News

July 30, 2009

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.