Home Brentwood Brentwood: Youth With Service Dog Reportedly Turned Away From CAPS

Brentwood: Youth With Service Dog Reportedly Turned Away From CAPS

by ECT

eastjalina

Over the Labor Day Weekend, a 15-year-old female with a Diabetic Alert Dog was reportedly turned away by CAPS Oak Street Bar and Grill in downtown Brentwood because the restaurant would not allow her dog inside.

According to the girl’s mother, Jamie Bennetts, she and her daughter were attending CAPS to celebrate a friends 50th Anniversary Party where they claim they were refused service.

Bennetts tried to explain the law and the three questions that can be asked, but says the man did not want to listen and told her that it’s their restaurant and they had the right to refuse service to anyone.

Under the Americans with Disabilities Act:

A businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person’s disability. It also says a person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal’s owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.

“We were really unprepared for his reaction; we didn’t see it coming at all,” said Bennetts. “I sometimes carry papers with me explaining the federal law. This man went off. This man was not letting us come in with the dog.”

The entire dinner party at that point got up and left CAPS.

She says her concern was for her daughter who was humiliated and after she went outside, the man at the restaurant came outside and started hollering at her trying to justify his actions.

“The last thing my daughter wants is any additional attention to her, she is already a billboard with the diabetes with the dog. She needs the dog with her because it provides her with alerts which are lifesaving alerts. She needs the dog and hates when things like this come up,” says Bennetts.

In the end, the dinner party walked out and went to Sweeney’s Grill and Bar who they say was very accommodating and had a good time.

Bennetts said she never had a problems with CAPS in the past and had been there many times and likes the restaurant. She also stated that she did not believe bringing the dog would be a problem because it was there with her daughter on Mother’s Day and there was no issue.

“The dog went under the table like she always does,” said Bennetts of the May visit. “We do not bring her by the food. You are trained and so is the dog.”

Bennetts explained their Diabetes Alert Dog has nearly three years of training. Prior to them receiving the dog, it was raised as a guide dog for the blind—even being born in their kennels.

On the night of the incident, Bennetts says the  dog was wearing its identifying jacket for guide dog and dog for diabetes when they entered CAPS.

Elaine Karadais of CAPS said upon the hosting asking what kind of service dog it is, the Bennetts caused a scene. She said they did not refuse service to the dinner party, but only to Jamie Bennetts, and not her daughter or service dog.

“In 17 years of successful operation, we have never refused a service dog or had an ADA violation. We will continue to do what we do best and serve our community. I think it’s very sad that one person can be so malicious and ruin the livelihood of hardworking people,” said Karadais.

Bennetts disagrees with Karadais recollection saying her daughter and service dog were not going to be served. Ultimately, a police report was filed with the Brentwood Police Department and was sent to the District Attorney for potential prosecution.

Bennetts says she is not looking for compensation from the incident, but hopes this can be used as a learning experience so that it never happens to anyone again at CAPS or in another business.

“I never wanted to have this kind of hassle, we just wanted to go in and be with our party and the guy just went off,” said Bennetts. “I am not trying to make them go out of business, but what I hope what comes out of this is he says he is sorry and admits he is wrong. I am hoping through the legal processes (Penal Code) that someone will require him to receive some sort of training and staff development.”

Bennetts also says she is not looking for compensation from the incident, but hopes this can be used as a learning experience so that it never happens to anyone again.

“I don’t want to vilify or hate CAPS. But this incident was not right,” said Bennett.

The following response was issued on Facebook by Dimitri Louis Karadais:

As the owner of Cap’s Oak Street Bar & Grill in Brentwood, I would like to state that our restaurant fully supports and allows the use of service dogs by our patrons. We welcome the dogs that help our customers enjoy their dining experience and make their lives more comfortable.

We also comply with all local, state, and federal laws that prohibit non-service dogs from entering the restaurant. These laws exist to protect the health and welfare of the public and restaurant patrons.

These sometimes conflicting policies can create confusion for restaurant management and staff. When a patron enters the restaurant with a dog, we can usually discern whether or not the dog is a service dog. But, we can’t always tell, and believe it or not, everyone who enters with a dog claims it is a service dog.

We try our best to determine whether or not the furry friend is a service dog, but they do not always have visual signs confirming they are a service dog and the type of service they provide. When in doubt, we usually ask for some confirmation that the dog is allowed by law the special exemption that allows them into restaurants.

