LAKE STEVENS — A federal judge is considering a motion by the city to dismiss a lawsuit in which a disabled man claims police violated his civil rights by issuing a trespass order to keep him out of a local restaurant.
The lawsuit by Milo J. Kippen had been scheduled for this month before Judge Robert Lasnik in U.S. District Court, but now has been continued to March 3 while the judge considers the city’s motion.
In August 2002, Kippen, a paraplegic, took his two service dogs into the former Lake Shore Inn and Lounge. Initially, he was told to leave because his dogs violated city health code. But he was allowed to stay after he provided restaurant management with a written statement regarding service dogs under the Americans With Disabilities Act, his lawsuit says.
Two days later, he returned to the restaurant with his dogs and was not allowed to enter. Police issued a criminal trespass warning barring him from the property at the owner’s request, his lawsuit claims.
The lawsuit named the city, the police department, officer Wayne Aukerman, the inn and its owners, Jay and Mohammed Jaatar. The Jaatars and the inn now are in federal bankruptcy court.
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