WESTFIELD, NEW YORK – A restaurant has settled with the U.S. Justice Department after allegedly humiliating a veteran and his service dog by physically blocking their entrance into a dining room and banishing them to a crowded, noisy outdoor patio.
The Justice Department reached an agreement under the Americans with Disabilities Act (ADA) with the When Pigs Fly BBQ Pit restaurant in Westfield, New York to resolve a complaint under title III of the ADA.
The Department’s investigation found that the restaurant discriminated against a veteran with PTSD when it refused to seat him and his family in the main dining room because he was accompanied by his service dog. According to the complaint, as a veteran with PTSD, the complainant celebrates Independence Day early to avoid fireworks and crowds that can trigger his PTSD. On July 2, 2017, as the complainant and his family were about to be seated in When Pigs Fly’s main dining room for a quiet holiday dinner, the owner physically blocked their access and refused to seat the family, because the complainant was accompanied by his service dog. The owner said the dog could not come into the dining room. The owner escorted the family outside and around the main building to a crowded outdoor patio space, where a band was playing loud music. Because of the denial of access to the dining room, the complainant and members of the complainant’s family felt humiliated in front of other customers and restaurant staff and experienced emotional distress.
The settlement agreement requires the restaurant to adopt and implement a service dog policy; provide training on the service dog policy to employees and managers; and post the service dog policy at the restaurant and on the restaurant’s website and in its advertising. The When Pigs Fly BBQ Pit cooperated with the Department throughout the investigation.
