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Retired Army Capt. Luis Montalvan, an Iraqi War veteran who earned two Bronze Stars, filed a lawsuit claiming he was assaulted by employees of a Brooklyn franchise, the New York Post reports.
Montalvan claims workers at the Brooklyn McDonald's franchise hit him with the lids to plastic garbage cans when he tried to enter with his golden retriever, named Tuesday. He suffers from post-traumatic stress disorder and traumatic brain injury, and said the beating left him with back and neck injuries, the Post reports.
"We take these matters seriously," a spokeswoman for McDonald's told Slashfood. "We investigate all allegations to gather the facts, and where necessary, take action consistent with our policies.
"Our policy is to permit service animals to accompany customers with disabilities, in our restaurants. We comply with all applicable laws, including the American Disabilities Act."
Montalvan told the Post he was told to leave the Brooklyn McDonald's franchise last December when he entered with the dog. "Employees started yelling, 'No dogs!' and 'Get out!' " he said.
After Montalvan sent a letter to the company to complain, McDonald's put stickers on the franchise's doors saying service dogs were allowed inside.
However, when he returned on Jan. 30 to take photos of the stickers, he alleges two men in McDonald's uniforms came toward him with plastic garbage can lids and beat him for two minutes. The franchise, in the Sunset Park neighborhood of Brooklyn, did not respond for comment.
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11-24-2009 @6:55AM trish said... As someone who suffers from PTSD and spinal injuries myself, something as "minor" as being yelled at can cause tremendous emotional damage and set-backs in healing; which may also lead to additional physical injury caused by muscle and nerve damage. I wish more people would try to understand how delicate the brain and spine are. How sad for anyone to be mistreated as alleged.
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11-24-2009 @7:08AM jOHN mARTIN said... I WOULD HOPE THAT SOME MARINE WOULD ARRANGE TO PAY A VISIT TO THE MEN WHO ASSAULTED THIS DISABLED MAN AND GIVE THEM THE BEATING THEY DESERVE. WE CAN NO LONGER TRUST THE LEGAL SYSTEM TO SERVE OUT JUSTICE IN THIS COUNTRY.
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11-24-2009 @7:07AM Forge365 said... HEY MIKE,
You, sir, are a moron. His dog is not there to attack, but to assist in healing. I am a vet that also suffers PTSD issues, and my partner, Blackbeard, would not attack someone. Would he go into a defensive mode, you bet. Teeth bared and growls are enough to convince most idiots to back off. Is he truly threatening, nope. I can understand where Luis is coming from.
I have been refused service, verbally harrassed, and threatened with arrest at more than one establishment. However, it is taken place at only one McD's. BK on the other hand is not friendly at all nor responsive to complaints. Most establishments give me no hassle whatsoever and in fact welcome me and my partner.
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11-24-2009 @7:49AM Bob said... I guess if that crap food don't kill you, the help will. I hope that man gets every dime he's got coming to him. Then he can go eat someplace better. Remember, flush twice, it's a long way to McDonalds.
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11-24-2009 @8:50AM Lynn Fischer said... How do you know he was really beaten and this isn't just a scam? All of McD's is under camera survellience so I'm betting this guy is a scammer because workers know the cameras are on them. Sounds fishy to me from some albiet brave guy who wants/needs money. Throw the bum out.
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11-24-2009 @7:14AM Jocko said... Sorry,but something doesn't sound right about this story. Weren't there any witnesses to back up the major's story? No doubt, Nanacy Grace or Gretta will get to the bottom of this story.
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11-24-2009 @7:48AM Bob said... every person who worked in that Mcdonalds needs to be arrested. and that vet and his dog deserve 100 million dollars each..
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11-24-2009 @7:24AM c said... This sounds like such a hoax. Why did I hear about a lawsuit and not a police report (when the incident supposedly occurred)? People and their lawsuits blow me away. If you need money just make up a story and sue, if you don't want to work just make up another story and collect.
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11-24-2009 @10:09AM Patrick said... I have discovered there is a total lack of any kind of training in organization like McDonald, or Large Hospitals. Whether it, be safety, sensitivity, or just common sense. It is all about making a buck. Military, Veterans, families and supporters should boycott every McDonald and every establishment that would allow either the chasing off initially or the beating later. God Help us all if this is the way we are going to treat our disabile vets and I guess elderly. McDonald's should be embarrassed and pay accordingly.
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11-24-2009 @10:09AM Patrick said... This is not a hoax, the comment that it is, is obviously from someone who has not idea what it is like to confront combat, but as well to be disabled by it. And, then to have your country and business treat you in a manner as if you were diseased. Wake up idiot.
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11-24-2009 @7:33AM kayla_rome@yahoo.com said... Hey Mike, i doubt you're a marine... Soldiers stick together. Did you even read the whole article? " He suffers from post-traumatic stress disorder and traumatic brain injury" This man suffered brain injuries from the war and you call him a "barbie" YOU ARE PATHETIC! You know the consequences of being in the military, anything can happen, ANYTHING, you loose people left and right... this man lost half of himself over there. You don't know the extend of his injuries. He might have not been able to fight back..
