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Subway restaurant. (Derrick Coetzee / Flickr.com / Creative Commons)

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Seeing Eye Dog Refused Entry to Subway Restaurant

Updated: Friday, 12 Mar 2010, 9:10 AM CST
Published : Friday, 12 Mar 2010, 9:10 AM CST

(MYFOX NATIONAL) - A blind man refused service at a Subway restaurant because of his seeing-eye dog has received an apology. Although Jose Daze of Canada said he lost his appetite for Subway, he won’t file charges. However, the resulting furor places bias on the menu for advocacy groups.

Jose Daze told CBC News he "couldn’t believe" the Subway employee had a problem. The dust-up erupted when the worker wouldn’t let Daze’s service dog into the restaurant. A shouting match broke out and eventually the manager apologized.

Daze, who doesn’t go anywhere without his "eyes," said the dog had always been accepted until last week at the Canadian eatery.

Michael Potvin of the Canadian Council of the Blind, called what happened to Daze a "human rights violation," according to CBC News .

Daze said he doesn’t plan to sue Subway or file any charges.

In the United States, the American With Disabilities Act has provisions similar to Canada. Nevertheless, issues with service dogs have wound up in court.

Last October, a legally blind student with epilepsy sued Millikin University in Illinois. The suit alleges that college officials forced Catherine Nielsen to leave her dormitory after she got a service dog. The university claimed the dorm was meant for students with respiratory problems, adding that Millikin has – and will – accommodate service animals.

In July, the Los Angeles Homeless Services Authority was accused of discriminating against homeless people who use service dogs. The Southern California Housing Rights Center and the Disability Rights Legal Center sued the authority, citing potential violations of the Fair Housing Laws and Americans With Disabilities Act.

It should be noted that service dogs, protected under the Americans With Disabilities Act, are legally considered different from therapy dogs. Therapy dogs are not covered by the ADA.

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