Welcome to another edition of the CertaPet Newsletter! Stay informed on the latest updates, regulations, and heartwarming stories surrounding Emotional Support Animals (ESAs) and Service Animals. This week, our news report takes us to Lexington, Kentucky, where a restaurant has fallen foul of discrimination laws regarding Service Animals.
Mediterranean Restaurant Found Guilty Of Discrimination Against A Woman With A Service Animal
The Lexington-Fayette County Human Rights Commission ruled against The Oasis Mediterranean Restaurant in a case involving alleged discrimination against Sarah Van Vooren and her Service Animal.
According to a news release from the Commission, Van Vooren visited the restaurant on March 16, 2023, and was denied service due to the presence of her Service Dog. The release further revealed Van Vooren was allegedly prohibited from accessing the buffet and was asked to leave the premises immediately.
In response, she filed a case with the Commission under the city’s public accommodation ordinance on March 30, 2023.
The Commission issues a Probable Cause Determination on October 26 after investigating the issue. The parties to the case were given a brief window to conciliate the matter before the Commission moved to a public hearing. However, the conciliation efforts did not bear fruit.
In an interview with the Herald-Leader, the restaurant owner, Ahmad Saleh, stated that he considers his restaurant open to all. He also mentioned that he asked Van Vooren to leave after her Service Dog was sniffing at a buffet during the lunch hour rush.
He said that seemed unacceptable even though the animal was a Service Dog, and that he was focused on “…handling the situation fast … and if the health department got involved, that would be an issue as well. We all know animals are not supposed to be around food that’s being served to the public.”
Ray Sexton, executive director of the Commission, shed light on the prevalence of cases involving Service Animals. While they may be rare, they’re not uncommon. He cited a recent case in November involving a disabled veteran and the operators of LexLive Corner Bar that reached a settlement with the U.S. Attorney’s Office.
Sexton also clarified that the Commission’s mandate is to represent anyone who experiences discrimination in employment, housing, or public accommodation, underscoring its crucial role in upholding human rights.
On March 18, 2024, the Lexington-Fayette County Human Rights Commission ruled against the Oasis Mediterranean Restaurant and voted to present the case to a public hearing officer who will determine whether the restaurant owes Van Vooren monetary damages for embarrassment and humiliation.
Source: Herald-Leader
CertaPet’s Thoughts on This Week’s News
While the restaurant owner claimed he asked Van Vooren to leave because her Service Animal was sniffing around the buffet, he failed to mention why he didn’t communicate his concerns to the customer to reach a more amicable solution. Businesses require more awareness and training to deal with situations involving Service Animals to ensure they don’t infringe on the customer’s rights.
If you’re living with a mental illness, getting an emotional support animal could really help your recovery. These loving animals could ease your symptoms and help you live a happier, fuller life. If you’re ready to start the process, take our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional, who will have a consultation with you. Then, if you qualify, you’ll get your ESA letter in no time.