Sometimes this policy is disturbing to patrons, but we are doing our best to have a safe environment for all patrons.

We recently had an occurrence at our restaurant where a patron entered with a service dog. In this particular case, we were uncertain about the dog’s status and questioned the person about the type of service the dog provided.

The patron was upset about our inquiry. She knew the dog was a service dog and what service it provided, but we did not know and had no way to know. I’m sure she did not fully understand we were attempting to make her comfortable as well as the rest of our guests. We sincerely regret any inconvenience or distress caused by the policy.

Here is the California Penal Code regarding service dogs:

365.5. (a) Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state, shall be entitled to have with him or her a specially trained guide dog, signal dog, or service dog.

(b) No blind person, deaf person, or disabled person and his or her specially trained guide dog, signal dog, or service dog shall be denied admittance to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians’ offices, telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited within this state because of that guide dog, signal dog, or service dog.

(c) Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who prevents a disabled person from exercising, or interferes with a disabled person in the exercise of, the rights specified in this section is guilty of a misdemeanor, punishable by a fine not exceeding two thousand five hundred dollars ($2,500).

(d) As used in this section, “guide dog” means any guide dog or Seeing Eye dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).

(e) As used in this section, “signal dog” means any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds.

(f) As used in this section, “service dog” means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

(g) (1) Nothing in this section is intended to affect any civil remedies available for a violation of this section.

(2) This section is intended to provide equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).

(h) The exercise of rights specified in subdivisions (a) and (b) by any person may not be conditioned upon payment of any extra charge, provided that the person shall be liable for any provable damage done to the premises or facilities by his or her dog.

(i) Any trainer or individual with a disability may take dogs in any of the places specified in subdivisions (a) and (b) for the purpose of training the dogs as guide dogs, signal dogs, or service dogs. The person shall ensure that the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk or animal control department as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog.

365.6. (a) Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing the guide, signal, or service dog or mobility aid user or his or her guide, signal, or service dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500), or both that fine and   (b) As used in this section, the following definitions shall apply:

(1) “Mobility aid” means any device enabling a person with a disability, as defined in subdivision (b) of Section 54 of the Civil Code, to travel independently, including, but not limited to, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, a wheelchair, walker or white cane.

(2) “Guide, signal, or service dog” means any dog trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, or fetching dropped items.

(c) Nothing in this section is intended to affect any civil remedies available for a violation of this section.

365.7. (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) As used in this section, “owner” means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.

 

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62 comments

JimSimmons 42 Sep 4, 2014 - 12:10 pm

Just disgusting!!! Shame on CAPS and nice job Sweeney’s for using common sense.

Val Sep 4, 2014 - 12:19 pm

CAPS should feel very lucky that if accurate, the Bennetts are not looking for compensation, just hoping some training is completed.

Mark medina Sep 4, 2014 - 12:19 pm

Before you write a one sided article you should know the facts and both sides of the story . The lady got ride when asked for the paperwork for the dog . She then started making a scene and calling names in which then she was denies service . She’s trying to make the dog the issue when it was clearly her quick temper to cuss and call names when asked for the dogs paperwork is all .

EastCountyToday Sep 4, 2014 - 12:21 pm

@Mark

Americans with Disabilities Act:

A businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person’s disability. It also says a person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal’s owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.

Bob Sep 4, 2014 - 12:52 pm

One minor point: The ADA part you quoted says “cannot REQUIRE special ID cards for the animal” but does not say they can’t ASK for such a document. Asking for that and getting it would end the situation. Asking that and not getting would probably just lead to asking the other questions they may ask.

Michele K Sep 4, 2014 - 2:52 pm

No Bob, they cannot even “ask” for documentation. All they can ask is “Is this a Service Dog” and they can ask “What service does the dog do”? You cannot ask for paperwork & you cannot ask what the disability is.

Michele Sep 4, 2014 - 2:48 pm

They had no right to ask her for any paperwork!!!!! I do not know of many Service Dog owners who carry their paperwork; usually it is kept at home in a safe place so they do not ever risk losing it!! The dog had his Vest on and had his tag, they had no right to ask for anything further!!!

Leslie Sep 4, 2014 - 3:20 pm

Sounds like you might have been there Mark… were you? If not, then it’s pretty tough to determine which side was correct. It seemed both sides were represented in the article.

