Will Just Cookies and Would Be Customers Work To a Positive Resolution?

For those not in the know, there are links at the end of this post to other blog posts on this subject. They can direct you to the relevant news reports.

The summary is a representative of Indiana University-Purdue University Indianapolis wanted to purchase cupcakes from Just Cookies, a business located in the publicly owned Indianapolis City-Market. The would-be customer must have mentioned it was for an organization on campus honoring National Coming Out Day. "Coming out" or the more full term "coming out of the closet" is when those who identify as part of the lesbian, gay, bisexual, and transgendered community reveal it to others, such as family and friends. Maybe the business owner noticed payment with an IUPUI credit card, or maybe it was bought up in casual conversation. The news reports don't really say how the subject was breached, but it was.

The business owner then said that he objects to the cause on a moral basis, citing his family and two daughters.

Later news reports describe Get Equal, an organization advocating for LGBT equality, attempting to buy chocolate chip cookies, and also had their business declined.

News reports and comments on blogs have also mixed reports of if the initial IUPUI student asked for cupcakes, cookies, or something else after one was rejected.

The initial news story is here.

So, what are my thoughts?

As a political observer, I find it interesting that the city is looking into terminating the lease for Just Cookies. While Indianapolis does have a city ordinance banning the discrimination based on sexual orientation or gender identity, I haven't read it myself and am unsure of how it would apply. Based on my limited knowledge, I don't know if a lease could be terminated unless discrimination based on sexual orientation was explicitly banned in the lease. Apparently, JC is on a monthly lease, so they can be evicted any time for any reason at the end of the month anyway.

As someone who has worked in customer service for several years at various levels, I think the employees of Just Cookies need to watch a video called Just Give Em The Pickle. The Pickle Principal states:

When something happens with a customer and you’re not sure what to do? “Give ’em the Pickle!” Do what it takes to make things right!

The pickle philosophy has evolved from there as it’s been put into practice at various businesses. It may be about going the extra mile to make customers happy or putting your own personal stamp on customer service that sets you apart from your competition. At my favorite tire store they literally run to greet me when I step out of my car in the parking lot. I’ve met garbage collectors who stop to start lawn mowers and coffee baristas who add a heart or other designs in the latte foam. Those are all pickles. What are yours?

I served on all kinds of people while at Panera Bread, and never once did I see my co-workers refuse to help a customer because of some ideology an individual employee didn't agree with. And I can't imagine why anyone would do that. And 99% of the time, these things don't come up anyway.

Now, as someone who has been discriminated against, I sympathize with these would-be customers. It's not an experience that I'd wish on anyone. Though in the times it has happened to me, it's usually some clueless low-level employee or a security guard. The absolute worst time was when it actually was the owner of the store. To this day, I don't patronize that business anymore.

Finally, I think eviction is a bit harsh. I think if the city could make something positive out of this horrid situation, it'd be much better for all.

Other views:

Bil Browning of The Bilerico Project has his latest post on the subject here. Click on the appropriate tags to see prior posts.

In a dissenting view, lawyer and blogger Paul Ogden weighs in here.

Jon Easter of Indy Democrat posts his thoughts here and here.

Ruth Holladay reflects on how well Just Cookies must be doing financially, since they're able to reject customers at-will here.

UPDATE: Gary Welsh was blogging back in the day when the Human Rights Ordinance was originally passed. He weighs in and includes the text of the HRO, which bans discrimination based on sexual orientation and gender identity, in this post.

The portions of the ordinance that Welsh cites are as follows (emphasis is his):

The council finds that the practice of denying equal opportunities in employment, education, access to and use of public accommodations, and acquisition of real estate based on race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service veteran status is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the policies contained herein and shall be considered discriminatory practices . . .

To provide all citizens of the city and county equal opportunity for education, employment, and access to public accommodations without regard to race, religion, color, disability, sex, sexual orientation, gender identity, national origin, ancestry, age, or United States military service veteran status

The exclusion from or failure or refusal to extend to any person equal opportunities or any difference in the treatment of any person by reason of race, sex, sexual orientation, gender identity, religion, color, national origin or ancestry, disability, age, or United States military service veteran status . . . Every contract to which one (1) of the parties is the city or the county, or any board, department or office of either the city or county, including franchises granted to public utilities, shall contain a provision requiring the governmental contractor and subcontractors not to discriminate against any employee or applicant for employment in the performance of the contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability, and United States military service veteran status. Breach of this provision may be regarded as a material breach of the contract.

It seems to be clear that Just Cookies violated this ordinance. I still am hoping for a positive outcome to all this. Nothing good can come from shutting down a business in City Market, which is struggling for customers and is often almost abandoned after the 11am-1pm lunch "hour" is over.

