BUNNELL, Florida. – The owner of a restaurant in Bunnell, Florida, is accused of discrimination following an incident involving a man and his service dog.

The incident was captured on video by dog ​​owner Thomas Broadway and shows a heated exchange between Broadway, the restaurant owner, and his daughter, who also works at the establishment. In separate interviews with FOX 35’s Marie Edinger, all three parties agreed that the altercation went badly.

“All you have to do is tell me again that you are refusing to serve me because I have a service dog,” Broadway says in the video.

“He doesn’t even have a uniform,” replies the restaurant owner.

“You don’t have to wear a uniform,” Broadway replies.

“Yes, they are!” argues the owner.

The Flagler County Sheriff’s Office arrived at the scene and prosecutors are currently reviewing charges accusing the restaurant owner of violating the rights of people with disabilities.

“He was just so persistent and so mean,” Broadway said. “The way they treated us – I really didn’t know how to deal with it.”

Broadway, a disabled veteran who suffers from PTSD and other health issues, says his service dog Radar helps him navigate the outside world. But he claims this incident has taken a toll on him.

“I had sleepless nights because of it. It was very, very annoying,” he said. “It cost me a lot.”

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In a phone interview with FOX 35, the restaurant owner and his daughter said they did not refuse service to Broadway because of his dog. Instead, they claimed they simply asked about the dog and asked Broadway to leave when he became angry.

Broadway, however, tells a different story: “They asked me about my dog, told me they wouldn’t serve me, and then I got angry.”

In the video taken by Broadway, the restaurant owner’s daughter can be heard screaming, “Get out! Get out! Get out!”

“You don’t have any papers, sir,” adds the restaurant owner.

“Service dogs don’t have papers,” Broadway tries to explain, his voice raised in frustration.

“Yes, they do!” counters the restaurant owner.

They don’t.

According to the Americans with Disabilities Act (ADA), it is illegal to request documentation for a service dog. It is also prohibited to ask about the nature of a person’s disability or to require the dog to demonstrate its learned tasks.

Attorney Charles Brady, who specializes in disability law and owns a service dog himself, advises companies to be cautious. “My first warning to companies is: Don’t think you know everything,” Brady said. “Be open to the fact that you can be wrong about these laws.”

According to the ADA, businesses are only allowed to ask if the dog is a service animal required due to a disability and what job or task the dog has been trained to do. Broadway carries a card explaining these laws and says he tried to educate the restaurant owner.

“I tried to educate them on the ADA laws and that it was illegal to deny me service because of my service dog,” Broadway told FOX 35. “He said, ‘It doesn’t matter. I’m not going to serve you.'”

While emotional support animals do not enjoy the same legal protections as service dogs and there are specific laws regarding their inclusion in homes, these laws do not apply to all public spaces.

“You don’t want to kick a disabled person out of a restaurant because they have a service animal,” Brady said. “That’s the only thing you know about them – that they have a disability. So you’re inherently discriminating against them by kicking them out.”

Broadway has also filed a complaint with the state alleging violations of his civil rights.

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