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.

aa) Answer the following questions about Giovanni and Cathy's situation.

? What breach has the café committed?

 ? What could be the legal consequences of this scenario?

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

 

Answer

1. The café violated the Guide Dog Access Law or Dog Act of 1976 Section 8 which states that a blind person is entitled to be accompanied by a guide dog/assistance dog in any building or place open to or used by the public and they are not guilty of any offense. The cafe also violated the Disability Discrimation Act of 1992 Section 8 which is about discrimation in relation to assistance animals.

2. Sanctions and penalties depend on the state. Generally, breech of these law will require imprisonment, a fine to be payed, or both. For example in the state of California, any person who prevents and denies a disabled person from exercising her right will will be fined not exceeding 2500 USD. A person who interferes with the use of a guide dog is punishable by imprisonment in a county jail not exceeding 6 months or be given a fine of not less than 1500 USD and not more then 2500 USD, or both

3.Both Giovanni and Cathy would feel distress and discrimination. Giovanni would feel that his rights as a disabled person is violated. This situation would cause a negative impact psychologically , and they would feel that permission must be retrieved first before a guide dog is allowed in a public area. In some situations maybe, Giovanni would insist not to use a guide dog and rely on a cane or a carer.