God, i hope someone has your back over there, cause with your attitude you'll be worse off then brain injuries.
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11-24-2009 @7:44AM Cal said... Almost unbelievable, but these days, I am not surprised this happens. Too many people are too stupid to know what they are supposed to do in a situation like this and choose to run the dog and his owner out. They can't just politely ask him to leave...they have to be arrogant and rude about it. If they had taken the time, they would have found out that his dog was allowed in the store. You also have to realize who is working at places like McD's and there ignorance.
Luis, I want to thank you for your service and fighting for my freedom.
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11-24-2009 @7:37AM LJ said... Golden retrievers are among the most intelligent and people friendly of all dog breeds.Its not in their nature to attack people. Plus, this is a trained SERVICE DOG. I hope the jerks who attacked one of our former service people get real jail time. Anyone out there who has a problem with disabled folks bringing their trained dogs into public places are morons.Shame on McDonalds...you need better staff training.
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11-24-2009 @7:38AM tara said... Service dogs are just that...SERVICE dogs. They aren't trained attack dogs. In fact, a service dog that proves to be aggressive during it's training will fail. It is not their job to attack anyone. It is their job to assist their handler in whatever tasks necessary for a functional life. To make comments about how the dog should have eaten these attackers is silly. They don't do that, nor should they. An aggressive service dog is a liability and a lawsuit waiting to happen. These dogs must be trusted to be in any situation without snapping so the privileges of all service dogs are respected and not restricted due to fears of aggressive dogs getting out of control. That being said, I hope McD pays this man for this. They were wrong, period. And those employees should be fired on the spot. But don't blame the dog because the dog did exactly what it is supposed to do.
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11-24-2009 @7:56AM bobbie said... Too many holes in this story. No witnesses, did the dog have on his service dog Identification (all service dogs have tags and or a vest). Were the police called right away. Why would employees just come out and beat you for taking a picture. Were they rubbermaid lids? (ok that one was a joke..but still)
Come on. Sometimes I think these stories are made up for attention~~
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11-24-2009 @7:49AM tara said... Forge,
You shouldn't let these establishments get away with refusing you service or harassing you in any way. Its the law that they accommodate you the best way possible. I too am disabled, not with a dog but in a chair, and have certain struggles with some establishments. The only way to change that though is to stand firm and refuse to be treated that way. 99% of establishments seem willing to comply with the federal guidelines, but that 1% who don't deserve to be called out for it. You deserve to be treated with respect and those establishments that refuse to do so should be called to task. I don't advocate lawsuits, but you should contact your local advocacy group for the disabled in your community and see what steps you can take to correct the situation. Usually, things can be done to fix the problem without filing a lawsuit or anything like that. But don't let them victimize you or break the law that way. If not for you, then for the next person who may not be as strong as you to stand up for themselves. It's all about education. I wish you luck in your struggles with these companies. Just don't let them get away with doing the wrong thing. You and every other disabled person in your community deserves better.
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11-24-2009 @8:45AM paul said... Sir, I want you to know if I was there and they refused you service , I would leave too , and tell them why. I did this in a mall once when the store owner made a lady in a wheel chair leave because he was afraid she would knock things over, I told him that my wife and I were leaving too.
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11-24-2009 @7:56AM KIm said... You are wrong about that. The law does NOT require a service dog to have any identification whatsoever. All that an animal has to do, is provide at least one service for the disabled person, and the animal is considered a service animal. I say animal, and not just dog, because ANY animal can be trained to assist a disabled person. Both my son and husband are disabled and they both have service dogs.
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11-24-2009 @7:57AM Mel said... Service/therapy dogs are not trained to attack b/c they need to be around people and need to stay calm in chaos to take care of their person. Your dog is in a warzone and who knows what your dog was trained to do - Is your dog a patrol dog? bomb sniffing dog? drug dog? Or did you train your dog to attack those he does not know. Again, it depends on what specific job you train your dog for. In my field, law enforcement, our drug and patrol dogs are not trained to be soft and cuddly, however, our search and rescue dogs are approachable. So, yes, Barbie may have trained this dog, but Barbie can also train patrol, drug, and search and rescue dogs. it doesn't say whether this dog attacked or not; most likely this dog barked to draw attention to the fact that his owner was being attacked, but these dogs are trained for a specific service, and attack, is not one of them. If anything, the vet should have some sort of protection on him, other than the dog, as the disabled are the most easiest target for criminals. However, just because the dog didn't attack doesn't mean the dog is weak or the owner is weak. It just mean his training was specific to the job it is required to do, you ignoramus
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11-24-2009 @8:00AM mike said... You might think so and that is why I am over here fighting for your Punk A** so you can write Bla Bla Bla. God Bless my country ! USA
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