Brookfield restaurant agrees to settlement over ADA violations, officials say

BROOKFIELD — A local restaurant has settled with the U.S. Attorney’s Office after allegations it failed to comply with the Americans with Disabilities Act.

A patron with disabilities alleged that Down the Hatch, a restaurant owned by Lakeshore Lounge Inc., required the customer’s service animal to be removed or the person would not be served, according to a news release from the office. The release didn’t say what type of service animal was with the person.

The settlement also resolves a complaint that the restaurant’s restrooms and parking spaces were not accessible to people with physical disabilities, the release said.

“As a result of the settlement agreement, the restaurant is in the process of posting signs indicating ‘Service Animals Welcome,’ ” according to the release. Down the Hatch also agreed to make significant improvements that will increase accessibility to restrooms and parking, the U.S. Attorney’s Office said.

In addition, the business made a payment to the customer as compensation, the release stated.

By cooperating with the U.S. Attorney’s Office, the owner of Down the Hatch has avoided litigation, the release said.

Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and conduct reviews to ensure compliance.

The Justice Department is also authorized to file federal lawsuits “in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties,” the release stated.

Michael Cummo/Hearst Connecticut Media A Stamford restaurant in 2018 posted signs telling customers the difference between a service dog and an emotional service animal after the health department found the restaurant in violation of state law. Only trained service dogs are allowed. Down the Hatch in Brookfield settled with a customer who complained it was in violation of ADA laws by not serving someone with a service animal, according to the U.S. Attorney's Office.