Cases / Down the Hatch Service Animal Denial Case (2023)

Down the Hatch Restaurant (Connecticut) — Service Animal Denial Case (2023)

A federal investigation under **ADA Title III** focusing on a restaurant's denial of service to a customer with a service animal, combined with structural accessibility violations.

Case Background and Violations

In 2023, a restaurant in Brookfield, Connecticut called Down the Hatch (operated by Lake Shore Lounge, Inc.) faced legal action for violating ADA Title III after **refusing service to a customer accompanied by a service animal**. The complainant, who relied on the dog for mobility assistance, was told by restaurant staff that “pets are not allowed,” despite explaining that the dog was a trained service animal.

The incident didn’t just involve the denial of service investigators later found that the restaurant’s restroom and parking facilities were **not wheelchair accessible**, compounding the violation.

Settled, February 2023

Legal Action and DOJ Findings

The complaint was filed through the U.S. Department of Justice (DOJ) under the ADA’s public accommodation provisions. The DOJ investigation confirmed a systemic failure in training and policy.

  • Business failed to provide equal access to a customer with a disability (Title III violation).
  • The restaurant had no written service animal policy in place.
  • Employees were not trained on how to handle service animal inquiries or ADA compliance.

Outcome: Remedial Action and Renovation

On February 13, 2023, the DOJ announced a settlement agreement requiring broad changes to both policy and physical infrastructure.

Develop and implement a “Service Animal Welcome Policy.” Provide ADA compliance and sensitivity training to all staff. Post signage stating “Service Animals Welcome.” Upgrade the restrooms and parking to meet current ADA accessibility standards. Pay an undisclosed monetary settlement to the complainant for emotional distress and inconvenience.

SERVICE
& STRUCTURAL

Focuses on Title III Service Animal rules and physical modifications.

Compliance Takeaway for Hospitality

This case emphasizes that **ADA compliance is dual-layered**: it involves not only physical structure (like accessible restrooms and parking) but also **staff conduct and non-discriminatory policies** (especially concerning service animals). Businesses must proactively train all employees on the two permitted questions regarding service animals to avoid costly litigation and mandated structural upgrades.

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