A Lexington, Kentucky, restaurant has been fined $25,000 by the Lexington Human Rights Commission for discriminating against a patron over her service dog.
The woman, a disabled Navy veteran, was denied service and told to leave the Oasis Mediterranean Restaurant in Chevy Chase in March 2023 because of her service dog.
In an opinion on the incident, a hearing officer said, “The offense was intentional and it was severe.”
The officer said Oasis and owner Ahmad Salah violated state regulations and city ordinances, and the fine amount was appropriate given the circumstances.
Sarah Van Vooren, now a Fayette County Public School teacher, filed the complaint with the Lexington-Fayette County Human Rights Commission in 2023, alleging that she was discriminated against based on her disability after she was denied service at the restaurant due to the presence of her service animal. The commission investigated and issued a probable cause determination.
On Sept. 15, the commission voted to adopt the order by the hearing officer.
Saleh has 30 days to appeal the order in Fayette Circuit Court. Saleh did not immediately respond to a request for comment.
Van Vooren was not immediately able to comment.
“This is a significant victory for the Commission and Ms. Van Vooren, whose only transgression that day was wanting to enjoy a nice lunch while accompanied by her service dog,” Raymond Sexton, executive director of the Lexington-Fayette County Human Rights Commission, said in a statement Thursday. “This case is a stark reminder that disabilities come in many forms, both seen and unseen. Our anti-discrimination laws exist to ensure that everyone (including the disability community) has equal access to employment, housing and public accommodations and our office will vigorously enforce them.”
Incident Involved Service Dog, Buffet
According to the hearing officer’s report, Salah “unlawfully discriminated against ... Sarah Van Vooren by failing to accommodate her at its restaurant. Specifically, the violation stemmed from the fact that even though Ms. Van Vooren was a disabled individual accompanied by a service animal, (Saleh and Oasis) refused to accommodate her request to use the restaurant’s restroom and presumably the use of its buffet table.”
The report details how Van Vooren, accompanied by her service blond Labrador Mooney, entered the restaurant and was seated by Saleh. When Van Vooren and Mooney attempted to go to the restroom, Saleh blocked their path and refused to allow them to pass by the buffet. Van Vooren then documented on her phone camera Saleh denying her service.
Video provided by Van Vooren showed that the dog was wearing a vest labeling it as a service animal.
Second Unrelated Complaint Against Oasis Restaurant
After Van Vooren filed her complaint, a second patron filed a similar complaint against Oasis. Danielle Burton, who uses a seeing eye dog, Violet, reported that when she visited the restaurant in June 2024 she was denied access to the buffet with her dog.
Saleh, who testified on his own behalf, cited health department food care regulations as justification for his actions, according to the hearing officer’s report.
What Oasis Owner Said
But Lexington-Fayette County Health Department regulations explicitly say escorted police patrol dogs and service animals are permitted in dining areas.
“During the course of his testimony, (Saleh) did not show any signs of remorse. In fact, he expressed the opposite point of view, in that he didn’t think he had to be nice to someone who was making a scene in his restaurant,” according to the report.
Saleh attempted to say that he denied access only to Mooney, Van Vooren’s dog, but the hearing officer called that “a distinction without a difference. Denial of the dog’s ability to be with Ms. Van Vooren is a denial of service to Ms. Van Vooren.”
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