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Is kicking someone out of a business because they have a Service Dog discrimination?

1 Answers. Asked on Feb 25th, 2017 on Discrimination - Texas
More details to this question:
In late January, a man kicked me out of his store because I had my Service Dog with me. He said it was a health code violation because he had food cooking in a back room (that is not accessible to the public), then when I told him that the Americans with Disabilities Act says that doesn't matter, he told me that he knew the laws on Service Dogs but didn't care and wanted "that dog out of his store". I called the police, but they didn't even file a complaint despite the fact I had called them for that very reason. I have filed a complaint to and recieved a response from the Department of Justice, they will not be taking any action. So, basically my question is can I have him charged with discrimination for this?
Answers Showing 1 out of 1
Answered on Feb 26th, 2017 at 7:14 PM

You could file a more local complaint. You could also file a lawsuit against the company; however, there are some exceptions to the law (concerning service dogs and discrimination against those with disabilities) that may prevent you from winning the suit.

--- The Overstreet Law Firm 2100 N. Main, Suite 228 Fort Worth, TX 76164 Practicing in DFW & Houston Area Phone: 817-810-9747 Email:

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Discrimination occurs when a person or group of people are treated differently as a result of some personal characteristic, such as age, gender, skin color, disability or national origin. A number of federal laws ban discrimination against certain groups (known as "protected classes") in a variety of settings, including on the job and in housing. State and local laws often reinforce these bans and make it illegal to discriminate against classes not protected under federal laws. If you feel as if you've been discriminated against, talk to a law firm or attorney with experience handling discrimination claims. There are legally proscribed processes for addressing various types of discrimination, and your lawyer will be able to guide you through the complaint resolution process.
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