Coping with Mistreatment
written by Luis Carlos Montalván
on November 19, 2009
LINK

CNN Video Story on Luis and Tuesday - November 30, 2009

We all depend on everyday, universal boundaries and agreements to stay safe. When we violate those boundaries, tragedies unfold. I learned this basic social agreement as a child, automatically followed it as a man, taught it and subscribed to it in service to my country, including two tours of duty in Iraq. After 17 years of honorable military service, I put aside my Purple Heart, Bronze Stars and service medals, sought treatment for my combat wounds and embraced my new life as a former Army Captain. Coping with post-traumatic stress reaction challenges me daily to embrace what is possible and to take risks, hoping that most people will follow the basic social agreements that keep us all safe.

I now walk into the world each day with a gentle, well-trained golden retriever named Tuesday, who wears his bright red, clearly-marked service cape as he accompanies me when I attend class at Columbia, travel on a train, ride the subway, enter an elevator or dine at restaurants of every category imaginable. Generally, we are greeted with the same respect and access that most would expect to be granted to a person who depends on a dog to help him or her see, or help negotiate the world from a wheelchair. Even if people do not approve or understand, most afford the access I deserve according to the spirit or at least the letter of laws regarding civil rights, human rights and the Americans with Disabilities Act (ADA).

Most. But unfortunately, not all.

Following a particularly disturbing incident in December 2008, when Tuesday and I were hassled by McDonald's employees at a Brooklyn restaurant, who claimed service dogs were not allowed in the establishment, I wrote a letter to McDonald's president Ralph Alvarez. That letter resulted in the regional manager, Ms. Claudia Alvarez, phoning me to discuss the incident. I made it clear that McDonald's needed to train its staff on the ADA and suggested that stickers be placed on their establishment's front doors indicating, "No pets; Assistance Animals welcome."

Luis and Tuesday

In January 2009, Ms. Alvarez, called me again and informed me that her employees were trained and that she had placed the suggested stickers on the McDonald's in her region.

I felt good about the outcome and thought that McDonald's had indeed demonstrated corporate social responsibility.

On January 28, 2009, Tuesday and I returned to McDonald's to eat. I ordered and we sat down. That's when Manager Carlos Salas approached the table and asked me leave.

"I'm sorry, but no dogs are allowed," said Salas.

I felt the onset of a migraine headache and replied, "Have you read the sticker on your front doors?"

"Yes. It says, 'No dogs allowed,'" said Salas.

"Why don't you go downstairs and re-read the sign and then we'll talk about it," I replied.

Upset that yet another incident was happening, I got up and left. I could no longer stomach food and my migraine was getting worse.

Two days later, Tuesday and I returned to the McDonald's to take photos of the stickers on their storefront to include in another letter to Alvarez. The McDonald's was closed due to health code violations, but I was able to take photos of the stickers.

That's when members of the staff began hurling insults in English and Spanish, and throwing plastic garbage can tops in our direction. Two employees punched me while on the sidewalk outside of McDonald's. In disbelief, I kept taking photos of them. As they stopped, I called the NYPD, who quickly arrived on the scene.

I was embarrassed and angry by the unnecessary incident, which triggered a cascade of emotional and psychological symptoms that no one could see but which undermined my capacity to function that day and for a number of weeks thereafter, leaving me wary of how we might be received in even the most ordinary places.

Children and adults with often invisible or less immediately identifiable disabilities, such as chronic pain, post-traumatic stress, seizure disorders, allergies and autism, just to name a few, can become independent and self-reliant with the assistance of a dog. We are all a slip of a chair or a terrifying moment away from an entirely different life, requiring assistance from resources that could include the blessing and boundaries of a service dog. As I speak out on behalf of people with disabilities, I hope we all come to understand that it may not be "if" but "when" we will need assistance as a result of an illness or an injury. Even out of overriding self-interest, if not out of compassion and empathy, we all benefit when we embrace the letter and spirit of ADA.

Comments (23)

Some Soldier's Mom
November 19, 2009 2:49 PM | Reply | Report

I hope that this incident with Tuesday was an isolated incident. In our community where EVERY dog is welcome (you will find water bowls outside all the store fronts and most places -- except food establishments which have different regulations -- usually don't bar ANY dog), it is difficult to get people to NOT disturb the service dogs when they are working or in training!

Perhaps you can let us all know what people should or should not do when they encounter service dogs?? Thank you for helping educate the public of the value of dogs like Tuesday!

Jessica Lee
November 19, 2009 3:29 PM | Reply | Report

I'm sorry to hear about this - and I think the point you make at the end of your essay is particularly important, that not all disabilities are explicit and easily identifiable. Thanks for sending us a good reminder of that and encouraging people to be more sensitive!

