Disabled vet who inspired Franken sues McDonald’s for $10 million

by Spot on November 24, 2009

Last update: November 24, 2009 – 5:59 AM

A disabled veteran who inspired Sen. Al Franken’s first legislative victory — a service dog program for disabled veterans — is suing McDonald’s for $10 million after allegedly being harassed, beaten, and told that he couldn’t take his service dog inside a fast food restaurant in New York City.

Luis Carlos Montalvan, a former Army captain who was wounded in Iraq, said he was confronted by restaurant workers on two separate visits, and beaten with garbage can lids on a third when he returned with a camera in hand.

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{ 9 comments… read them below or add one }

1 Scout and Freyja 11.26.09 at 11:31 pm

Wishing you and yours the most blessed of days as we break bread with friends and family or spend our time as a volunteer with any one of the numerous charities in need of our time and talents.

Peace, plenty, prosperity – my wish for the United States of America.

2 Cathy 11.28.09 at 11:59 am

Yesterday I read that Wal-Mart is suing the ADA to block SD’s from being allowed in their stores. I think we should all let Wal-Mart know how we feel about how this would impact disabled individuals that need to shop
with their SD’s.

Cathy

3 penny 11.29.09 at 10:47 am

I am so sorry, that this has happened to you…It just amazes me what our Country has become….

4 surrido 11.29.09 at 12:13 pm

Cathy, do you have a link to that article on Wal-Mart? I don’t live close enough to one to actually go shopping there very often, and the one closest to me has 2 electric mobility carts that have broken cowling around the motor that I have asked them to fix on more than one occasion because it scrapes my dog’s legs when she walks close to me. It might get fixed, but it is broken by the time I go back again, so I rarely shop there. :mad: Not exactly the way to keep a customer.

5 Cathy 11.30.09 at 9:36 am

There are two websites, http://www.dogster.com/forums, and http://www.walmart speakout.com

6 EVA 11.30.09 at 6:32 pm

That is sooo like wal mart. Maybe if more people would stop shopping there they might realize that without customers THEY WON’T HAVE JOBS. :roll:

7 advocate-in-DC 03.18.10 at 10:56 am

On Tuesday, March 16, 2010 my daughter and I were verbally attacked, refused service and ordered out of McDonald’s by its manager. This McDonald’s is located in Alexandria VA (in Fairfax County). We were ordered out because she was accompanied by her service dog. My dd’s service animal has over 500 hours of agency training as well as specific training to mitigate her disability.

I am tired of her being treated as a second class citizen. This was the third McDonald’s that challenged her dog but the first to actually put us out of the restaurant and refuse service. I did not call the police because that act would have made dd’s anxiety and fear worse than they already were. I did, however, contact the Fairfax County Police later that day. The FCPD logged the incident and made a record of it. They told me if that ever happened again to call them.

On the morning of 3-16-10, DD and I were on our way to her weekly occupational therapy appointment. We managed to get everything ready earlier than usual. So I decided to go to McDonald’s on our way to her appointment.

We went to the drive thru window. I gave the McDonald’s employee the exact change and she shut the window. She didn’t come back for what seemed too long a time so I thought maybe I needed to drive to another window. I drove around the corner but there was not another window.

I thought about whether to just leave or go inside but decided to go inside to pick up my order.

We waited in line less than a minute before a couple of the employees behind the counter said (rudely and loudly), “You can’t have that dog in here.” I told them I could as he was a service dog.

Next the Manager yelled at me to get the dog out. I told her he was a service dog 2 more times. To which she replied she didn’t care ” what kind of dog it was” and that I would have to get it out of there with him.

I told them at least 3 times (maybe 4) that my daughter’s dog was a service dog. I was completely ignored by all employees in my attempt to explain to them they were violating both federal and state laws. I also said I may call the police. I decided against that because I knew DD was already upset.

I then the manager, “Are you refusing service to my disabled child and me”? She continued to ignore me so I repeated the question. She continued to ignore me and then told me again to leave. I asked her to write her name down. She ignored me but I persisted in asking for her name. After asking at least 3 times she did finally write her name on a receipt.

I couldn’t read it so I asked her name again but she continued to ignore me. She rudely replied that she already wrote it on the receipt. I told her I could not read it. Finally she wrote her name more legibly on another receipt. She gave me a $5 bill with the receipt. I asked if she was paying me to leave. This was a humiliating experience.

My daughter’s service dog is always dressed (vested) and has service dog tags. I also carry a certification identity card for him. He has more than 500 hours of specialized training and he is specifically task trained to mitigate DD’s disability. The have been a team for more than 3 years. DD’s story story just recently (December 2009) came out in a book called “New Lives: Stories of Rescued Dogs, Helping, Healing and Giving Hope” by Joanne Wannan.

Two years ago I requested help from our state delegate in the capitol to update and change the service dog laws. My family (including my DD’s dog) had a photo taken with the Govenor at the bill signing in April 2008.

I usually try to teach and educate when we are challenged but there was no teaching or educating any of this McDonald’s employees. I am very tired of the discrimination my disabled daughter faces daily but this from McDonald’s is inexcusable. This kind of blatant disregard for the ADA and rights of those who are disabled needs to stop.

I want this injustice to be made right. I started a Face Book Cause to Boycott McDonald’s here and link above:

It is just not fair to have this happen in this day and age and after almost 20 years after the ADA went into effect in 1990.

8 Brent Mowrey 03.22.10 at 5:10 pm

We to have been discrimiaed at MC Dee we hired a lawyer here in louisiana and filed in fed ct we are seeking 100 million in damages for the same as you have if you are intrested in what we are trying to do please contact us at adaconsultinginc@hotmail.com we are a non-profit org here in Louisiana

9 im looking for a service dog trainer to train my dog to be my service dog i have ptsd border line personality and i am mild mentaly handicapped i get ssdi every month so call me at 206-533-3433. 07.06.10 at 5:43 pm

Hi my name i kimberlee dawn keadle i am mild mentaly handicaped i have ptsd and borderline personality i am a rx female i would like yall to train my dog shorty on how to be a service dog if yal can please call me i have bad panic attacts i really need yall to train my dog to be my service dog i live in new orleans la.

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