LAKE STEVENS — A lawsuit filed by a disabled Lake Stevens man against the city, police and the owners of the former Lake Shore Inn and Lounge is scheduled for a jury trial Feb. 2 in U.S. District Court on a discrimination claim.
Milo J. Kippen, who is paraplegic, filed the lawsuit alleging that the defendants violated his civil rights as a disabled person in August 2002. At that time, according to his complaint, he took his two service dogs into the restaurant, where an assistant manager told him to leave. The employee said the dogs violated the city’s health code.
Kippen gave the manager a written statement regarding businesses’ obligations under the federal Americans with Disabilities Act to allow service dogs. He then was allowed to enter with his dogs, the lawsuit said.
Two days later, he returned to the restaurant with his dogs and a manager again stopped him. He was not allowed to enter this time. He and his dogs left, the suit said.
Kippen claims he subsequently was threatened by the police with a charge of criminal trespass if he went to the restaurant again. The warning was issued at the owner’s request, and remained in effect for six months, he says in court documents.
The suit names the city, the police department, officer Wayne Aukerman, the former Lake Shore Inn and Lounge, and its owners, Jay and Mohammed Jaatar.
None of the defendants could be reached for comment Friday.
Kippen alleges that he was discriminated against because he is disabled. He is seeking unspecified damages, attorney fees and costs, and an order preventing further discrimination by the defendants.
The city and police have sought to have the lawsuit dismissed, saying they were protected from such a suit because the officer was just doing his job. Kippen was never arrested or prosecuted for criminal trespass.
The city and police also sought dismissal because they didn’t own, lease or operate the Lake Shore Inn and Lounge, and had no duty to investigate whether the owners’ request was illegal or discriminatory.
They also are seeking attorney fees and costs. In court documents, they also deny "threatening" Kippen merely by warning him that he could be subject to arrest if he returned to the restaurant.
Kippen, 62, suffered a broken back and severed spine in a traffic accident in 1978. He spends most of his time in a wheelchair. He began using service dogs in 1980. His two current dogs assist him when he is not with friends or relatives who can help him.
Jaatar wanted the dogs tied outside the lounge, according to the lawsuit.
The Lake Shore Inn and Lounge has since filed for bankruptcy.
A business operates at this location under a new name and a new owner.
The Washington Cities Insurance Authority, a self-insurance pool that includes numerous cities across the state, is representing the city.
U.S. District Court officials in Seattle said the jury trial is expected to take three to five days.
Reporter Cathy Logg: 425-339-3437 or logg@heraldnet.com.
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