Prosecutor: NKY Subway turned away veteran with service dog, settles citizen complaint

A Subway franchise in Northern Kentucky that turned away a veteran with a service dog will adopt and implement a service animal policy, according to a settlement agreement.

The veteran suffers from post-traumatic stress disorder and uses the service dog to assist with his disability, according to a news release from the Department of Justice. 

The investigation, prompted by the veteran's citizen complaint, was conducted by the U.S. Attorney's Office for the Eastern District of Kentucky. The prosecutor's office found that MD Food, which owns the Crescent Springs, Kentucky, franchise, violated the Americans with Disabilities Act when a Subway employee enforced the restaurant's "no dogs" policy and would not allow the veteran to dine in.

The veteran said he was embarrassed, anxious and suffered emotional distress over the incident, according to the release.

“Restaurants, as public accommodations, are required to ensure proper access to their customers with disabilities,” U.S. Attorney for the Eastern District of Kentucky Carlton S. Shier, IV said.  “This includes allowing service dogs, which are a necessary means for many individuals with disabilities. The Department of Justice is committed to ensuring that individuals with disabilities have proper access under the ADA and we are pleased that MD Food has agreed to modify its policies and practices to comply with the Act.”

Prosecutors say MD Food will pay $1,000 in damages to the veteran in addition to modifying its current policies and practices around service animals. The company agreed to provide training on its new service dog policy to employees and managers, and post the policy at the restaurant.