Dennis Sep 4, 2014 - 8:36 pm

You can not ask for paper work .. And she does not have to show any. So you should be aware of the law before you comment on what the girl did or said..

p5ret Sep 4, 2014 - 12:24 pm

The problem is that there is no requirement for anyone to prove that their dog is a service animal. Now in this case it is quite obvious and the business was wrong. How many times have any of us seen someone in a grocery store, or damn near any other store with a small dog in a shopping basket? Most store employee’s are too fearful to say anything, because they get attitude and the line “it’s a service dog”. There is no standard for identifying a service dog, and you can buy tag’s off the internet that say service dog. Maybe we should all step back and examine the behavior of people that has caused incidents like this to happen in the first place.

Reality Check Sep 4, 2014 - 12:29 pm

One sided, one sided would be if CAPS side was not included. I see two quotes from the owners. Sounds to me by your post you are one sided. CAPS should just say they are sorry and move on. Were you there to witness this quick temper or did you just hear about it and run your fingers on a key board?

Dave Sep 4, 2014 - 12:39 pm

Mark,
I think you are missing the point. They are not allowed to ask for paperwork. If you run a business it is your responsibility to know the ada laws. I am sure the lady flipped because it is embarrassing for her kid and they were overstepping their bounds. I love Caps and the people who own it are very good people. I think they are just really misinformed in this case.

Chuck Varnado Sep 4, 2014 - 12:59 pm

If you can’t ask a handicap driver to prove they are allowed to park in a handicap spot, I do not see why a service dog would need to prove either.

Julio Sep 7, 2014 - 5:09 pm

Chuck I am required to carry my placard registration which is also my car registration and show when asked.

Free Country Sep 4, 2014 - 1:00 pm

It’s their business and should be able to refuse service to anyone.

Righteous in the 'Wood Sep 4, 2014 - 1:57 pm

I’ve been denied service when I tried to bring in my service alligator.

"Lefty" O'Toole Sep 4, 2014 - 2:19 pm

Sorry, @Righteous, your service animal should not be capable of dismembering the other customers ;->

Righteous in the 'Wood Sep 4, 2014 - 7:03 pm

Must be why they callyou Left?

"Lefty" O'Toole Sep 4, 2014 - 10:30 pm

I’m feeling old…way back when, there were some Mug root beer radio commercials featuring odd professions. Lefty O’toole was their alligator trainer.

CaptainKlutz Sep 4, 2014 - 2:05 pm

Maybe it’s time to give the folks who need service animals a wallet card with a photo of the animal and something describing the need. I’m thinking along the lines of the parking placards for disabled folks. Even a special license type collar tag might work. It would need to be official to keep the internet “service animal” vest sellers out of it.

There are too many abusers out there…somewhere there’s a happy medium between personal and public needs.

Michele K Sep 4, 2014 - 2:55 pm

Right now Lawmakers are in the process of changing the law to require such, as many people have taken it upon themselves to take advantage of Service Dogs. Until then, the current laws have to be obeyed. It is very unfortunate for those whose lives depend on their Service Animal when people take advantage!!!

JamieB Sep 4, 2014 - 5:23 pm

We would more than gladly carry a card if a standardized ID card existed, and it were part of the law. We know very well that it can be hard for some people to accept the importance and validity of a service dog when the disability is “invisible,” as in this case.

Julio Sep 4, 2014 - 2:56 pm

A with CaptainKlutz. It would make it clear for everyone. The lady may have been just as much at fault as Caps. She sounds like she has a chip on her shouder.

Amber Sep 4, 2014 - 2:58 pm

I don’t want dog hair in my food regardless of your disability and I’ve never even heard of a diabetic alert dog that right there tells you something about these people. I grew up with a kid that had diabetes he had no dog and he was fine additionally I find it completely unnecessary for the dog to come along for dinner if the parents were watching what the child ate. Sounds like lazy parenting and a drama queen mom.

CaptainKlutz Sep 4, 2014 - 3:03 pm

Amber, my sister was diabetic. I’ve seen these dogs in action; they can give critical warning before a seizure strikes. Perhaps if my sister had had one, she’d still be alive…maybe still missing the toes she lost, but alive.

Julio Sep 4, 2014 - 3:39 pm

Yes Amber, there are many kinds of medical dogs that perform lifesaving duties. I agree they should all have ID cards though. Like handicap hangers they are abused.

