NewsChannel 3 Investigates: Los Alamos Restaurant Settles Complaint Over ADA Dispute
The Americans with Disabilities Act, or the ADA, has been the law since 19-90.
But, there is still so much confusion that leads to disputes and in some cases lawsuits.
On Dec. 27, 2014, the Rev. Steve Sterry, his wife and his trained hearing dog Montera sat down for dinner at Charlie’s Restaurant in Los Alamos.
Steve Sterry had stopped there to eat before during business trips from his home in Orange County. The other times he sat outside on the patio with Montera.
“Well, the night we showed up it happened to be 46 degree weather,” said Sterry during an interview with NewsChannel 3.
So they sat inside and looked forward to Charlie’s tri-tip and his house Cabernet. They never got the chance to enjoy them.
“My waitress said the dog was a little bit unappropriate. He did something I don’t want to say it on TV,” said Charlie Gonzales owner of Charlie’s Restaurant.
He admits he wasn’t at the restaurant when the waitress confronted the Sterry’s about the dog.
“She asked to see the papers. He didn’t show her no papers and so when I got there I said, ‘You know, the dog has to leave you know’,” said Gonzales.
“I said, ‘I’m sorry, but she’s a service dog’. And he said, ‘I don’t care what it is, this is my restaurant and it’s up to me and I don’t allow dogs in my dining room’,” said Sterry.
“It was embarrassing and hurtful and I wasn’t expecting it,” said Jeannie Sterry, Steve’s wife.
“He got up and his wife thanked me and everything, did a little apology. I shook her hand, wished her a Happy New Year and everything and he said, ‘you’ll be hearing from my lawyer’,” said Gonzales.
Sterry filed a complaint with the state agency that enforces ADA.
Gonzales admits he didn’t know the law until this happened. That’s when he started reading up on it.
“The scary part about it, we can’t ask for any tags, we can’t ask for any documents,” said Gonzales.
Plus, Gonzales says Montera did not have a vest on identifying her as a hearing dog.
“That’s absolutely untrue. She had her vest on. She always travels with her vest on even when she goes to church with me, she wears her vest,” said Sterry.
Sterry, who lost his hearing in Vietnam, also said Montera never got out of line and no one at Charlie’s asked them any questions or asked to see any documentation.
“If Charlie had said, ‘show me, prove it’, I would have shown him those things. I would have also told him that it would have been inappropriate to ask,” said Sterry.
It doesn’t matter anyway. The law says Montera doesn’t have to wear a vest.
Gonzales didn’t know the law, but Sterry did.
NewsChannel 3 Investigates discovered he’s filed at least four similar complaints in the last two years. In Charlie’s case, Sterry negotiated a settlement through a state mediator. At first he wanted $5,000, then he lowered it to $1,000.
“He accepted $500 and then Dennis says,’You know Charlie I’ve never had anyone ask for this, he wants three cases of wine’,” said Gonzales with a stunned look on his face.
“Two cases of wine. I like his wine,” said Sterry as he laughed.
They settled on $600 and no wine, which Sterry said he donated to his church.
“I felt that he needed to be taught a lesson,” said Sterry.
“It’s unfair and unjust,” said Gonzales.
Charlie knows the law now. During his research, he discovered there’s a provision of the ADA that allows someone to bring a miniature horse into his restaurant.
“Can you imagine? A little horse coming in here? He’d start going to all the restaurants and you can’t tell him no. I’d be shocked if I didn’t know the law. Now that I know the law, I’d let him stay and I’d take a picture,” said Gonzales.
There are only two questions a business owner can ask under the law, Is this a service dog? And what does this dog or horse do for you?
Those are the only two things you can ask and the person does not have to provide any documentation.
Sterry also said he’s only filed complaints against business owners who refuse to listen and are rude. Both men also believe there are people out there taking advantage of the law, that’s one reason why they wanted NewsChannel 3 to air their story.
If you want to know more about the law, just follow these links:
http://www.justice.gov/crt/about/drs/