Disabled in Indiana: Part III

In fairness, here is a comment from the first DI entry, from the owner of Boogie Burger:

If I may offer my side of the story?

Working in the back as I was, my view from the wall of the "pass" is obstructed. What I saw was you entering the store with a dog on the lease. I could not see that the dog was a service animal. Being in BR we've had to deal with people coming in with dogs (not service) shirtless, shoeless, drunk, etc. From my vantage point all I could see was the leash.

I asked you to please take the dog outside and you began your tirade about the service animal. It wasn't until I came around to the front that I could see what type of dog it was. You still continued shouting at the top of your lungs, and believe me I was as unsettled by this as you! Immaturely, we both used bad language.

Your being asked to leave had nothing to do with the your dog. It was you being beligerent (sp?) and making a scene. My only option is to call the police in these situations. I did, and then hung up the phone, realizing how ridiculous this whole thing was becoming.

I apologized to you no less than 3 (three) times which you didn't accept. My wife comped your order. You still continued with the scene. And told me basically to get out of my own store! Sat there, and kept on another five minutes.

Understand that we will not be yelled at, harrassed or threatened by anyone. We treat all of our customers with respect and expect the same. This is the way adults behave.

You and your dog (and I have one too.) are always welcome in Boogie Burger - and I have seen that you've been back. I haven't even had the pleasure of meeting you and getting your name. My name is Mark Radford and I look forward to putting this behind us.

(I'm only posting this as "anon" because it won't let me put my name.

I'm posting this in fairness. My original entry was responding to this, but it's mostly re-stating the true account I posted earlier.

I think Mr. Radford is describing a very different situation. Though it's important to note that he early on recognized it was a service dog, but still tried to either kick us out of the restaurant or get us to leave after ordering.

And yes, I have been back since the incident, once. I've also eaten at Mr. Dan's, another local burger joint, several times, times I could've gone to Boogie Burger but didn't.

I'm currently in touch with Senator Richard Lugar's constitutien services, and they'll put in a request to the Justice Department to determine if action needs to be taken against Boogie Burger or my other entry with Sheriff Harden.

Disabled in Indiana: Part II

Before I move on to the full re-cap of today's CIB meet and the CCC full council meeting, I have a new entry (unfortunately) for my Disabled in Indiana series.

I've been to the city-county building dozens of times, a handful of which after I had my cardiac pacemaker implanted. As per doctor's orders, I can walk through the metal detectors at what are generally used at retail outlets, but places such as airports or government offices usually use metal detectors that can be harmful to the pacemaker. Every time I've gone to the city-county building, I inform whatever security (Sheriffs?) on staff at the moment, they direct me around the metal detector, I empty my pockets, wave me down. I usually don't even have to show my "I have a cardiac pacemaker" card, though I always offer to.

It's usually a relatively painless process and I've never had a problem at the city county building, and it isn't nearly as humiliating a procedure as the idiots at TAS over in the airport put me through. But today was a different story.

Upon my first entry to the city-county building at 4:50pm, it went as it always does. When I got there again shortly before 7pm, it was a different story.

I went to the side and verbally communicated to the sheriffs that I couldn't go through and would like to be waved down with a wand. Sheriff Harden said I had to go through. I replied I have a cardiac pacemaker. He said I'll be fine. I inform him that I'm not supposed to go through them per doctor's orders and again requested to be waved down with a wand, noting that I had done so before, even as early as a couple hours ago. He told me to come to him and "stop giving him lip." and started searching me with the wand, as if I should be gracious that he's letting me get away with it. He said I should be going through the metal detector no matter what happened before. He then waved his wand repeatedly over my pacemaker and said "Does this hurt you?"

I was absolutely appalled at that action, knowing it was completely unnecessary and did not help him conduct his search and secure the building in any way, shape, or form. I shouldn't be TOO surprised that this comes from the Sheriff's office, but that doesn't justify it.

I'm sure this will get nowhere when I talk to the Sheriff's office tomorrow, but I'll be ready to file this complaint to the Justice Department along with the event at Boogie Burger.

Disabled in Indiana: Part I

To make this short and for a full understanding of what I'm about to post, I have a handicapped placard for my car due to a cardiac pacemaker I have implanted. I use it mainly on campus or wherever else I have to use a backpack, since I can't carry it around both shoulders. I also have a service dog from a regional agency. He has a vest clearly identifying him as a service animal, and identification (even though, from what I've heard, service animals in Indiana aren't required to wear a vest).

For the most part, I've had relatively good experiences bringing my service dog, Quest, out in public. He has treats in his vest so people can give him one before they pet him, he follows my commands, pays attention, and is fine with waiting while I eat or read. Most of the time, employees of businesses just ask "Is that a service dog?" and leave it at that, just to make sure. Many of the businesses I frequent (usually in Broad Ripple) know Quest by name. And the times I've had confrontations, it's from some idiot manager at a fast food restaurant or a rent-a-cop.