So over CAPs. Sep 4, 2014 - 10:56 pm

Great reply! Sorry about your sister. People who don’t have an open mind enough to realize all disibilites have different levels and not everyone needs the same care. I think these dogs are wonderful especially to kids. It’s hard enough for adults to remember meds. I will take a dog hair in my soup over a prejudiced establishment.

Michele Sep 4, 2014 - 3:50 pm

Amber, you are fortunate you are not a Diabetic or have Hypoglycemia and hopefully you never will be because you obviously have no education on Diabetes/Hypoglycemia and their needs to stay alive. A Blood Sugar Alert Dog can mean the difference between life and death for a person who has Diabetes or Hypoglycemia. It has nothing to do with “what they eat” it has to do with the levels of Insulin in your blood—-educate yourself and pray you or your kids never have it. Diabetic Alert Dogs are to be with their subjects AT ALL TIMES!!!!!

JamieB Sep 4, 2014 - 5:44 pm

This might be the most bigoted, ignorant comment I have read yet. Not every blind or visually impaired person chooses to have a guide dog, either, but those who choose to have one find that it enhances their safety, well-being and independence. In the case of diabetic alert dogs, a diabetic definitely can live without one — but the diabetic also can die without one. My daughter has, on a couple of occasions (three times at school, and twice during the night) dropped so low (in blood sugar) that she would have gone into a coma without carbs (sugar, honey, juice, glucose) in a big hurry. The dog gives her precious minutes of warning when she does not feel the low coming (which is often). The dog catches my daughter’s lows on a more-than-daily basis. For the first two years after she was diagnosed at age 12, I set my alarm to awaken me two to three times a night so I could awaken my daughter and test her blood sugar. Is that lazy? You have no idea what it feels like to worry if your child will die in her sleep, or go to the bathroom at school because she feels off, and lapse into unconsciousness, and not be found. She is in high school now, and I cannot go with her all day, every day. Is that lazy? It is not drama, it is the reality of Type 1 diabetes. I wish I were the queen of it so I could command it to go away. I am just a mom who obtained the best tool available to help my daughter lead her life independently — this amazing dog. If you think we are exaggerating about the way things are, ask the parent of any child with Type 1 diabetes. We are so lucky that few people today are so ignorant, and that these amazing dogs have been developed to detect the serious danger of hypoglycemic events. By the way, if you wish to learn more so you won’t be the last to know, please go to http://www.dogs4diabetics.com and learn about Type 1 diabetes and these amazing dogs. Also go to Canine Companions for Independence (www.cci.org) to learn about the amazing dogs they train to help paraplegics, people who have lost limbs, and who have other physical issues that prevent them from performing some of the ordinary tasks in life. There are highly trained dogs that can detect oncoming epileptic seizures and heart attacks, and perform many other amazing feats. This is a whole new world of research that is making people’s lives better.

USMCMOM Sep 4, 2014 - 11:02 pm

You have my support! Mean people can’t understand because they are self centered. Life with fix them along the way. You have a right to sleep and live as best you can with a ill child.

JamieB Sep 6, 2014 - 9:51 am

My comment above was directed to Amber.

Righteous in the 'Wood Sep 4, 2014 - 7:06 pm

I’m guessing you walked to school in the snow barefoot uphill both ways, can remember when Ike was still thinking of running for President, and have a hard time with technology. If you can figure out how to post here, surely you can Google service dog capabilities. You’re a Luddite.

Righteous in the 'Wood Sep 4, 2014 - 7:07 pm

@Amber…

Josey Wales Sep 5, 2014 - 4:08 pm

It tells me you’re pretty ignorant!

Larry Sep 4, 2014 - 3:18 pm

I love Caps. But after this I won’t be back.

Frances Sep 15, 2014 - 6:02 pm

This is not an isolated incident from the owner. In 2002, when we were raising Guide Dog puppies, the owner created a scene refusing us entry. We were calm, polite and respectful at all times. His son even tried to back him off but he just kept on. We didn’t go back for many years, and it was our favorite restaurant at the time. We thought the owner had changed but it looks like he hasn’t. We will never go back again.

don Sep 4, 2014 - 4:26 pm

I have been asked several times to show my blue card when parking in a handicapped zone. I showed my card and went on my way. I would not want to eat next to a dog.

