Herman Clavon, III v. Roscoe Bk Restaurant

MEMORANDUM

Herman Clavon entered a Burger King restaurant with his dog “Knight” and was denied service under the restaurant’s “no dogs” policy. Alleging that he is disabled and that the dog was a service animal, Clavon filed a complaint making state and federal claims for race and disability discrimination. The district court granted summary judgment for the defendants on the grounds that Clavon failed to show he was disabled or that the dog was a service animal, and failed to present any evidence that his exclusion from the restaurant was motivated by racial animus. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Federal law defines a “service animal” as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.” 28 C.F.R. § 36.104 ; see also Cal. Civ.Code § 54.1(b)(6)(C)(iii) (defining “service dog” as “any dog individually trained to the requirements of the individual with a dis ability”). “The work or tasks performed by a service animal must be directly related to the individual’s disability.” 28 C.F.R. § 36.104 .

The district court found that “the record is devoid of any competent evidence creating a…