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  1. #1
    Join Date
    Jun 2008
    Posts
    13

    Unhappy Service Dog Access Denial Trial Lost - Can I Appeal?

    My question involves civil rights in the State of: CA
    I had my first ADA trial, regarding a dispute over access with my owner trained Service dog, in a restaurant. My attorney filed a civil suit, and it went to Superior court. The defendant never offered to settle, and even wanted a jury until the last minute. They also had a team of attorneys, and employee witnesses to back up their "story", which was all out perjury. The final witness, which we had as our hostile witness, because his deposition clearly said several times that he believed I was asked to leave because I had a dog, changed during trial. He stated he was wrong, and he now believes it was because I "caused a scene", so they had the right to refuse service. Supposedly this is what was devastating to our case. Though his testimony contradicted the employees and owner's. They said my dog was smelly, dirty, and horribly behaved (though he laid silently through two days of trial), and that I ranted and raved, but couldn't give details. So I guess it was my word, against theirs, and the employees, and this other witness. We failed to show burden of proof. I don't understand how the judge couldn't see through their testimony, see that they were lying blatantly.
    I'm told that there is no grounds for appeal, because it's a factual ruling. But justice was not served. I was discriminated against, and also harassed later when in the vicinity of the place. Is there nothing else that can be done? Some mistake in judgement found? Can it be retried as a Federal case? This was a huge blow to me, like getting violated again.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Service Dog Access Denial Trial Lost-appeal?

    I'm sorry that happened to you.

    Have you gotten a "second opinion" from a different attorney?

  3. #3
    Join Date
    Jun 2008
    Posts
    13

    Default Re: Service Dog Access Denial Trial Lost. Can I Appeal?

    I've called several and emailed as well. All but one have turned me down, and the one that said they would do a one hour consult charges $350 just for that. So I imagine pursuing further with them would be much more. I have a limited income. I'm still trying, though. On Monday, I'm going to the courthouse to get the ruling and read it. It's very brief, though I'm told.

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