Crescent Springs Business Reaches Agreement with Government Addressing Compliance with the Americans with Disabilities Act
LEXINGTON, KY (STL.News) MD Food, the owner of a Subway franchise in Crescent Springs, Kentucky (“MD Food”), will pay $1,000 to a complainant and modify its policies and practices, to ensure access for individuals with disabilities using a service animal, as part of a civil settlement agreement with the federal government. The agreement resolves a civil investigation by the U.S. Attorney’s Office for the Eastern District of Kentucky into allegations that MD Food excluded an individual using a service animal, in violation of the Americans with Disabilities Act. (“ADA”).
The investigation was prompted by a citizen complaint. The complainant, a veteran, suffers from post-traumatic stress disorder and uses a service animal to assist with his disability. He attempted to dine-in at the Subway restaurant, but an employee required him to leave, pursuant to its “no dogs” policy. Because of the denial of access, the veteran reported that he was embarrassed, anxious, and suffered emotional distress.
Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are required to modify their policies, practices, or procedures—such as a no pet policy—to permit the use of a service animal by an individual with a disability.