Saskatchewan

Sask. woman turned away from restaurant due to guide dog says she hopes it can be a 'learning experience'

A blind woman says she hopes her human rights complaint against a Saskatoon restaurant can lead to a "learning experience" rather than a punishment, after she says she was denied entry and service due to her guide dog last month.

Tamarind Restaurant in Saskatoon says it 'deeply regrets' incident, is taking steps to educate employees

A woman walks through a kitchen with a black lab in a harness.
Cheryl Dolan says she was refused entry to a Saskatoon restaurant in December because of her registered guide dog, Hudson. (Submitted by Cheryl Dolan)

A blind woman says she hopes her human rights complaint against a Saskatoon restaurant can lead to a "learning experience" rather than a punishment, after she was denied entry and service due to her guide dog last month.

The owner of the restaurant has apologized and says they are taking immediate steps to make sure it doesn't happen again.

Cheryl Dolan, 56, has had service dogs ever since Type 1 diabetic retinopathy caused her to fully lose her vision 27 years ago.

The former voice instructor, her husband Dale, and her registered service dog Hudson traveled from Davidson, Sask., to meet her sister and brother-in-law for dinner at Tamarind Indian Restaurant in Saskatoon on Dec. 15.

Dolan said that when they arrived at the restaurant, "the two young ladies at the front desk said 'No, no, no, you can't bring a dog in.'"

"I've had that kind of experience before, but in the past, I've always just said 'yes, it is a rule of Canada that we are allowed to bring our seeing eye dogs into any public place,'" she told CBC on Monday.

WATCH: Sask. woman describes moment she was refused entry to restaurant: 

Blind woman describes being turned away from Sask. restaurant with guide dog

1 year ago
Duration 1:31
Cheryl Dolan says she tried to show staff at Tamarind Saskatoon the law and documentation that allows her guide dog, Hudson, to come with her inside restaurants, but was denied. Tamarind told CBC it 'deeply regrets' the response and has already taken steps to educate the newcomer staff members who made it.

Saskatchewan's Human Rights Code prohibits discrimination based on physical or mental ability — including those who use service animals — and the province's Human Rights Commission's policy on service animals requires people and their registered service animals to be allowed entry to any public space, including restaurants.

Dolan said the two women soon returned with a man who appeared to be in charge, and that he refused to look at her registration card for Hudson or listen to explanations from her and another patron about how restaurants are legally obligated to allow guide dogs inside.

"Hudson was sitting very quietly beside me and this [man] just said, 'Absolutely not, this is my restaurant, I'm not having any dog in my restaurant,'" said Dolan.

Dolan said she was shocked, but did not want to continue fighting, so the two couples left the restaurant to eat somewhere else.

"This was truly my first time that I have felt discriminated against and it was not a pleasant feeling," said Dolan.

Two sides of an identification card.
Dolan's registration card from the Canadian National Institute for the Blind identifies her as a blind person and that her guide dog, Hudson, is trained and registered as a service animal. (Submitted by Cheryl Dolan)

Restaurant apologizes, says refusal was 'unintentional'

The Dolans said they filed a complaint with the Saskatchewan Human Rights Commission last month and also contacted the restaurant directly, but that as of Monday they had not yet heard back from Tamarind.

In a statement to CBC Monday morning, Tamarind Restaurant said it "deeply regrets" that the party was turned away, calling it "unintentional."

"This is the first time someone with a service dog came to the restaurant. Unfortunately, the staff members on duty were students, new to the restaurant and they were hired to do their first job in Canada," said the emailed statement.

"They were not aware of the proper protocol for registered service animals, leading to an unintentional denial of access."

The restaurant said its manager was informed of the issue and went outside to apologize and invite the Dolans' group back into the restaurant, but they had already left.

"We would like to extend our sincerest apologies to the couples and their service dog for the unfortunate incident that occurred at Tamarind," said the statement, which noted it is increasing staff training around service animals.

"We want to assure you that we are taking immediate steps to address and rectify the situation."

The Dolans also contacted the City of Saskatoon, which confirmed in a Monday email to CBC that it does not have jurisdiction to intervene in the situation because it did not violate a municipal bylaw.

The exterior of a restuarant that says "Tamarind: The Real Taste of India."
Tamarind Restaurant said in a statement it 'sincerely apologizes' for the refusal of service, which it says was 'unintentional' and due to new staff members not know the rules around guide dogs in new restaurants. (CBC)

Education, awareness around guide dogs still lacking: advocate

Stephanie Pilon, manager of advocacy and campaigns with the Canadian National Institute for the Blind, said guide dogs are an "integral part" of their handlers' independence, but that it's still very common for people with service animals to be turned away.

"We see things like this every day and we've made lots of strides forward, but unfortunately we're not where we need to be," said Pilon, who is a guide dog handler herself, in an interview on Monday.

"It's frustrating for people and it's degrading and it does take a toll because it does happen more than it should."

A black lab dog looks at the camera.
Hudson, an 11-year-old black labrador retriever, has been Dolan's guide dog for nine years. (Submitted by Cheryl Dolan)

Dolan said she doesn't want Tamarind to be punished, but she hopes the restaurant will apologize personally and take this as a "learning experience."

Tamarind told CBC it would like to invite the Dolans and Hudson back for dinner free-of-charge, and said on Tuesday it had contacted them directly. The couple said they will accept the invitation but are happy to pay.

Pilon said educating businesses, training staff and spreading awareness are key to preventing future incidents, and noted that other provinces have levied large fines against businesses that have denied entry to service animals.

The Dolans would also like to see Saskatoon's municipal bylaws require restaurants and businesses to follow provincial and federal laws for service animals — like they do for ride-share companies such as Uber — to make the rules more enforceable outside of the lengthy human rights complaint process.

"We would like to have some level of comfort that it will never happen again, for us or anyone else," said Dolan. "And we understand too that for a lot of people it is just an education issue."