Florida restaurant owner accused of discrimination after incident with service dog

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Updated  August 29, 2024 12:09am EDT
FOX 35 Orlando
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Restaurant denies customer over service dog: Owner

A restaurant owner in Bunnell, Florida, faces accusations of discrimination following an incident involving a man and his service dog.

BUNNELL, Fla. - A restaurant owner in Bunnell, Florida, faces accusations of discrimination following an incident involving a man and his service dog.

The incident, captured on video by the dog’s owner, Thomas Broadway, shows a heated exchange between Broadway, the restaurant owner, and the owner’s daughter, who also works at the establishment. In separate interviews with FOX 35's Marie Edinger, all three parties agreed that the confrontation went poorly.

"All I need you to do is to tell me again you’re refusing me service because I have a service dog," Broadway says in the video.

"He doesn’t even have a service jacket," the restaurant owner replies.

"They’re not required to have a service jacket," Broadway responds.

"Yes, they are!" the owner argues.

The Flagler County Sheriff’s Office responded to the scene, and the State Attorney’s Office is now reviewing charging documents accusing the restaurant owner of interfering with the rights of the disabled.

"He was just so adamant and just so nasty," Broadway said. "The way they treated us — I really didn't know how to deal with that."

Broadway, a disabled veteran who suffers from PTSD and other health issues, says his service dog, Radar, helps him navigate the outside world. However, he claims this incident has taken a toll on him.

"I've lost sleep over it. It's been very, very aggravating," he said. "It did take a big toll."

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In a phone interview with FOX 35, the restaurant owner and his daughter stated they did not deny Broadway service because of his dog. Instead, they claim they merely asked about the dog and asked Broadway to leave when he became upset.

Broadway, however, tells a different story: "They asked me about my dog, told me they wouldn’t serve me, and then I got upset."

In the video recorded by Broadway, the restaurant owner’s daughter can be heard shouting, "Get out! Get out! Get out!"

"You don’t have service papers, sir," the restaurant owner adds.

"Service dogs don’t have papers," Broadway tries to explain, his voice raised in frustration.

"Yes, they do!" the restaurant owner fires back.

They do not.

The Americans with Disabilities Act (ADA) makes requesting documentation for a service dog illegal. It also prohibits asking about the nature of a person’s disability or requiring the dog to demonstrate its trained tasks.

Attorney Charles Brady, who specializes in disability law and has a service dog himself, advises businesses to be cautious. "My first caution to businesses is: don’t think you know everything," Brady said. "Be open to being wrong about these laws."

According to the ADA, businesses are only permitted to ask whether the dog is a service animal required because of a disability and what work or task the dog has been trained to perform. Broadway carries a card explaining these laws and says he tried to educate the restaurant owner.

"I tried to educate them on the ADA laws and that it was illegal for him to deny me service due to my service dog," Broadway told FOX 35. "He said, ‘It doesn’t matter. I'm not going to serve you.’"

While emotional support animals do not have the same legal protections as service dogs, and there are specific laws regarding their admission into housing, these laws do not extend to all public spaces.

"You don’t want to kick a disabled person out of a restaurant for having a service animal," Brady said. "That’s the only thing you know about them — that they have a disability. So you've per se discriminated against them by removing them."

Broadway has also filed a complaint with the state for violating his civil rights.

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