David V. Sep 4, 2014 - 4:50 pm

Ignorant Amber…You are the problem with this world and exactly the reason this problem happened in the first place. I bet there is more dog and cat hair coming into an eating establishment on the employees and customers clothes than a service dog leaves behind. They are sitting under a table, Not on top of your plate. Worst of all you don’t even know that Diabetic alert dogs are completely legitimate and alert an owner to a blood sugar change almost immediately and even before a glucometer can register the change. I would suggest some homework for you. Go to http://www.dogs4diabetics.com and do some research, after that then you can post your ignorant comments.

Where did Antioch go wrong??????? Sep 4, 2014 - 5:27 pm

So what are the rights of people that have bad allegies to animals or who are deathly afraid of dogs. I do understand that service dogs are needed but people take advantage of this and they should be required to show something to prove that the dog is providing a service. Most service dogs are well behaved but I do not like sitting next to a dog or animal while I eat. I am an animal lover, as I have two dogs. When dinner is served they are not in the kitchen. Just an opinion and no disrect to people who are disabled with service dogs.

CAPS no more Sep 4, 2014 - 5:34 pm

I’m amazed at the ingnorant rants reguarding a disabled persons rights. As it stands, disabled people have to still fight for rights and you ignorants want to send them back 20 years. 30 years ago a person in wheel chair couldn’t get into a restaurant without assistance. I’m sure I could find CAPS non compliant on many ADA rights Guess we advocates should see just how compliant they are. I had my last meal there 3 months ago when I reserved a table upstairs. Instead we had a table downstairs next to the kitchen. The male host was dressed in a old unpressed suit. He was unshaven, walking around with his hands behind his back. I felt like I was in one of the local smoke shops around Antioch. No one cared we had a reservation. 1 hour to get menus or water. The food came another 2 hours, rushed during meal, no offer of desert.. Called owner twice, no response. I thought maybe there were new owners. The food was barley 3 stars. Cold food for what they charge, redicululis. We had gone to CAPS about a year ago, but never again. This was for my sons going away to college dinner. Loud, noisy and lack of attentiveness. Yelp your experience and hope is not deleted.

kat Sep 4, 2014 - 5:47 pm

It is hard enough.for these kids without being questioned or hassled. I won’t go there again.

Dawn Sep 4, 2014 - 5:57 pm

People here are being complete A-holes. Have some compassion for a 15yo girl. The owner could just say sorry and I am sure that would be the end of it, instead I see him running his mouth on social media. Whatever happened to the customer is always right? Shame on CAPS!

RJB Sep 4, 2014 - 6:10 pm

Lots of people are allergic to pet dander and most do not want to eat around an animal. Furthermore, CAPS is not a government owned business it is a PRIVATE establishment. If you don’t want to eat there it is your right as well as choosing to eat there.

The article further states that the issue escalated when the customer started to make a scene. Who the heck wants some loud mouthed person next to them eating?

Bigots? I think not. You need to check common sense and logic before running your mouths about bigotry. I’m surprised no one has THROWN THE RACIST card yet.

I, for one, will continue to so business with Caps.

My2cents Sep 5, 2014 - 11:22 am

CAPS services to the public. They are required to abide by the law. You are correct they are private….a private BUSINESS not a private home. Like it or not, they broke the law and may get fined. They can most definately be shut down for that. Just like a restaurant would be shit down for selling alcohol to a minor, but not someone in a private home.

RJB Sep 5, 2014 - 9:34 pm

Unless you have the title of Honorable Judge before your name, please don’t try to exercise your stupidity by claiming who or what law was broken. Keep your two cents to yourself.

cherry_crush94565 Sep 5, 2014 - 11:52 pm

RJB … Always quick to get to the name calling!

RJB Sep 6, 2014 - 7:17 am

Cherry crush.. Always quick to mis-comprehend and with the false accusations.

Busterbnutz Sep 24, 2014 - 4:16 am

If they serve the public and you aren’t required to be a “member” then they are public and subject to the ADA. I take my big poodle DAD everywhere and dander is never an issue with my hypo-allergenic dog.

Sometimes it takes a ‘scene” when ignorant business owners think they can only serve who they want and deny service dogs. As a person with a SD, we get tired of trying to educate the uninformed know-it alls sometimes and just want to be served like everyone else. It can take us twice as long to shop or eat out when you have people coming at you constantly about the dog.

