After fulfilling conditions of the court, all charges against CAPS Oak Street Bar and Grill in downtown Brentwood were dropped on March 26 according to the Contra Costa District Attorneys Office.
The complaint occurred in September 2014 when 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. The 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.
Brentwood Police investigated the complaint and eventually filed charges. CAPS was charged with violating Penal Code Animal Access for Disabled as well as the defendant being charged a Probation Violation.
The Bennetts have said from the start they were not out for compensation, but hoped that this incident could be used as a learning experience so it would never happen again and other businesses could become aware of the laws.
No money was awarded, however the Bennetts wanted an apology and for the defendant to learn the laws. The court agreed to the Bennetts request.
According to Nancy Georgiou, Senior Deputy District Attorney, there was proof of completion of two ADA courses and a letter of apology which was written from the defendant. Because of those requested actions being completed, the case was dismissed.
“This decision appears it was used as an educational opportunity to ensure it never happens again,” said Georgiou.
Jamie Bennetts was pleased with the outcome saying she hopes no one else has to experience what they went through.
“We are really grateful to the Brentwood Police Department for investigating our complaint and grateful to the District Attorneys Office to file it because a lot of places wont take this complaint seriously,” said Jamie Bennetts, “I am really glad that they had to learn what the law is so they can be more careful with other customers.
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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And if a dog enters our store during a health dept. insp., we will be in violation and fined!!????