Legal Question in Disability Law in California

I was discriminated against by a restaurant owner because of my service dog. He outright stated (over the phone, after I talked to his employee in person) that he knew the law & that he was refusing service to me because of my service dog. What can I do? What type of lawyer do I need to contact? I tried ADA lawyers, but they all seem to cover employment discrimination, not cases where I am thrown out of a restaurant and made into a public spectacle by an insensitive manager and his employee.


Asked on 10/03/11, 3:15 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Assuming you have a legitimate service dog, you have a good case. The last case I handled like this (seeing-eye dog refused entry to chain fast-food restaurant) resulted in a mid five figure settlement and an order to post signs at all the chain's restaurants, "Service animals welcome." Keep calling attorneys. Watch out for legal time limits.

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Answered on 10/03/11, 3:26 pm
Terry A. Nelson Nelson & Lawless

If you are a disabled person properly certified by your physicians for need of a service dog, AND your service dog is a properly state certified with vest or other indication of that, and you have documentation of that available and provided on request to the store or business, and you were refused access in a public facility, then yes, you have a valid claim under state law, not ADA. Your service dog certification paperwork explains those rules and laws to you. If you thus qualify and are serious about pursuing this, feel free to contact me for the legal help you'll need. If successful in your claim, you are entitled to your attorney fees in addition to any recovery to you for the 'public interest violation'. If you had actually suffered 'harm', such as one of my similar clients who was refused medical treatment in an emergency, the case value could be substantial.

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Answered on 10/03/11, 4:29 pm


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