Remember, the dog doesn’t have rights, its a medical appliance to a person disabled by ADA standards and yes diabetics qualify.Unfortunately, the enforcement behind the ADA is so backed up with complaints that it takes 8 months to a year before they get to them now and you need their approval before a civil suit can follow . I’m glad we have local laws in my state and I carry it with me to show officers who don’t know it, denied service is a fine up to 1000 here and it is a crime.

Chuck Sep 4, 2014 - 7:07 pm

No more CAPS for me. I never liked the place anyway.

Jesse James Sep 4, 2014 - 7:38 pm

Wow! As a parent of two kids with special needs there is a time when you just get tired of all the looks, the questions, or just plain being judged. No body knows what her mother had been through that day or what her daughter had encountered as well. I do know one thing, I will not be frequenting this establishment anytime soon.

Dennis Sep 4, 2014 - 8:32 pm

Does the owner know he can only ask 2 Questions? And I am sure she told him. He is making excuses to try and get around the law.

Lady Sep 4, 2014 - 10:39 pm

Caps did our family the same way and my grandmother had a seeing eye dog and we were told we could not eat there and they had a right as a business owner to say who he wants in the establishment or not.

Dave Sep 4, 2014 - 8:50 pm

I find a good number of comments posted here show just how people are uninformed and uneducated about the important role of medical alert service dogs and the laws that govern them. Very sad.

Lisa Sep 5, 2014 - 6:57 am

There are diabetic alert dogs and this dog is a legitimate service dog. You should have a little compassion instead of displaying your ignorance. And do a little research on why this dog is important for Type 1 diabetics. http://Www.dogs4diabetics.com

Lisa Sep 5, 2014 - 7:47 am

This comment was meant for Amber.

Gina Sep 5, 2014 - 7:23 am

I am sorry but CAPS should not have refused service. That is totally ridiculous. The young girl walked in with her family and her medical alert dog. Really?! Like this family just decided to bring in a dog for no reason. People need to be more educated and have a decent heart towards these situations. I do not blame the mother for being upset and loud. As a parent, knowing my daughter already had an health issue, and having to use a medical alert dog to in all means, to protect her life, I would definitely get annoyed and loud with these people. And those people stating they do not want dog hair in their food, LOL, honestly, I am sure you have had worse in your food eating out and do not even know it. Educate yourselves people!

Ralph Hendrix Sep 5, 2014 - 3:42 pm

I am the Executive Director of Dogs for Diabetics. This was an unfortunate and traumatic experience for our young client, their family and the people at the dinner party to which they were invited. We train our clients regarding their rights of access and focus on education versus confrontation.

Based on the several people that I have interviewed regarding the incident, the family acted appropriately and are following the incident to hopefully resolve it in an appropriate fashion. This is a kind, rational and wonderful family who are raising a great young lady, regardless of a severe medical condition that requires constant attention and support.

Type I diabetes is a lifetime condition for which there is no cure. Diabetes is the leading cause of blindness as well as the leading cause of amputations in the United States. It is a disease with many other severe chronic outcomes if not properly controlled. Insulin therapy, which is mandatory for a Type I diabetic is not a choice, it is needed to sustain life. It is a complicated and difficult therapy to manage, especially for children. Low blood sugar (Hypoglycemia) is a side effect of insulin therapy and if not caught in time can result in a coma or even death in very short period of time.

These dogs provide support that is not available through current man-made technology. Dogs for Diabetics provides these dogs to its clients at no charge through the generous support of donors and volunteers. We are a small organization in Contra Costa County, but are recognized as the first assistance dog organization in the world to be accredited by Assistance Dog International to perform this life-saving work,. Our primary partner is Guide Dogs for the Blind, who supplies most of our highly trained and socialized dogs.

Our hope is that this incident will point out the critical services performed by legitimate service dogs and the life-saving and life-enhancing support they provide to their handlers. Please respect persons with medical conditions who are using service dogs in a sound and appropriate way. Some of the dialogue posted herein does not seem to understand the critical nature of this disease, nor the reason for the rational use of this type of support. Please open your minds and hearts.

Julio Sep 7, 2014 - 5:20 pm

Mr Hendrix, Thank you commenting. My young brother was diagnosed Type 1 in 1948 age 10. A terrible disease to have at any age. I wish they had these wonderful dogs back then. He would have had a much better and longer life. Thank you to your organization.

