Disabled Vet Sues McDonald's, Claims Assault
Jim_Higgins
http://tinyurl.com/yadvduq
November 24, 2009
Star Tribune
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.
Franken, in an e-mail message to Montalvan last week, called it an
"awful, bizarre story."
A spokeswoman for McDonald's USA said the matter is under investigation
and that the company could not comment further, other than to say that
McDonald's takes pride in making its restaurants accessible to all
customers, "including those with service animals."
Repaying sacrifice
Montalvan, 36, of Brooklyn, filed suit Oct. 28, a week after Congress
approved Franken's provision establishing a pilot program to pair 200
wounded veterans with service dogs from nonprofit agencies.
In championing the legislation, Franken cited Montalvan and his service
dog, Tuesday, whom he had met in a chance encounter at a presidential
inaugural ball in Washington.
Franken said Friday that the incident underscores the problems of
returning veterans. "Captain Montalvan made great sacrifices fighting
for our country in Iraq," Franken said. "I'm not entirely familiar with
the facts of this case, but what I do know underscores both the need to
help our returning veterans and to raise awareness and increase access
for service dogs."
Montalvan served two tours of duty in Iraq, suffering wounds in a knife
and hand grenade attack that left him with spinal cord damage, traumatic
brain injuries, and post-traumatic stress disorder. Tuesday, his service
dog, is a golden retriever who helps him with balance, mobility and
emotional support.
Montalvan's suit alleges violations of the Americans with Disabilities
Act in a series of events that began last December, several weeks after
he completed service dog training.
Visiting a McDonald's in Brooklyn, Montalvan said several employees told
him "pets" were not allowed. Even after he pointed to the dog's red
service vest, he said various McDonald's employees, including a manager,
continued to "glare" at him, inducing a panic attack.
In response to a complaint from Montalvan, an area McDonald's supervisor
reportedly apologized in writing and assured Montalvan that the
restaurant's workers would receive appropriate training and signage
regarding the admissibility of service dogs.
Camera not welcome
Montalvan returned in January to find a sign stating that service dogs
were welcome. However, a different manager allegedly told him no dogs
were allowed. The manager reportedly left after Montalvan directed him
to read the sign.
Montalvan returned with a camera two days later to find the restaurant
closed because of health code violations. He says that when he tried to
take pictures, two unidentified McDonald's workers confronted him and
beat him with plastic garbage can lids.
A police report of the incident says he "did not exhibit injuries." But
Montalvan said he suffered a pinched nerve, migraines and emotional
distress.
"It doesn't seem like much on the surface," Montalvan said in a phone
interview Friday. "But when you're a disabled veteran, and you have to
deal with this, you just want to be left alone and eat your meal in
peace. You just want to blend in."