Blind veteran claims he was denied access at Florence restaurant with service dog

FLORENCE, Colo. (KRDO) -- A blind U.S. Army veteran said he was denied access for a public accommodation at Oak Creek Grill and Tavern in Florence when attempting to enter with his guide dog.

Now, he's filed a claim with the Colorado Division of Civil Rights.

Dan Kern has been blind for 15 years due to a radiation exposure while serving in the Army. He's always used his cane to get around — until about a year ago when he got his guide dog, Yoffi. In June, Kern went to grab lunch at the Oak Creek Grill and Tavern in Florence.

He said he only made it a couple of steps inside before he was approached by an employee. 

“I was immediately told that there was no pets allowed. I informed the person that this is not a pet," Kern said. "It’s a guide dog, and he can go wherever I go.”

According to Kern, they offered to sit him on the back patio. He did not accept this offer due to the hot weather. KRDO13 also spoke with the owner of the restaurant who said they did not refuse Kern service but would not provide a statement beyond this.

According to Florence Police, who were called out to the incident, one of the employees was allergic to dogs and 8 months pregnant.  Police said the offer to sit Kern outside was an attempt at making reasonable accommodations while keeping the employee safe. There was no charge made.

According to the Department of Justice, allergies are not considered a valid reason for denying access or refusing service and suggests that both people be located in different rooms. The DOJ goes on to state that people with disabilities cannot be isolated from other patrons.

Kern provided KRDO13 documentation of his filing with the Civil Rights Division, but the state could not disclose any details about the documents.

Kern has also contacted an attorney and told KRDO13 they're considering suing. 

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