Luis Carlos Montalván
November 19, 2009 3:49 PM | Reply | Report

Jessica,

Service members/veterans with "invisible" wounds number in the millions. In my case, I have a service dog and walk with a cane and I still endure problems by people and establishments like McDonald's where ignorance of the ADA is high.

Hopefully, we can elevate this problem so that the many millions of Americans (veteran or not) with disabilities can enjoy the same civil rights as the rest of the population.

With best regards,
Luis

November 19, 2009 4:08 PM | Reply | Report

If we can allow a McDonalds in every neighborhood of the country it would be nice if they could train their store manager to respect the law and an important sector of our population. Thanks for speaking up Luis and thank you for your service.

Luis Carlos Montalván
November 19, 2009 4:26 PM | Reply | Report

That is pure logic, "Beechtree." :)

Not only is it the right thing to do but it is, in fact, the law of the land.

With best regards and thanks,

amy van vechten
November 19, 2009 5:27 PM | Reply | Report

Hi Luis,
I am so sorry to hear that happened. It's atrocious and always shocking to me how insensitive people can be. tuesday is beautiful and my thoughts go out to you both.
Amy

Charles Mostoller
November 19, 2009 5:43 PM | Reply | Report

This incident is representative of the treatment people with disabilities face throughout the country. Despite the ADA, this occurs on a regular basis all over. Many buildings, even city and state buildings, do not comply to ADA regulations. And now it has happened to an honorable and dedicated pursuer of social justice, who has served our country and suffered and sacrificed as a result. Unfortunately, misguided patriotism abounds in this country, but simple human empathy does not.

Bob
November 19, 2009 6:06 PM | Reply | Report

Luis- thank you for bravely sharing your story. What happened to you was horrible. Is there anything we can do to educate people about ADA?

Bob

Luis Carlos Montalván
November 19, 2009 6:53 PM | Reply | Report

Hi Bob,

Well, hopefully, you and many others will send this story to the networks so it can be discussed. In that way, the ADA could be discussed at length.

With best regards and thanks,
Luis

Patricia Lee Stotter
November 19, 2009 7:07 PM | Reply | Report

Dear Luis,
Let me begin by quoting Simone de Beauvoir: "disability is a failure of civilization"
The treatment you suffered at McDonald's is inexcusable. I will never walk through their door again. I suggest everyone who learns of your story boycott McDonalds and inform McDonalds why they are no longer willing to give them their business. McDonalds ...thanks for your service!!

What I felt throughout your story, and I have felt from friends who also struggle with PTSD, epilepsy and other invisible maladies is their terrible fear of a loss of control. Not only is this one of the many causes of PTSD, it is an outcome of it also.For someone like that, for you, to be assaulted, is cruel and sadistic.

This is no normal assault. Just as "cop killers" are treated differently because they act our their sociopathy against authority figures, so to anyone, or any corporation, who assaults anyone whose vulnerability is advertised by these adorable (as well as brilliant) dogs they travel with...well, they should be prosecuted to the max. They are monsters. Their behavior is an assault on compassion and humanity.

McDonalds should think very creatively about they are going to compensate you and all "disabled" individuals because an outraged public may bring them to their knees.

And a word about the word disabled...back Simone de Beauvoir...what does disabled mean?... you have PTSD and you have been injured, if someone is autistic or has epilepsy they have their kind of difficult challenge...but if anyone is "disabled" it is the sadistic pigs who attacked you...they lost their souls somewhere along the way.

Shame on them and Kudos to you for fighting for your rights and, by proxy, the rights of all the "disabled" --even those without a dog.

Keep up the good fight...gee, the theory was you were done having to do that. Best Regards,
Patricia Lee Stotter

Arthur Varanelli
November 19, 2009 10:19 PM | Reply | Report

Luis,

I am saddened by your incident at McDonalds. Most Corporations and individuals see the ADA as eliminating physical barriers for the disabled, an objective measure of compliance, and go no further.

Here is a link to the ADA site dealing with service animals:

http://www.ada.gov/qasrvc.htm

The requirements are specific and unambiguous. Shame on McDonald's for their apparent inability to read and communicate this information to their employees.

I empathize with the way you must have felt, and know full well how the effects of such treatment can persist.The whole affair is unequivocally unacceptable. I honor you for keeping your pride dignity in the face of it all. Give Tuesday a good scratch behind the ears for me.

Best regards,

Art

Luis Carlos Montalván
November 19, 2009 11:21 PM | Reply | Report

Dear Patricia,

Thank you for your most thoughtful note. You're right. People who commit "cruel" acts against the more vulnerable of society deserve harsher punishment.

