B.C.'s Human Rights Tribunal has ordered a Vancouver restaurant to pay $12,000 to a blind woman after staff refused to serve her because she had guide dog, Grainger, with her.
Georgia Pike said the incident left her in tears and made her feel like she had lost the independence the guide dog usually gave her.
Tribunal member Sonya Pighin said Ooh La La Café — owned by Lu James Li of Acaro Global Solutions Inc. — discriminated against Pike on the basis of a physical disability.
Pighin said the woman had proven she is legally blind, a physical disability under B.C.’s Human Rights Code.
The event happened Sept. 9, 2019, when Pike visited the restaurant with her late husband.
Pike said the café denied her service because her guide dog, who she relied on due to being legally blind, was with her when she requested to order food.
After initially being told to take Grainger outside, the Pikes explained guide dogs are allowed in public places. As the situation deteriorated, she filmed the interaction on her phone.
Li said the Pikes were not refused service, and that staff were only acting in accordance with provincial regulations regarding the food service business. It appeared to them that, said the owner, that Pike brought a pet dog into the eatery and did not provide him with any proof that Grainger was a service dog.
Li and the café then provided alternative service options to the Pikes such as takeout.
But according to the Aug. 9 tribunal order released this week, Pighin found the incident had an adverse effect on Pike.
“She said that having Grainger was a confidence booster and made her feel like she could go places and get around more easily; it gave her a sense of freedom,” said the tribunal member.
“When she left the Café after Mr. Li refused her service, she said she burst into tears, and ended up being late for a medical appointment because she and Mr. Pike had to find another place to eat.”
Pighin said Li’s conduct impeded Pike’s ability to engage in community life and impacted her dignity.
“The discrimination occurred at a time where Ms. Pike had spent the past four years learning how to live with legal blindness in a society where the majority of those around her have their vision. It occurred at a time where she had come to feel safe navigating public spaces with Grainger by her side,” Pighin added.
During the hearing, the tribunal member had to caution Li over comments he made about Pike being legally blind.
“Ms. Pike may file a new complaint against Mr. Li regarding his statements at the hearing,” she said.
