Department of Justice FOR IMMEDIATE RELEASE CR THURSDAY, JUNE 26, 1997 (202) 616-2765 TDD (202) 514-1888 SHONEY'S RESTAURANTS TO LET DINERS WITH DISABILITIES BRING IN SERVICE ANIMALS UNDER AN AGREEMENT WITH THE JUSTICE DEPARTMENT WASHINGTON, D.C.- Under a settlement reached with the U.S. Department of Justice, Shoney's Inc. will ensure that its 544 restaurants welcome persons with disabilities accompanied by their service animals. The settlement resolves a complaint filed by a Charlestown, New Hampshire woman, who is deaf. She alleged that the Shoney's restaurant in Huntsville, Alabama violated the Americans with Disabilities Act (ADA) by refusing to allow her and her service dog into the restaurant. Under the agreement, the 544 corporately-owned restaurants will adopt a new national policy to ensure that people with service animals have access to all Shoney's restaurants. Shoney's also has another 300 franchises. "A service animal is not a pet, and plays an important role in the day-to-day life of a person with a disability," said Acting Assistant Attorney General for Civil Rights, Isabelle Katz Pinzler. "By entering into this agreement, Shoney's is doing its part towards eliminating obstacles for individuals with (MORE) - 2 - disabilities." According to the complaint, the woman was accompanied by her "hearing" dog, "Gizmo," and several friends when she was asked by the Huntsville restaurant management for a Department of Health card for Gizmo. After a lengthy debate, the complainant and her friends left the restaurant without being served. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. A "hearing" dog is responsible for alerting persons with hearing impairments to sounds. Under the law, an individual is not required to show documentation of a disability, but is required to identify their animal as a service animal. According to the terms of the agreement, which was reached on June 11, Shoney's will: * develop and prominently post a written policy statement indicating that all persons with disabilities, including those accompanied by service animals, are welcome in the restaurant, and that no proof of an animal's certification as a service animal is required; * train all present and future staff to ensure that people with disabilities, including those with service animals, are treated in a nondiscriminatory manner and are afforded the same service as that afforded any customer of the restaurant; and, * pay the complainant $1,000 in damages. Title III of the ADA prohibits discrimination by pr businesses, including restaurants, on the basis of disability. The Department of Justice's ADA World Wide Web Home Page and (MORE) SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 BETWEEN THE UNITED STATES OF AMERICA AND SHONEY'S, INC., 905 MEMORIAL PARKWAY, N.W., HUNTSVILLE ALABAMA DJ.#202-1-7 I. Background 1. This matter was initiated by a complaint, dated April 8, 1996, filed with the United States Department of Justice ("the Department"), against Shoney's Restaurant (Shoney's), in Huntsville, Alabama. The complaint was investigated by the Department under the authority granted by section 308 (b) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.  12188. The complainant, LisaDawn McCabe, has a physical disability and uses a service animal. She alleges that she, her service animal, and several companions, were in Shoney's on January 15, 1995. Ms. McCabe alleges that, after identifying her dog as a service animal, she was repeatedly asked to show identification for her service animal and a blue card from the Health Department. Ms. McCabe allegedly became frustrated with the repeated harassment and asked management to call the police. After the arrival of the police, Ms. McCabe still was not allowed to order and was again asked for identification for her service animal. Then, along with her companions, she decided to leave the restaurant. 2. Shoney's denies that it acted unlawfully with respect to the complainant. Shoney's alleges that it did not refuse service to the complainant. The restaurant alleges that following a polite inquiry by the waiter, Ms. McCabe along with her friend became loud and rude. The Manager of the restaurant again asked Ms. McCabe for identification for her service animal. Ms. McCabe became irate and obstinate towards the manager, and was adamant about not producing any identification. The manager allegedly called the police because Ms. McCabe and companions were causing a disturbance. Ms. McCabe and her companions allegedly continued to be belligerent towards the police. Shortly thereafter, the police asked Ms. McCabe to leave the restaurant because of the disruption to services. 3. The parties have agreed to settle this matter without resolving the factual and legal dispute regarding the lawfulness of Shoney's actions. 4. The parties to this Settlement Agreement ("Agreement") are the United States of America and Shoney's, Inc. 5. This Agreement does not constitute an admission of liability and/or fault on the part of Shoney's. The parties enter into this Settlement Agreement in order to avoid litigation and hereby agree as follows: II. Title III Coverage 6. Title III of the ADA and it's implementing regulation prohibit discrimination on the basis of disability by places of public accommodation. 