DOJ's efforts to enforce Americans with Disabilities with Service Dog

The Department of Justice (DOJ) recently released a status report detailing their efforts to enforce Americans with Disabilities Act (ADA). In this report there are 14 instances involving the denial of access to services or discrimination against a person with a disability because they were accompanied by a service animal (dog) during a period from July 2010- September 2010.

On July 19, 2010, the U.S. District Court for the District of Nebraska entered a consent decree resolving a simultaneously filed lawsuit against QuikTrip Corporation, a company that owns and operates more than 550 gas stations, convenience stores, travel centers, and truck stops in the Midwest, South, and Southwestern United States. Under the terms of the decree, QuikTrip will remove barriers over a three year period at its current stores to achieve compliance with ADA accessibility requirements; ensure that at least two gas dispensers at current stores and all gas dispensers at future stores are accessible to individuals with disabilities, including the dispenser controls, self-service payment mechanisms, and call buttons for customers who need assistance; adopt, implement, and train store employees on policies for providing refueling and other types of assistance for people with disabilities, serving people who use service animals, and maintaining accessible features, such as accessible parking and routes; upgrade and maintain call buttons for customers with disabilities requesting assistance; and implement and maintain an ADA comment line and a complaint resolution process to resolve ADA-related complaints received from customers. QuikTrip will also design and construct future stores to comply with ADA accessibility requirements and will make its website accessible. In addition, QuikTrip will create a $1.5 million compensatory damages fund for individuals who were victims of discrimination and will pay a civil penalty in the amount of $55,000.


On July 14, 2010, the owner and operator of the Sheraton Grand Sacramento Hotel in Sacramento, California, entered into a settlement agreement resolving a complaint by a hotel guest with a disability who was required to pay a pet deposit and was assigned to the pet floor because she was accompanied by her service animal. In the settlement, the hotel agreed to adopt an ADA-compliant service animal policy, write to 33 other Sheraton hotels around the country encouraging them to ensure equal access for guests with disabilities who use service animals, and pay $500 in compensatory damages to the complainant.
On July 19, 2010, Blockbuster, Inc., entered into a settlement agreement with the Department resolving a complaint filed by an individual with a disability who was denied access on multiple occasions at different Blockbuster stores when she attempted to shop while accompanied by a service animal, even after contacting Blockbuster, Inc., and receiving assurances that she would be allowed to shop at Blockbuster stores with her service animal. The agreement requires Blockbuster to adopt and implement a comprehensive service animal policy, provide training to employees at more than 3,000 retail stores throughout the United States about the policy, post its service animal policy and signs welcoming service animals in each of its stores, and establish a toll-free number and a grievance procedure for resolving ADA complaints from customers. Blockbuster will also pay $12,000 in compensatory damages to the complainant and a $10,000 civil penalty to the United States.

continue reading, click here.