The restaurant I went to on Wednesday night (August 5), Boogie Burger, has by far the best burgers in town for a great price. Friendly staff, locally owned, and Quest and I have been there before. I've dragged friends and family there and they've all loved it.

But on Wednesday, I had a vastly different experience.

I walk in to Boogie Burger to order a milkshake. Immediately, I am told from someone working in the back that dogs aren't allowed in and I have to take him outside. I informed him, very clearly, it was a service dog. An employee up front also mentioned it was a service dog. But the man in the back kept saying I had to take the dog outside because it was a health hazard. I refused to do so, and I asked who he was. He responded that he was the owner, and came out of the kitchen and stood behind the counter while I was on the other side of it.

I kept informing him that I would not leave because, according to the Americans with Disabilities Act, my service dog has every right to be where I can be. After some more back and forth of this, he said "Sir, get the fucking dog out of the restaurant." I refused, again reiterating that it was a service dog. He then asked "What type of service dog is it?". Knowing full well that it is specifically prohibited to inquire what the service dog does or what one's disability is, I said "None of your fucking business."

After being yelled at, scolded, and trying to be outshouted, he said "Sir, I'm going to ask you to leave." He then points to the sign that says that they have the right to refuse service to anyone for any reason. I once again refused. He talked about how no one should curse at him in his restaurant and goes on about how out of control I am. I told him that he first cursed at ME, and that I'm doing nothing other than fighting for my right as a consumer. He then said he'd call the cops if I didn't leave this instant. I said "Go ahead." He picked up the phone, dialed 911, then hung up a few seconds later.

At this point, pretty much all business has stopped due to this back and forth between me and the owner. Customers and employees are staring at us. After his almost-cop call, this woman leans him over and whispers into his ear. She says to me "Sir, I apologize for this, what can I do to make it up to you?" I asked who she was, and she said she was also the owner. I said I wanted an apology.

The male owner completely backtracks, lies, and manipulates what had just happened. He says "I'm sorry, but I couldn't see the dog's collar from the kitchen". I said to him that that is an excuse, not an apology. I continued on saying that while what he said might be true, an employee noted it was a service dog, and I continually mentioned it was a service dog, mentioned the ADA, and he himself inquired what type of service dog it is. I mentally noted that he was a fairly tall guy and would have no problem seeing over the counter to where my dog was. I demand an actual apology, but he feeds me the same bullshit line that I quoted. Again, this turns into another back and forth, and he tries to "call it even", saying that we both got out of control. I refused this, saying that his faults should not be shifted to me. Eventually, he goes to the back and he disappears for a while.

Somewhere in this whole mess, I decide to enjoy my milkshake in the store and unravel a bit. I'm not what I would call a very aggressive person, and after all this huffing and puffing, my voice was shaky, my legs were tired, and my throat was dry. I sat in the restaurant for about 20 minutes hardly touching my drink and wondering what my next course of action would be.

The male owner once again came out and was talking to the female clerk, apparently not realizing I was still there. He apologized to her, and was about to say something else (probably an explanation shifting the blame onto me rather than him) but then noticed I was still there. He repeated the line he had been giving me to a while now, and said "What do you want me to do?". I said "I want you to go to the back and leave me alone." He said "I can do that." and did so.

Since then, my mind was been dissecting this event. Why did the other employees stay silent, even though one of them clearly noted it was a service dog. Why did the female owner stand in silence during the entire back and forth? Did those regular employees think I was some asshole for putting up such a scene? What about the customers that were waiting behind me? Would the male owner, who happened to be black, do what I did if someone tried to kick him out due to his race even if it was thinly covered up by a "you're being unruly, get out" excuse?

Maybe the male owner is afraid of dogs, or has a personal backstory. But as someone who has been on the "other side" of the cash register, I know that when you go to work, you put your personal biases and phobias and whatever else away. You treat your customers, your clients, with the utmost respect. And when you realize you've crossed the line, you stop, you apologize (no excuses) and you do whatever you can to make up for it. And when you can't handle a situation in a calm manner, you let someone else take over. That didn't happen here.

And while I'm still personally struggling with the full impact of this situation, and am doubting that I'll ever go to one of my favorite restaurants ever again, I've been assured by multiple people that what I did was right. And I hope that when someone tries to violate your rights as a human being, that you fight like hell for them too. Remember, laws do not give you rights. State and national constitutions don't either. They are INHERENT rights that all humans are born with. They just so happened to be spelled out in respective constitutions.

I titled this Part I, because I might post about my past experiences, or there may be follow up. And I'm sure there will be more incidents in the future, either about me or others.