Lexington rights commission: Restaurant discriminated against woman with service dog
The Lexington-Fayette County Human Rights Commission has ruled against a local restaurant in a case of alleged discrimination involving a service animal.
The commission, which investigates and enforces civil rights laws, voted on March 18 to present the case involving Oasis Mediterranean Restaurant in Chevy Chase to a public hearing officer, who will determine if the restaurant owes a patron monetary damages for embarrassment and humiliation, according to Ray Sexton, executive director of the commission.
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On March 16, 2023, Sarah Van Vooren alleges Oasis “discriminated against her based on her disability after she was denied service at the restaurant due to the presence of her service animal,” according to a news release from the commission. She alleged “that she was told that she could not have access to the buffet with ‘that dog’ and was told to leave the restaurant immediately.”
The case was brought under Lexington’s public accommodation ordinance.
Van Vooren did not immediately respond to a request for comment Tuesday.
Van Vooren filed a complaint with the commission on March 30, 2023. The commission investigated and issued a Probable Cause Determination on Oct. 26.
The parties were given an opportunity to conciliate the case before moving to a public hearing, according to the commission, but conciliation failed. A date for a public hearing has not yet been set.
Ahmad Saleh, owner of Oasis Restaurant Group LLC, said in an interview with the Herald-Leader after the commission announced that the case would go to a public hearing, that he considers his restaurant “open to all.”
He said he asked Van Vooren to leave after her service dog “came sniffing at the buffet” during lunch rush.
“That’s not acceptable even if it was a service dog,” he said. “I kind of blocked the way of the dog.”
He said he was focused on “handling the situation fast ... and if the health department got involved that would be an issue as well. We all know animals are not supposed to be around food that’s being served to the public.”
Sexton said cases involving service animals are rare, but not unheard of.
In November, the owners and operators of LexLive reached a settlement with the U.S. Attorney’s Office after a disabled veteran accused them of forcing her group to leave because of the presence of a service animal. The woman and others were forced to leave LexLive’s Corner Bar in December 2022 because she was accompanied by her service animal.
The Lexington-Fayette Urban County Human Rights Commission, which was created jointly by the city and the county fiscal court in 1967, represents those who have experienced discrimination in employment, housing or public accommodation.