In the case of McDonald's, they continue to hide behind legal posturing hoping that this will somehow all go away or that their lawyers may find a clever way to prevent their culpability. Quite frankly, it's disgusting and dishonorable. They should own up to their mistakes and correct them.

I will not relent until they have done the right thing. People and veterans with disabilities deserve this example.

With best regards and deepest respect,
Luis (& Tuesday)

SSG James Mylott us army (ret)
November 19, 2009 11:56 PM | Reply | Report

Sir
i also am a disabled vet (TBI, Chronic PTSD) i was appalled when i read this and would just like to say, i would be PROUD to enter any establishment with you and tuesday! I myself am going to write and voice my displeasure to McDonalds, they are the quintisential american icon. and they treat veterans like this,
drive on sir!
jim mylott

Luis Carlos Montalván
November 20, 2009 10:09 AM | Reply | Report

Dear SSG (ret.) Mylott,

Firstly, thank you for your service, brother...

Also, thank you for your kind words of support. What happened to me should not happen to anyone. But, I have to say that you, of all people, can imagine how deeply disturbing it is when you serve your nation, are wounded in combat, come home to move on with your life, and then, have to endure terrible mistreatment by establishments like McDonald's. Worse, not only do they tell you to leave, but then their employees assault and batter you. It still makes me upset...

Anyhow, I am proud to have a friend in you...

With best regards,
Luis

Air Force
November 20, 2009 10:14 AM | Reply | Report

I won't be eating at McDonald's and I'm sending a letter right now....this is crap!

Sean Wilkes
November 21, 2009 7:23 PM | Reply | Report

Luis,

I hope that the NYPD is taking this seriously and applying criminal charges towards the men who assaulted you as well. The attitude of this local McDonald's is one thing, certainly improper and unlawful, but the assaulting a disabled veteran is simply inexcusable. I hope they are not overlooked!

charles Saffels
November 22, 2009 3:02 PM | Reply | Report

Luis: Thank you for your informing words and yes boycott Micky D's. I have had a couple run ins at the same establishment. I also have hidden disabilities, wounds from the vietnam PTSDalong with a host of other problems. My daughter is also disabled some of hers are visible and people treat her as if she is a leper at time. Your correct that even our government doesn't comply with the ADA. The fight is all up hill. I know I paid the price for my benefits and some of the people living in our great country (illegal) give us a load of crap that we have to put up with. THIS IS JUST WRONG. I personally Voice my opinion with gusto and I have been escorted out of businesses and I will never give another dime to those places. God Bless you Luis. Keep up your good work up. Keep the faith. Semper Fi.

Luis Carlos Montalván
November 22, 2009 5:17 PM | Reply | Report

Dear Sean,

I've been working and waiting to get the names of the two McDonald's employees so that I may file criminal charges against them. Rest assured, that will happen.

Thank you, brother...

With best regards,
Luis (& Tuesday)

Luis Carlos Montalván
November 22, 2009 5:20 PM | Reply | Report

Dear Charles,

Thank you for sharing your upsetting comments. Needless to say, I'm sorry you've had to deal with so much after having service your nation and its people...

If you can, please join us in a protest at the Brooklyn McDonald's on 52nd Street and 5th Avenue -- Tuesday at 1:30 p.m.

Together, we can and will make a difference.

Semper Fidelis, brother,
Luis

Estella Post
November 23, 2009 4:21 AM | Reply | Report

Luis,

What a slap in the face this is, esepcially from such a well known restaurant with access to lots of resources. I'd be curious to know what they teach the managers at ADA at McDonald's University. I'm just completely appalled that the employees would react that way and hope they were fired.

I wish I could be in Brooklyn tomorrow. Let us know how it goes.

Dan
November 26, 2009 8:22 PM | Reply | Report

Mr. Montalván-Thank you for your years of service to our Country and your sacrifice.

Men like you do honor to the Service and the Country.

I have printed out your article and will post it on our bulletin board here at home, to remind us everyday of the sacrifices that Americans make everyday in defense of our freedom and to remind my family and I, to NEVER step foot in another McDonald's again.

Thank you Sir, for bringing to light this repulsive behavior from those employees.

LeRoy
November 26, 2009 9:43 PM | Reply | Report

Sir,

As a veteran myself; you may have an idea why I wish I had been there. As a former private, it would have been just to stand in the way of the debris...and more, if necessary.

Now-a-days I deal with hearing aids and hearing loss. I have two patients with dogs whom help them do things. One because he cannot hear much of anything (the dog alerts him); the other has seizures on occasion. No idea why, or how, the dog helps.

I need to educate myself a bit and catch up on some things.

