As a former department store owner, attorney Mitchell Kline is a strong advocate for business owners. The Law Office of Mitchell A. Kline recently took on a disability discrimination case involving a local pizza restaurant owner and a customer. The case centered around allegations made by the customer, raising important questions about accessibility and compliance in small businesses. Here’s a closer look at the details and key takeaways from this case.
Case Details
The COVID-19 pandemic forced businesses worldwide to adapt and make changes to their operations. This includes implementing safety protocols, enforcing social distancing guidelines, and offering alternative methods of service, such as delivery or curbside pickup.
The incident occurred during the height of COVID-19, a time when restaurant customers were required to wear masks. Our client had clearly posted several signs throughout the establishment, reminding patrons that masks were mandatory. The plaintiff refused to wear a mask and had a small dog with her in a cage, which she claimed was her service dog. Our client did not allow the customer into the restaurant because she was in violation of the posted mask requirement. While she was not permitted to enter the store due to her violation of the business’s COVID-19 protocols, the customer alleged that our client discriminated against her due to her disability.
The Results
The Law Office of Mitchell A. Kline successfully defended the restaurant owner by proving that there was no discrimination based on disability. We were able to provide evidence that the customer’s behavior went against established safety protocols.
The judge determined that our client, the owner of the restaurant, had refused entry to the plaintiff not because she was accompanied by a service dog but because she was not wearing a mask, which was a requirement in place at the time due to public health regulations. The ruling clarified that the decision to deny access was based on adherence to the restaurant’s safety policies rather than discrimination against the plaintiff’s use of a service animal. This distinction was pivotal in the case, as it demonstrated compliance with health guidelines rather than an act of bias or exclusion.
Understanding the Right to Refuse Service: Legal Guidelines for Businesses
Legally, businesses retain the right to refuse service to customers, but this right is not absolute and must comply with federal, state, and local laws. Under the Americans with Disabilities Act (ADA), businesses are required to provide reasonable accommodations to individuals with disabilities, including allowing service animals, provided they meet the legal definition and are properly trained.
However, a business can refuse service if a customer’s behavior violates safety protocols or poses a direct threat to others, as long as such actions are not discriminatory. It is crucial for business owners to thoroughly understand the legal boundaries and ensure their policies are applied consistently and fairly to avoid violations or lawsuits.
Your Dedicated Advocate
In the end, while attorney Mitchell A. Kline primarily represents plaintiffs, his experience as a former department store owner gives him a balanced perspective, reminding us that neither side holds a monopoly on the truth. His goal is to protect the rights of both business owners and customers, striving for fair and just outcomes for all parties involved. If you are a business owner facing a similar legal challenge, contact the Law Office of Mitchell A. Kline today to discuss your case.
