother Moocher

[Dog_Horse_Girl]

..it will happen , until the message reaches everyone.

I find it hard to believe that the message hasn't reached everyone by now... I like to give people the benefit of the doubt, and maybe they honestly didn't know...

So I wonder what more can be done, that hasn't already been done, to get the message out there.

You'd certainly think so.

I think it's partly cultural differences as often these cases would appear to involve people from diverse backgrounds and having a lesser understanding of the laws relating to assistance dogs. Ignorance is no excuse but I wonder if we need to be educating people from diverse backgrounds by using information in their languages rather than in English? And perhaps if the messages could be delivered by people from their own cultural background this may improve understanding further? Just a thought.

If they have enough understanding of the legalities to open and run a business no matter what it is, you'd think they'd have enough understanding of the laws pertaining to Assistance Dogs. And cultural differences should be no excuse for breaking the laws.

Frankly, I'd like to see the book thrown at people who put another obstacle in the way of people who require assistance.

Yes, but what if their cultural beliefs don't understand the importance of assistance dogs? What if where they come from, dogs are disease-carrying pests? What if where they come from, dogs are feared in the way that some people fear rats or mice or cockroaches or snakes or spiders?

It's easy enough for us to sit in judgement and say that anyone with a food business should know the law. But reverse the situation - how much do you know about their culture which may explain their lack of understanding of our laws and customs? I know a lot more about various cultural norms and customs than what I used to know, because I chose to educate myself as to this in a number of jobs I've held. Otherwise I would be ignorant of the reasons behind some people's genuine fear of dogs because where they come from, dogs are believed to carry deadly diseases and are said to be harmful according to their religious beliefs. Or of their fear of speaking to authority figures such as Police because where they come from, these sorts of authority figures harm innocent people.

[dasha]

I have a friend who is blind and uses a guide dog to get around. It is amazing how many people are frightened of the dog in a shopping centre and will give a large detour. Other people talk to the dog instead of her (which she then informs them they shouldn't talk to a working dog but they can speak to her).

She said she went to a Sydney restaurant and was told she couldn't come in with her dog. She explained to the waiter(of a foreign nation) that the dog is allowed by law etc.........and asked to speak to the manager. The waiter went and came back and said that she was allowed in but he was rude to her all night and was rude about the dog being allowed in and just made her visit extremely uncomfortable.

As she is a big PR supporter of Guide dogs and has had about 5 she was expereinced in how to deal with it and not let it ruin her evening. SHe had travelled over the world with her dogs and is very cionfident.

When she left the restaurant she wrote a letter to the restaurant explaining her experience and how a guide dog can make a person feel so normal and gives them confidence to leave teh house which many blind people are frightened of. She said that she was lucky she was used to it but if that had of been a person going out for the first time, the way the staff there treated a vision impaired person would be enough to make them never go out again even shopping.

She got a reply back saying that they were extremely sorry for the way the waiter had treated her, (he no longer worked there) and had no idea how a blind person felt and how much of a postive difference a dog could make to a person and was appreciative of her being made aware and in future they would be alot more welcoming.

So sometimes the arrogant approach of throwing the book at them is not what is needed but sometimes a little more understaning from the other person will get a better response for that experience and maybe even future experiences for other people. Like Lillysmum says, sometimes thay are not ignorant just have different cultures to work in with.

[Loving my Oldies]

Very heartwarming. However, I still stand my by statement that if people can start up a business, they can learn the law.

[Dog_Horse_Girl]

Very heartwarming. However, I still stand my by statement that if people can start up a business, they can learn the law.

I agree, but sometimes not understanding the context in which the law is written and applied can mean it takes some people a lot longer to grasp the real meaning of the law.

For someone who is genuinely afraid of dogs because of their cultural background, I think it would take a lot more work in helping them to understand the roles that assistance dogs fulfill to their handlers and also the importance of providing them with access to places where "ordinary" dogs are prohibited. Sometimes the subtle meaning behind what we see clearly can be difficult for others to understand. What I mean is that "most dogs" are not allowed in food establishments so people who work in or operate those types of businesses are conditioned to refuse entry to "dogs" regardless of whether some of those dogs are assistance dogs and therefore have a legal right to be present. Imagine how hard it must be to move to a new country, with a new language that is very confusing, with different currency (that's a whole set of obstacles in itself), and the only thing you know is how to cook and serve food because your university education is not recognised here. So you open a small business because it's using your next-best skill and nobody else offered you a job or you work for someone in your ethnic community who tells you not to allow anyone in with an animal.

I'm just saying it's not as easy as being provided with the rules and being able to implement them that easily when there are other barriers to understanding. I wouldn't want to migrate to another country and have to learn a new language, never mind learn new cultural norms and interpret rules that have no meaning to me because I've never experienced the context in which they operate.

[Crysti_Lei]

the dog wasn't wearing a jacket from what i read.

Does that mean i can take any old dog where ever i want and claim its an assistance dog and scream discrimination when they don't belive me? or is there some sort of laminated ID that the person carried, identifying the dog as an official assistance dog?

[Baby Dragon]

the dog wasn't wearing a jacket from what i read.

Does that mean i can take any old dog where ever i want and claim its an assistance dog and scream discrimination when they don't belive me? or is there some sort of laminated ID that the person carried, identifying the dog as an official assistance dog?

He was wearing an Assistance Dog jacket.

Restaurant owner Francis Lim admitted his wife asked Ms Hawkes to leave the dog, which had an assistance dog jacket, outside and said he had not known it was illegal to bar the dog from the premises.

Edited December 22, 2010 by Baby Dragon

[Crysti_Lei]

the dog wasn't wearing a jacket from what i read.

Does that mean i can take any old dog where ever i want and claim its an assistance dog and scream discrimination when they don't belive me? or is there some sort of laminated ID that the person carried, identifying the dog as an official assistance dog?

He was wearing an Assistance Dog jacket.

Restaurant owner Francis Lim admitted his wife asked Ms Hawkes to leave the dog, which had an assistance dog jacket, outside and said he had not known it was illegal to bar the dog from the premises.

LOL

I did say "From what i read" and i was reading without my glasses.

Sorry. resume normal programming.

[Baby Dragon]

LOL no worries.. in reply to your other question, normally the handler will carry ID from the organisation that accredited the dog, as well as the dog being vested. I carry 3 lots of ID with us just to be sure lol

[Are You Serious Jo]

ID is the important bit because anyone can buy a vest off the net. I'd have a few cards in different languages stating the act under which you are allowed entry.

[Baby Dragon]

ID is the important bit because anyone can buy a vest off the net. I'd have a few cards in different languages stating the act under which you are allowed entry.

I don't think WA has this yet, but in QLD we can get government issued ID cards, they're great and have law info and penalties etc on the back of the card. We also get the government issued patch to go on the dog's vest. This is only a new thing that recently came in.