Anonymous
November 27, 2009 4:14 AM | Reply | Report

We had a case go to court in central Illinois recently. A school district tried to bar an autistic child from bringing his service dog to school.

There is some question whether the school was doing this to try to force the child out of the public school system or because the dog was there for emotional needs rather than a physical handicap.

In any case, the court spanked the school for doing it.

COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS

1. Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

2. Q: What is a service animal?

A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_ Assisting persons with mobility impairments with balance.

A service animal is not a pet.

3. Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

4. Q: What must I do when an individual with a service animal comes to my business?

A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?

A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?

A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

9. Q: Am I responsible for the animal while the person with a disability is in my business?

A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

BIOGRAPHY
LINK

Captain Luis Carlos Montalván is a writer, freelance journalist and photographer presently residing in New York City, New York.

On September 11, 2007, he departed the U.S. Army after 17 years of military service. Before joining the officer corps in 2003, Montalván spent over a decade as a communications specialist, military policeman and infantryman in the enlisted ranks, having joined the U.S. Army on his 17th birthday in 1990.

In addition to his years in Iraq, which earned him the Combat Action Badge, two Bronze Stars, and the Purple Heart among other awards for valor and meritorious service, Montalván has mentored and trained officers at Fort Benning and served on policy development teams in Washington, D.C.

After personally witnessing the tragic attack on the Pentagon on September 11, Luis volunteered to perform security missions around the D.C. metropolitan area. By then, he was enrolled in the Reserve Officer Training Corps (ROTC) programs at Georgetown University and the University of Maryland, College Park. At the latter, he contributed to the founding of the college’s first Army ROTC program since World War II.

In 2003, after graduating college and completing the Armor Officer Basic Course at Ft. Knox, KY, Montalván deployed to “Operation Iraqi Freedom” as a member of G Troop, 2nd Squadron, 3d Armored Cavalry Regiment (3d ACR). Luis served as a Tank and Scout Platoon Leader from September 2003 to April 2004 in the Al Anbar Province. He was responsible for securing and developing the Al Waleed port-of-entry, one of the largest border ports-of-entry in Iraq, in addition to patrolling the vast Iraqi desert along the strategically important Syrian border.

In March 2005, he deployed to Iraq again with the 3d ACR and served there until March 2006. During his second tour, he worked in a myriad of assignments including leading a Military Transition Team (MiTT) in the volatile South Baghdad region and as the Regimental Iraqi Security Forces (ISF) Operations Coordinator in Nineveh Province. During “Operation Restoring Rights,” a successful clear and hold operation conducted in the city of Tall Afar, Luis established and developed the Joint Coordination Centers for the western Nineveh Province. Additionally, he was responsible for coordinating ISF development along the Syrian-Iraqi border. Promoted to Captain, he was assigned as the Regimental Adjutant for the 3d ACR.

Later in 2006, he was assigned to Ft. Benning, Georgia to train and mentor newly commissioned Army officers at the Basic Officer Leadership Course II (BOLC II) as well as coordinate resources and administration for B Company, 1-11 Infantry Regiment. In 2007, Luis was invited to participate in the American Enterprise Institute’s Iraq Planning Group where he contributed to the development of new national strategic policy.

Luis holds a Bachelor’s Degree in Sociology from the University of Maryland, College Park. His military education includes the Armor Officer Basic Course, Sapper Course, Airborne Course, Pathfinder Course, and Air Assault Course.

In addition to his decorations for service in Iraq, Luis has also been awarded the Military Outstanding Volunteer Service Medal among 33 other awards and decorations. He is a qualified military parachutist and has conducted airborne jumps with the Czech, Thai, and Slovak armies.

While serving in Iraq, Luis was interviewed by Abu Dhabi television, The Denver Post and The New York Times. Since January 2007, his writings have been published in The New York Times, The Washington Post, The San Francisco Chronicle, The Military Times, The International Herald Tribune, The Huffington Post and The Baltimore Sun among other news outlets. He has also been featured on NPR, CBS, AFP, BBC, C-SPAN, ANP, and Democracy Now among other media agencies.

Luis is presently a graduate student at Columbia University in NYC working on Master’s degrees in Journalism and Strategic Communications. He is a member of the Council for Emerging National Security Affairs (CENSA), the Senior Vice Commander of the Military Order of the Purple Heart (MOPH) Brooklyn Chapter 405, and a co-Founder of the Iraq Veterans’ Refugee Aid Association (IVRAA).

In 2008, Luis co-authored Winter Soldier: Iraq and Afghanistan: Eyewitness Accounts of the Occupations edited by Aaron Glantz and published by Haymarket Books.

He is also working on a book project.