TRENTON
-- The Division on Civil Rights announced
today it has issued a Finding of Probable
Cause against an Essex County restaurant over
the way it treated a visually-impaired man
who sought to eat at a table in the main dining
area while accompanied by his family and a
certified guide dog.
Instead of seating the man in the main serving
area, the restaurant seated him and his party
in a less central dining area next to the
kitchen, ostensibly for fear that customers
in the main dining area would be bothered
by the presence of a dog.
Named
as Respondents in the Finding of Probable
Cause are the 88 Café, a Chinese restaurant
located in Livingston, and its owner, Johnny
Wong.
“The
conduct alleged in this case is troubling,”
said Division on Civil Rights Acting Director
C. Carlos Bellido. “Restaurant owners
must recognize they have a duty under the
law to treat persons accompanied by a certified
guide dog as they would any other patron,
and that they do not have the discretion to
attempt to isolate such customers or seat
them ‘out of the way.’ We are
committed to ensuring that restaurants –
and any other places of public accommodation
-- meet their responsibility under the law.”
On
February 5, 2009, visually-impaired patron
Clifford B. Aaron, of Livingston, entered
the 88 Café along with his wife, daughter
and Aaron’s golden retriever Alto, a
trained and certified guide dog. Initially,
Aaron was informed the restaurant had a no-pets-allowed
policy. Then, after Aaron presented identification
to confirm he is disabled, and that Alto is
a certified guide dog, he was offered a table
near the kitchen. Wong told State investigators
he sought to place Aaron and his party there
because he was not sure if other 88 Café
patrons would object to the dog.
Aaron,
however, found the offering unacceptable.
He asked be served in the main dining area
near a window, where there was seating available.
When Wong did not seat Aaron as requested,
Aaron contacted local police. After police
arrived and explained state and federal laws
protecting persons in need of guide dogs,
Wong agreed that Aaron could sit at any open
table.
However, the owner also began polling other
diners to determine if they objected to having
a dog seated near them. At that point Aaron
and his party left the restaurant, and Aaron
subsequently filed a complaint with the Division
on Civil Rights.
A Finding of Probable Cause does not resolve
a civil rights complaint. Rather, it means
the State has concluded its preliminary investigation
and determined there is sufficient evidence
to support a reasonable suspicion the New
Jersey Law Against Discrimination (LAD) has
been violated.
The Law Against Discrimination (LAD) provides
that each Respondent found to have committed
a violation is subject to a penalty of up
to $10,000, provided he or she has not been
convicted of a previous violation within the
past five years.
Respondents
who have violated the LAD within the past
five years are subject to a penalty of up
to $25,000, while those who have been convicted
of two or more violations within the past
seven years are subject to a penalty of up
to $50,000.
According
to Acting Director Bellido, now that the Division
has issued a Finding of Probable Cause, the
case will be referred for a process known
as Conciliation. If Conciliation is not successful,
the matter will be referred to an Administrative
Law Judge for a hearing on the merits, which
is a non-jury trial. The Administrative Law
Judge will then issue a written Initial Decision.
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