RJB Sep 5, 2014 - 9:39 pm

I can’t wait to see how this plays out in court, if it actually does. There are two sides to every story, not just what is reported in this article.

Where did Antioch go wrong??????? Sep 5, 2014 - 9:46 pm

Ralph, I don’t think people posting their opinions are against service dogs. The problem is people who take advantage of the situation. I have seen people take dogs (pets) in every place imaginable with no regard for other people around them. I stood in a grocery store line a few weeks ago and watched a jack ass put his small dog down on the check out conveyer belt area while he pulled his money oiut of his pocket. It is those people that should be slammed on a blog like this one. I appreciate the education, as I did not know there were service dogs out there for diabetics. I think the problem here was employees seeing a young girl who probably is healthy looking and figured she was just bringing in a pet. This type of stuff happens all of the time and I could see a lot of people making this same mistake that CAPs made. I guess it is up to what story you believe as to who bare the most of the blame. I would say this to the mother of the girl. Even though people may judge this situation wrong, try to educate people as to the purpose of the service dog. Like I said, I did not even know of this type of service dog. And if you did try to educate and not fly of the handle then CAPS deserves this blog.

The Girl With The Dog Sep 7, 2014 - 11:22 pm

To the people who have expressed their thoughts and opinions on the matter of Cap’s and the service dog incident:

I have made an attempt to refrain from getting involved in the heated discussions about whether Cap’s turned down the “youth with the service dog.” I must say that I am appalled at some of things people are saying, given that almost none of you were there. My name is Miranda and I am the 15-year-old girl with the service dog, who was denied access into the restaurant of Cap’s on August 30th. I just want to start by saying that I never expected any of this to happen. My family and I didn’t intend to start a controversy and we certainly never meant for it to blow up this big. I feel as though many of you are making remarks without considering that I am actually a person who exists and feels. For those of you who are unsure of the real story, all I can offer is my own perspective. On August 30th, my family friends were celebrating their 50th wedding anniversary and they had made reservations at Cap’s, weeks in advance. My family and I, dog included, arrived a few minutes later than the rest of party, who had already been seated. I was expecting no conflict, given that I have brought my service dog there on other occasions.

However, when we got inside, the woman who was at the hosting counter immediately began saying that there would be no room for the dog, since it was very crowded inside. My mom told her that the dog would be no trouble and potentially unnoticeable, once she was downed underneath the table, as she’s been trained to do. The woman repeated that it would just be too crowded. Just then, an older man came in and said that we could not bring the dog inside. I told him that it was a service dog, clearly identified by her service jacket, but he said that we could not bring the dog in unless we produced some paperwork. For those of you who are unaware, paperwork is not and cannot be required in any business of the state; it’s a law. My mother tried to explain this to the man, but he was clearly becoming agitated and his voice began growing louder. He kept repeating that we could not bring the dog in until we showed him paperwork. I was fairly uncomfortable and remained quiet as my mom tried to explain that it was against the law. The man refused to listen, demanding that he was right. At this point, my mom told them that if they would not let us in, then she would have to call the police. It wasn’t until she said this, that the woman who had been standing at the hosting counter said that she would seat us. But, I can honestly say that I was not interested in being seated while this man was hollering at me. He made it perfectly clear that we could not be seated respectfully until we produced paperwork and that he could be fined $1,500.

I was humiliated by the man’s words and anger, and I went outside where I had a good cry, being overwhelmed by it all. I am not a witness of what happened between my mom and the owners after I went outside, but I can tell you that we were denied access long before anyone made any rude remarks. A few minutes later, the door opened and the man came storming outside where he proceeded to raise his voice at me and say, “Don’t be mad at me! I will be fined $1500! To hell with you!” He stormed away and the whole party of people, who were there for the celebration, left Cap’s and went to Sweeney’s, down the street. After our evening came to an end, we called a Brentwood police officer who heard us out and then made a trip to Cap’s, where she got the owners side of the story, as well. The officer came to our house the next day and told us that the owner admitted he would not let the dog in without papers, and believed it was his right to do so, because it was his restaurant. This is not opinion; it’s fact.

