Blind man awarded £900 under new disability law

A blind man who was refused entry to a restaurant with his guide dog has been awarded the first mandatory injunction brought under the Disability Discrimination Act (DDA).

Leigh Hutchings and his dog, Francis, were turned away from the Imperial Garden Chinese restaurant in Watford last August by owner Andrew D'Cruz, who took over the restaurant last year.

D'Cruz cited environmental health reasons at the time.

Hutchings had been a regular customer at the restaurant for 25 years under the previous ownership, and had always been accompanied by his guide dog.

At Watford County Court, D'Cruz was ordered to pay the defendant £900 and admit Hutchings and his dog into the restaurant from now on. Failure to comply with the injunction could result in a prison sentence.

RNIB solicitor Catherine Casserly, who represented Hutchings free of charge, said the injunction was the first to be issued by a court under the DDA. She said: "It sends a powerful message to service providers of any sort that they breach the DDA at their peril."

A spokesman from the RNIB said the decision was ground-breaking. "This is the first time that a restaurant owner has had an injunction against him or her as a result of discrimination. It is vastly important as it gives the law some teeth."

Source: Caterer & Hotelkeeper magazine, 25 September 2003