GUIDE DOGS AND ACCESS TO FOOD PREMISES

drewdog101 · Joined: 27 Jan 2009 Posts: 14

Good afternoon,

I would be interested to hear from users (and, in particular those engaged in the restaurant business) regarding their understanding of the legal position concerning the admission, to restaurants of guide dogs. I am, myself a registered blind guide dog owner and have had two recent experiences of a lack of knowledge, by those working in restaurants on this issue.

On 7 March I entered a restaurant in London's Chinatown with my guide dog. She had on her distinctive harness which clearly identifies her as a working guide dog. Despite this fact I was informed that no dogs where allowed into the establishment. I pointed out that under the Disability Discrimination Act (1995) that it is an offence to refuse to serve a disabled person for a reason related to their disability (including a guide dog owner accompanied by his/her guide dog). The restaurant maintained their position that no dogs (not even guide dogs) where permitted access to restaurants, consequently I left and took my custom to the establishment next door.

Again, on 18 March I entered a Chinese restaurant and was faced with the same situation, namely being told that no dogs where allowed. Fortunately, in this case the waitress telephoned her manager who confirmed my statement that guide dogs must be admitted into restaurants.

I do understand the cultural differences regarding the way in which dogs are, in generall perceived in China as compared to how they are seen in the west. My Fiancee is, herself Chinese, and has spent most of her life in China so I do, as I say have some knowledge of the cultural differences.

Having said that the bottom line is this. The DDA states that guide (and other assistance dogs) must be admitted to restaurants. Those who flout the law are guilty of discrimination against people with disabilities and may be subject to claims for damages in court as a consequence of their actions.

In light of the above I'd be interested to know how many of those working in the restaurant trade are familiar with their duties under the Disability Discrimination Act? From those employed as waiting staff I'd be interested to learn whether the owner/manager of the premises in which you work has informed you of your duties under the DDA? From managers/owners I'd be interested to know how many of you feel confident that you fully understand the DDA and your duties under it?

For those who need more information I reccomend going to www.gdba.org.uk where you can find further details of the law under the "Access for All" link.

To the many restauranteurs who do make guide dog owners welcome and to their staff I extend my thanks. Please do keep up the good work, it really is appreciated.

Edwina Lee · Posted: Thu Mar 19, 2009 3:34 pm Post subject:

Drewdog101,

This is very much to do with awareness of the law as well as space availability in the premises.

Premises in Gerrard Street are very old premises which are generally very crammed, and not really suitable for disability access anyway. After the re-development of that whole area, the space issue will go away.

Most chinese restaurants are small businesses, while most english restaurants are big chain businesses. Big businesses are run by lots of head office wriiten down rules, while small businesses are run mostly by ad hog ways. Rules are generally in the manager's head.

Meanwhile, the practical solution for you is to visit the bigger restaurants with good disability access.

Edwina xx

drewdog101 · Joined: 27 Jan 2009 Posts: 14

Edwina Lee · Posted: Thu Mar 19, 2009 7:23 pm Post subject:

Drewdog101,

I have no idea about the practical issues of being blind other than the physics. The human aspect can only be experienced by blind people themselves.

I hope you have better experience in the future.

Law is a very strange and complex animal. Hygiene laws are indeed very strict against restaurants, so I am not surprised that restauranteurs are most fearsome of hygiene laws, and not know that disability access overrides hygiene laws.

That reminds me of a restaurant on the Isle of Man I visited last summer. The 8 tabled ice cream restaurant was required to install a ramp of about 6 inches high costing them £3000 for disability access because of fire risk.

Strange, but true. There is no commonsense in modern law.

pensggs · Joined: 24 Jan 2007 Posts: 372

As a restauranteur, I am well qualified to put in my two penny's worth.

Drewdog101, I agree with you that you should be accorded equal rights regardless of your disability.

Often the ignorance of this law is because of bad training or lack of training facilities in small restaurant businesses. It is alright for the government to make laws that govern the operational activities of the restaurants, however, the government often do not put any monies in the training of these business to meet the requirements of the laws or any grants.

Next, often many small ethnic restaurants are ran by persons with limited ability to interpret the rules and laws of the country relating to their business. In all the years I have been trading, I have not once been approached by the Chinese Restaurant Association or the Chinese Take away Association, etc. to assist in the assimilation of the Disability Laws by the chinese catering businesses. Ignorance is no excuse but it is a barrier to a person like yourself who should equal rights and access to all facilities.

My own take on this is that, I should go the furhter length to accommodate a customer with 'disability' unless the presence is a 'health and safety' threat to my other customers. For example, if your Guide Dog is out of control and threatens the safety of a fellow customer. Each 'health and safety' issues should be assessed on its own merit.

There are some 'laws' made for political expediency and often these laws can lack 'common sense' However, most laws that stand the test of time are good laws to ensure a fair and equal society.

May I suggest that you carry a copy of the relevant laws with you and when you are next refused entry to give them a copy of the relevant laws. Also, you should have with you a standard letter addressed to the management to inform the said establishment of your rights and ask for a written reply as to their refusal to allow you access. Hopefully, in doing so, you will assist Chinese businesses to be aware of the 'seriousness' of denying you access. You would be doing all these businesses a favour.

If we want an excuse, there is always one at every turn. Drewdog101, Good luck and Good Dining.

drewdog101 · Joined: 27 Jan 2009 Posts: 14

pensggs, Thank you for your helpful and reasoned response.

I do, in fact carry with me a standard letter, from the Royal National Institute of the Blind which is addrssed to service providers. This does, among other issues clearly state that guide dogs should be permitted access to food premises and that it is a breech of the DDA not to allow access. On 7 March I showed this document to the restauranteur but, unhappily he still continued to argue that black is which and refused me access. In many instances the letter (or just my reasoned explanation of the law) has the desired effect. However I think that the person with whom I was talking, on 7 March would not have been convinced whatever I'd said to him. I've now raised the matter with my MP and Guide Dogs who are taking it forward on my behalf.

I agree with you that a guide dog should be under proper control at all times. As part of their training they are taught to sit under the table in restaurants. Indeed my guide dog usually falls asleep while I eat. I've seen waiting staff suffer terrible rudeness from drunken customers but never seen a guide dog behaving badly. Having said that, if my dog was covered in mud after running in a park I certainly wouldn't expect to take her into a restaurant, this would be very bad manners on my part and wouldn't be fair to either the restaurant or to other customers.

Good luck with your business.

All the best
Drewdog101

Edwina Lee · Posted: Fri Mar 20, 2009 3:03 pm Post subject:

Drewdog101 & Pensggs,

This looks like an interesting issue to raise through Dimsum's connections.

How should this be carried forward?

Suggestions and takers, anyone?

Edwina xx

drewdog101 · Joined: 27 Jan 2009 Posts: 14

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