Discrimination Against Hearing Ear Dogs


Photo by Richard Lautens, Toronto Star.

Photo by Richard Lautens, Toronto Star.

On Thursday April 18th at around 12:30 p.m., I attempted to go for lunch with my two work colleagues at a restaurant called Spring Rolls.  When we arrived, the manager told us we could not bring my Hearing Ear Dog in.  We immediately informed him that this was not a pet but a Hearing Ear Dog and as such was legally entitled to come into the restaurant.  He still continued to refuse to seat us, telling us first that Health Code laws prohibit this.  We told him this was nonsense and in fact the law allows me to bring a Hearing Ear Dog into the restaurant.  He still refused, saying that we cannot have a dog near other customers.  Again, we pointed out this was nonsense as well and the law allows us to be served.  He then proceeded to suggest we sit on the patio or in an upper area of the restaurant that was closed, but he would reopen so we would not be seen near anyone else.  We rejected those two options.  First, it was not warm outside and did not want to sit on the patio.  Second, segregation is also a form of discrimination.  We don’t segregate on the basis of skin colour, gender, or anything else, so why should I be segregated because of reliance on a Hearing Ear Dog?

After about 5 minutes of arguing, and his continual refusal to serve us, we were forced to leave.  We then proceeded to be served without any problems whatsoever at Jack Astors.

Lets review what the Ontario Human Rights Code says.

Ontario’s Human Rights Code  is a provincial law that gives everybody equal rights and opportunities without discrimination in the social areas of:

  1. employment
  2. accommodation
  3. goods, services and facilities
  4. contracts
  5. membership in vocational associations and trade unions

The Code’s goal is to prevent discrimination and harassment because of many areas (race, gender, age sexual orientation etc.), including disability.  Section 10 (1) of the Code defines “disability” as follows:

“because of disability” means for the reason that the person has or has had, or is believed to have or have had,

  1. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
  2. a condition of mental impairment or a developmental disability,
  3. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
  4. a mental disorder, or
  5. an injury or disability for which benefits were claimed or received under the insurance plan established under theWorkplace Safety and Insurance Act, 1997

The two relevant themes are that I was discriminated in the social area of “goods and services” due to a “disability“.

Through various contacts, two media outlets were contacted and agreed to do a story on this issue.  The Toronto Star published an excellent article.  Here are the contents of the article.

Interesting how the manager has modified his story to the Toronto Star reporter.  The article states the following.

“At the Spring Rolls restaurant on Queen St. W., Rupinder Bahl told the Star the reason Stelmacovich and his friends were offered seats upstairs or outside was because the tables at the front were either occupied or reserved. Stelmacovich, however, says many of the tables up front were empty.

When the restaurateur was asked if he understood that under Ontario’s Human Rights Code Stelmacovich cannot be refused proper service, Bahl said the dog didn’t need to be inside because he had friends who could help. Asked if he refused proper service he said, “Of course not.””

Point of clarification.  The restaurant was almost three quarters empty.  He never mentioned the need for reservations, this is something he made up after our incident.  The only reason he offered the upstairs area was to segregate us.  This was a special area used for parties and events and was not open to the public.  There was absolutely no reason that we could not have been seated in the normal part of the restaurant.

In addition to this article, the CBC also sent a camera crew to interview us.  This segment appeared on CBC on Saturday April 20 on the local Toronto 6 p.m. news.  Here is a link to the story of the CBC website.

Again, he brings up the lie about reservations.  Here is the relevant quote:

“The manager of the Spring Rolls restaurant didn’t want to appear on camera — but over the phone he told CBC News it was never his intention to offend anyone. He said the empty tables were for other patrons with reservations and he offered to welcome Stelmacovich back with a free meal.”

I told both reporters from the CBC and the Toronto Star that I will not file a Human Rights Complaint under the following conditions:

  1. That he acknowledges that he made a serious mistake by discriminating against me.
  2. He apologizes for this error.
  3. That he guarantees that it will not happen again not only to myself, but to anyone who relies on a service dog.

He failed to do that.  As such, I will be forced to proceed with a formal Human Rights Complaint.

Some may wonder, why bother with the hassle? My experience recently in Ottawa is the reason.  Before, when I had Amie, my previous Hearing Ear Dog, I had some incidents with taxi cab drivers.  However, when I went again to Ottawa with Flora, all the taxi cab drivers were excellent.  I asked one driver what he knew about the rules on service dogs  and he replied “Yes, we have be clearly instructed we must take people with service dogs”.  Obviously someone took a stand, and by doing so, made my life easier.

Now it is time for me to return the favor.  So this is not about me, or Flora, and a free meal.  This is about all people who rely on service dogs and face this kind of discrimination every day.

Keep your free meal buddy.

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