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I was refused service in a restaurant. The owner told me my…

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I was refused service...

I was refused service in a restaurant. The owner told me my service dog was not welcome. He then posted on his restaurants facebook page that he would rather close his doors than to allow dogs in his business. The ADA does not apply to him. And that people with service dogs should leave them at home an get a person to help them. There is nothing a dog can do that a person can't do.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Please read my post

Lawyer's Assistant: Has anything been filed or reported?

Yes I've filed with BBB and the DOJ.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's the short version.

Submitted: 11 months ago.Category: Legal
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9/21/2017
Lawyer: Loren, Attorney replied 11 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,299
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Lawyer: Loren, Attorney replied 11 months ago

Private parties can bring their own ADA Title III lawsuits without the assistance of DOJ. Section 12188(a)(1) states that a private party subject to Title III discrimination may seek remedies under § 204(a) of the federal Civil Rights Act of 1964 (Civil Rights Act), 42 U.S.C. § 2000a-3(a). This means that a private party may receive equitable relief, such as a court order requiring a business to remove a barrier or provide auxiliary aids, but cannot be awarded financial damages as a result of their ADA Title III lawsuit. However, the federal law does allow a court to award reasonable attorney’s fees if the private party wins the lawsuit. See 42 U.S.C. § 2000a-3(b).

While it is not required you have an attorney, it is highly recommended you have a lawyer representing you if you go to court. Civil rights claims are complex litigation.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

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Lawyer: Loren, Attorney replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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