42 U.S.C.  12182; 28 C.F.R.  36.201. 7. Shoney's is an establishment serving food or drink and is, therefore, a place of public accommodation as defined in section 301(7)(B) of the ADA, 42 U.S.C.  12181, and its implementing regulation, 28 C.F.R.  36.104. 8. The ADA requires that places of public accommodation make reasonable modifications in policies, practices, or procedures to permit the use of service animals by people with disabilities, 28 C.F.R.  36.302(c). Although some States have programs to certify service animals, places of public accommodation may not insist on proof of State certification before permitting the entry of a service animal to a place of public accommodation. U.S. Department of Justice, Title III Technical Assistance Manual,  III- 4.2300. 9. The complainant, LisaDawn McCabe, is an individual with a disability, as defined by the ADA and its implementing regulation. 42 U.S.C.  12102; 28 C.F.R.  36.104. III. Actions to be Taken by Shoney's 10. Shoney's agrees to take the following actions within 45 days of the date of this Agreement: a. Shoney's shall develop and post in a prominent location of its public areas a written policy statement indicating that all persons with disabilities, including those accompanied by service animals, are welcome in the restaurant, and that no proof of an animal's certification as a service animal is required. However, Shoney's may inquire of any person bringing an animal into the store whether such an animal is a service animal required because of a disability, as contemplated by the ADA. b. Shoney's shall train all present and future staff to ensure that all people with disabilities, including those with service animals, are treated in a nondiscriminatory manner and are afforded the same service and courtesy as that afforded any customer of the restaurant. 2 c. Shoney's shall pay to LisaDawn McCabe the sum of $1,000 by certified check. The check shall be made payable to LisaDawn McCabe. The Cafe shall mail the check to Ms. McCabe by certified mail, return receipt requested. A copy of the check and the transmittal letter shall be sent to counsel for the government. 11. Upon completion of the actions required by paragraph 10, the Cafe shall notify the Department of Justice that it has fulfilled it's obligations and shall provide the Department of Justice with a copy of the Cafe's policy statement. IV. Implementation 12. Under section 308(b)(1)(B) of the ADA, 42 U.S.C.  12188(b)(1)(B), the Attorney General is authorized to bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised. In consideration of the Agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit under title III in this matter. 13. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any provision thereof has been violated, it may institute a civil action in the Federal District Court for Alabama, or any other appropriate Federal district court, following written notice to Shoney's, Inc., 905 Memorial Parkway, N.W., Huntsville, Alabama, 35801 of the possible violation and a period of twenty (20) days in which Shoney's has the opportunity to cure the first alleged violation. The Attorney General is authorized to seek civil penalties pursuant to 42 U.S.C.  12188(b)(2)(C). For any subsequent alleged violations of this Agreement, the Department may institute a civil action against Shoney's without any waiting period for Shoney's to cure the alleged violation. 14. This Agreement is a public document. A copy of this Agreement or any information contained herein may be made available to any person. The Department shall provide a copy of this Agreement to any person upon request. 15. This Agreement shall become effective as of the date of the last signature below. 3 16. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement shall be enforceable. This Agreement is limited to the facts as set forth in paragraphs 1 through 3, and it does not purport to remedy any other potential violations of the ADA or any other Federal, State or local law. This Agreement does not affect Shoney's continuing responsibility to comply with all aspects of the ADA. For the United States: Isabelle Katz Pinzler Acting Assistant Attorney General for Civil Rights By: (Signature) Date: June 11, 1997 John L. Wodatch, Chief Allison Nichol, Deputy Chief Ron Whisonant, Investigator Disability Rights Section Civil Rights Section U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-3882 Shoney's Inc. By:(Signature) Date: 2 June 1997 Shoney's Inc. 905 Memorial Parkway, N.W. Huntsville, Alabama 35801 4 1 SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 2 BETWEEN THE UNITED STATES OF AMERICA AND SHONEY'S, INC. 3 AMENDED TO READ: 1727 ELM HILL PIKE, NASHVILLE, TENNESSEE 37210 4 D.J. #202-1-7 5 III. Actions To Be Taken by Shoney's 6 10. Shoney's agrees to take the following actions within 60 days of the date of this Agreement. 7 Shoney's, Inc. 8 1727 Elm Hill Pike 9 Nashville, Tennessee 37210