For those of you who are accusing my family and I of being attention-seekers since we posted it on Facebook, I will inform you that the story was first put on Facebook by someone else from the dinner party, who was upset that the celebration had been ruined. No one from my immediate family said anything over the social media site until it exploded with comments that my parents felt the need to answer to. As for me, I didn’t actually read anything on any of the social media sites until Friday….and I was horrified. I was horrified at the lack of knowledge that was just being blatantly posted and the awful things that were being said about both my family AND about Cap’s. Our intentions aren’t, and never were, to ruin Cap’s, take their money, or kill their business. For those of you who claim my parents are gold diggers trying to make money off of my disability: We aren’t even suing the restaurant, so I don’t understand what money you think we’re making out of any of this. The only thing we expect is for the Cap’s owners to allow us to explain the law; to educate them. I want to HELP them, not hurt them. I want to prevent this from happening again, and I want to show the staff some of the ways they can identify legit service dogs in a respectful way. I am not in any way out for revenge or angry with the restaurant. I am well aware of people who abuse the rights of service animals and how frustrating this can be for business owners; it frustrates me too. I have had several experiences with people who bring their purse poodles into a place and claim that they’re service animals. I can relate to the frustration because this makes me and my service dog look bad, as well. I want to clarify that my family has no personal quarrels with Cap’s. We’ve been going to this restaurant for years, and we enjoyed it every time. This is the only time we’ve had a bad experience and I understand that it is simply because the owners are ignorant to the laws and to the validity of service dogs that assist Type 1 Diabetics.

To help some of you understand, I would like to explain these laws and why I need this dog. I am a Type 1 Diabetic and I was diagnosed at 12 years old, on July 25th of 2011. It was a traumatic, life-changing experience. I spent a week in the hospital learning how to give myself injections of insulin and test my blood sugar. I was told that I needed to do this in order to live. I regularly experience hypoglycemic attacks, each one as terrifying as the last. These hypoglycemic attacks are more commonly known as low blood sugar. In many cases, a diabetic’s body will actually grow accustomed to the symptoms of low blood sugar, making it so you aren’t aware until you are unconscious. About two years ago, I learned of a non-profit organization called Dogs for Diabetics (D4D). This organization trains dogs, many of which were bred in the Guide Dogs for the Blind kennels, to alert a diabetic when their blood sugar is dropping or already dangerously low. We applied and were accepted as clients. For 5 months, my mom and I attended classes at a training center, where we learned how to properly handle a service dog and what laws we needed to know for situation just like this one. These dogs are literally life-savers. My service dog has saved my life on several occasions, including waking me up in the middle of the night. In direct response to a woman who made a remark about a childhood friend having diabetes and never needing a dog: it is entirely true that not every diabetic needs a service dog to live a happy, healthy life. I guess I would explain that the dog is a tool that helps me. It is a tool that I have decided helps me live happier, healthier, and more independently.

Every diabetic is different in the way they handle their diabetes, physically and mentally. In my own opinion, there are three ways you can approach a disability like this: you can hate it, accept it, or take pride in it. Of all those options, I have had more success in taking pride in it and in doing all that I can to love myself and my life despite this disability. However, I do not deny that, at times, it gets very hard to stay positive and that, yes, I naturally stick out because I have a service dog. But, in the end, I know it’s worth it. Allow me to stress my point to the people who are accusing me of trying to get attention: you are very wrong. There is big difference between trying to educate and inform, and trying to get attention. It is insulting to say that I am throwing a pity party, given that you have nothing to pity me for. I don’t want your pity. I want you to understand. The ADA (American with Disabilities Act) clearly states that a business cannot demand any form of paperwork. “Service dogs are defined as animals that are individually trained to do work or perform tasks for people with disabilities. Under the ADA, state and local governments, businesses and nonprofit organizations that serve the public must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go.” This is the law. We have read and understood your thoughts and opinions. Being the person that this whole controversy revolves around, I don’t think it is a ridiculous request to ask that it stop now. I am asking you to stop accusing my family and I of things you are clearly wrong about. I am asking you stop hating Cap’s, because I don’t, and there’s no reason to. They made a mistake and it is being handled by authorities who are fully aware of the laws and how to approach the situation. Thank you to each and every one of you who have taken the time to show your concern throughout this unfortunate experience.

~Miranda

CaptainKlutz Sep 8, 2014 - 7:07 pm

Miranda – What a gracious note. I’m sorry this happened to you but it sounds like you and your family are taking this as an educational opportunity and that’s a good thing.

Cheers!

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