Guide dog Indy rests at Colin Rich’s feet as he and his wife, Nancy, eat lunch at Primo’s Pizza on Raeford Road after they were denied service at another restaurant, Tony’s Pizza.
A soldier blinded in combat in Afghanistan was turned away at a restaurant for bringing his guide dog into the business.
Colin Rich, a sergeant major in the 82nd Airborne Division, is legally blind. He said he was refused service Monday at Tony’s Pizza in the Bordeaux Shopping Center because the manager told him his guide dog, Indi, violated the health code.
The manager, who would only identify himself as Tim, said afterward he felt bad about what happened. He said he had never seen anyone walk in with a guide dog.
The manager didn’t apologize to Rich, nor did he allow Rich and the guide dog to stay.
Rich said he has contacted a lawyer and is considering filing a complaint with the U.S. Justice Department against the restaurant for violating the Americans with Disabilities Act.
The act requires that restaurants and other privately owned businesses serving the public allow people with disabilities to bring service animals into customer areas.
Rich and his wife, Nancy, went to the restaurant a little after 1 p.m. with their friend, Roscoe Burnett. As soon as they walked in, the manager told them to leave, Rich said.
“He wouldn’t even let me explain myself,” Rich said. “He just said, ‘I’m not serving you with your dog.’”
Rich said he tried to show the manager his laminated, pocket-size version of the Americans with Disabilities Act, but the manager wouldn’t listen.
The manager said he initially refused the party because he thought the dog was a pet. The manager said he also became angry when Burnett brought up discrimination.
“He threw the race card out there,” he said.
Burnett and the Riches are white.
The manager said he also worried the dog might bite customers and that others might want to bring their pets into the restaurant.
Rich, who wears dark, oversized sunglasses indoors and out, lost much of his sight after being shot in the back of the head during a 2002 raid on the border of Afghanistan and Pakistan. The shot entered his occipital lobe, causing loss of sight and seizures.
Rich still serves with the 82nd. He recently returned from Iraq, though he’s in the process of retiring.
Rich got Indi — a 3-year-old black Labrador retriever mix — about five weeks ago from a guide-dog training company in Florida. He made the decision to buy a guide dog after realizing he needed help getting around.
Rich said it was the first time he’s been kicked out of a restaurant because of the dog.
“I’m frustrated,” he said. “I take it as a personal insult to me and anyone else who is in this situation. The law is cut and dried.”
Cynthia Magnuson, a spokeswoman with the Department of Justice, said the restaurant won’t face penalties as a result of Rich’s complaint.
“There’s nothing that automatically happens,” Magnuson said. “It’s a civil violation.”
The Department of Justice does plan to call the restaurant to explain the law to them, she said.
Rich and his wife talked with a Cumberland County magistrate and later contacted a lawyer.
They also have taken their business to Primo’s Pizza on Raeford Road.
“We should’ve come here first,” Rich said.
Video: Soldier Denied Service Due To Guide Dog






