Staples customer barks in court, judge bites
By JULIET MCSHANNON Daily Press Staff Writer
A local retailer has been hit with an unusual order to pay punitive damages after a patron’s visit to buy a fax machine ended in a forced visit to the emergency room.
The way Stephanie Schatz told it, her April trip to the Staples Office store on Lincoln Boulevard turned into a customer service nightmare.
It’s rare that a small claims judge awards punitive damages in Santa Monica. But commissioner pro tem Richard Bisetti concurred last week in Schatz’ claim that Staples treated her outrageously in denying her service because she had with her a dog which was medically necessary.
He awarded her $2,000 for pain and suffering in the episode, another $1,000 because the store wouldn’t let her back in the next day to complain and more than $600 in medical expenses she incurred when police whisked her off to an emergency room.
Schatz, of Mar Vista, visited Staples with her service dog, Miles, a golden Labrador that assists her due to a disability affecting her balance. She testified that upon reaching the check-out counter she was told by the cashier that she couldn’t be served until her dog left the store. Schatz said she tried to explain that Miles was a service animal legally allowed inside regardless of the store’s no-dog policy.
Schatz said she waited in line another half-hour while an on-duty manager was summoned. Then, feeling unsteady and dizzy, she sat down on the floor, she told the court. When no manager appeared Schatz reached for her cell phone and, in exasperation, called police, she said. By this time, the shop had closed at 6 p.m.
After police and paramedics arrived, they concluded that Schatz was unable to drive home and that she needed medical attention, she recalled. Her subsequent required visit to the Daniel Freeman Hospital in Marina Del Rey cost her four hours and $659.80.
694,“All I went in for was a fax machine. Who would have believed it?” she exclaimed in court.
“All I went in for was a fax machine. Who would have believed it?” — — STEPHANIE SCHATZ Plaintiff
Schatz said she returned to the store the next morning to fetch her car. When she sought entry to complain to the manager about her treatment, she was blocked by an employee who pointed to a sign. It said, “No Dogs Allowed Except Those Exempt from State Law.”
“The employee didn’t seem to understand that my service dog constitutes such an exception,” she said during the hearing.
Her lawsuit requested $659.80 for her medical bills plus an award for pain and suffering that she set at about $1,980 — three times the medical costs.
Commissioner Bisetti ordered Staples to pay it all, plus another $1,000 for the store’s conduct the next day. It’s unclear whether Staples will appeal.
Clark Colvin, a Staples representative admitted in court that the store felt some responsibility in the case and offered to settle the matter.
Colvin said Staples offered Schatz $500 plus a $100 merchandise allowance. Schatz laughingly termed the offer insufficient and said she decided to go to small claims court instead.
Colvin chalked the episode up to inadequate staff training but noted that Staples “has an obligation to train staff.”
Santa Monica Deputy City Attorney Adam Radinsky later applauded the ruling. Radinsky, who has been involved in hundreds of consumer cases, noted it’s illegal to refuse service to a patron accompanied by a legitimate assistance animal.
“We encourage any person who believes they have been wrongfully denied access to contact my office,” he said.
“We encourage any person who believes they have been wrongfully denied access to contact my office.” — — ADAM RADINSKY Santa Monica Deputy City Attorney
Schatz decided to buy her fax machine at another Staples store on Bundy Avenue. She and Miles did so without incident.
Originally published in the Santa Monica Daily Press print edition on June 25, 2003. Read the original PDF.