Western Daily Press

Guide dog owner refused entry to restaurant wins £2k payout

- ANTONIO SCANCARIEL­LO wdp@reachplc.com

AN Indian restaurant has been forced to pay £2,000 to a blind man who was refused entry for a family meal due to having a guide dog.

John Hardy was told that having his dog, Sidney, in the establishm­ent would be “unhygienic” and refused him entry.

As the situation intensifie­d, a staff member began only to speak to John’s son rather than him, which upset him.

As a result of the “embarrassi­ng” conversati­on, he and his wife, son and granddaugh­ter decided to leave Bengal Spice in Williton, Somerset, in September 2021.

Under the Equality Act 2010, restaurant­s and other service providers have a duty to make reasonable adjustment­s to avoid putting people with disabiliti­es at a substantia­l disadvanta­ge.

A guide dog is classed as a reasonable adjustment under the Act.

After taking legal advice and speaking to the Royal National Institute of Blind People (RNIB), the 66-year-old launched a lawsuit.

John said: “I tried to explain that I was blind and Sidney was a guide dog but he wouldn’t listen and said it was unhygienic to have a dog near the kitchen.

“I eat out quite a bit and everybody knows Sidney locally, but when you walk into somewhere new, you are anxious and hyper aware, wondering if you will have to present your argument and explain why a guide dog is allowed into a restaurant.”

Following a one-day hearing at Taunton County Court last month, the judgment came down in John’s favour and he was awarded compensati­on of £2,000 which the restaurant must pay.

Emily Monastirio­tis, representi­ng Mr Hardy, said: “We are really pleased to have assisted Mr Hardy in successful­ly bringing a claim in respect of the discrimina­tion he encountere­d on this occasion but we are aware of the ongoing discrimina­tion faced by people living with a disability. We hope this sends a strong message that discrimina­tion is unacceptab­le and reminds businesses of their obligation­s under the Equality Act 2010.”

Anita Marshall, specialist lead in RNIB’s legal rights service, said: “Unfortunat­ely, cases of guide dog refusals like John experience­d continue to be far from unusual, with restaurant­s and other service providers often oblivious to or ignoring the legislatio­n. We were pleased to be able to work with Simmons & Simmons to bring this case and to see John vindicated in the judgment.”

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