Metropolis of Cullman Responds to Christkindlmarkt Lawsuit

Veteran claims service canine was denied entry to market’s Ferris wheel

Up to date December 21, 2024 at 3:54 p.m

CULLMAN, Ala. – The Metropolis of Cullman responded this morning to a lawsuit introduced by a veteran who says his service canine was denied entry to the Ferris wheel on the Cullman Christkindlmarkt. The lawsuit was filed on December 18, 2024 by Kenneth Browning of Birmingham towards the Metropolis of Cullman and Kissell Leisure, dba Journey Worx.

Based on the courtroom submitting, Browning is a veteran who suffers from PTSD. The swimsuit alleges that Browning’s service canine was not allowed on the ADA-accessible Ferris wheel on the Cullman Christkindlmarkt on November 29, 2024. The lawsuit alleges that by denying his service animal entry, the events violated the People with Disabilities Act.

Metropolis of Cullman Legal professional Luke Satterfield offered this assertion to The Tribune on Saturday, December 21: “The Metropolis has been notified of the declare and has forwarded it to our insurance coverage. We can’t touch upon the legality of the case. I can say Journey Worx is totally separate from town, working as an unbiased contractor, utilizing its workers, infrastructure and rules. This was not a structural ADA situation beneath the management of the Metropolis. The Metropolis made certain to have the suitable insurance coverage necessities of Journey Worx and the mandatory authorized language in place earlier than contracting for his or her service for the occasion. We don’t take ADA points evenly, as we’ve got hung out, cash and sources formulating a citywide transition plan to handle all ADA infrastructure points beneath the management of the Metropolis, and we monitor it and maintain a spreadsheet with all accomplished and excellent points as we break down by means of the method.”

Whereas making ready to cowl this yr’s Christkindlmarkt, The Tribune obtained a duplicate of the Metropolis’s contract with Journey Worx, LLC.

The contract reads partly:

“To make sure the absolute best customer support for Christkindlmarkt guests, the Metropolis of Cullman requires that each one trip operators, whether or not instantly employed by the Metropolis or by means of a contracted service, be simply identifiable and meet the very best requirements of professionalism, courtesy and security . Journey operators should put on the designated uniform, which incorporates all black apparel with no writing or logos bigger than 3″x3” and a branded crimson hat, shirt or coverall offered by the Metropolis of Cullman to establish them as verified Christkindlmarkt operators . All operators should be skilled to help friends, reply primary questions concerning the rides and create a welcoming and nice expertise. Moreover, trip operators should observe all security protocols established by the Metropolis of Cullman to take care of consistency and uphold the Christkindlmarkt model.”

And

“Journey Worx will settle for full legal responsibility for the operation, upkeep and security of the Ferris wheel, in addition to for the conduct and security of all workers related to its operation. Journey Worx agrees to supply proof of insurance coverage, together with basic legal responsibility and staff’ compensation protection with a minimal protection quantity of $3 million per incidence, with the Metropolis of Cullman named as an extra insured. The insurance coverage coverage shall be maintained throughout this settlement, and a duplicate of the insurance coverage certificates shall be offered to the Metropolis of Cullman previous to the graduation of operations and upon any renewal or modification of protection.”

The lawsuit was filed in the US District Court docket, Northern District of Alabama, Northeast Division.

It claims Browning is “a professional particular person with a incapacity beneath the ADA. BROWNING is a veteran of the US Military and, after lively responsibility deployment to fight areas, has a service-connected incapacity and a ‘certified incapacity’ beneath the People with Disabilities Act of 1990, (‘ADA’) and all different relevant federal statutes and rules, to the extent that he treats post-traumatic stress dysfunction and different nervousness problems for which he makes use of a professionally skilled service canine.Previous to the establishment of the moment motion, BROWNING visited the Defendant’s premises at situation on this matter, the Cullman Christkindlmarkt, together with his daughter and goddaughter and was given full, protected and equal entry denied to the topic properties as a consequence of their lack of compliance with the ADA and extra particularly, denied entry to the Ferris wheel on the idea of incapacity BROWNING continues to want and intend to the Defendant’s to go to premises, however are nonetheless denied full, protected and equal entry because of the obstacles to entry that also exist.”

The swimsuit alleges (per official courtroom paperwork):

• On November 29, 2024, BROWNING attended Cullman Christkindlmarkt together with his professionally skilled service canine, and his daughter and goddaughter.
• BROWNING bought tickets to trip the Ferris wheel together with his household and whereas doing so was knowledgeable by the ticket vendor that BROWNING’s service canine might trip the Ferris wheel with him within the accessible gondola.
• When it got here time to board the Ferris wheel, BROWNING and his household had been knowledgeable by the Ferris wheel attendant that his canine couldn’t trip the Ferris wheel.
• BROWNING relayed to the trip attendant what he had been advised by the ticket vendor about his service canine being allowed to trip with him and his household within the accessible gondola.
• The trip attendant used a two-way radio to ask for a supervisor and defined that “one man is attempting to trip his canine.”
• BROWNING, and some different bystanders ready to trip the Ferris wheel, intervened to right the trip jockey that the canine was a “service” canine, however the trip attendant merely commented, “no matter al,” and never relay that info to the supervisor.
• BROWNING might hear the supervisor telling the driving force over the radio that he was not allowed to trip together with his canine.
• BROWNING was advised to depart the trip and to ask for a refund from the ticket vendor.
• The altercation with the trip attendant resulted in BROWNING having a panic assault that required him whereas within the ticket refund line and which in flip brought about his service canine to enter job mode by laying on prime of him to assist settle down.
• BROWNING left the occasion early, instantly afterwards, and sought further medical therapy following the occasion which resulted in an adjustment to his medicine.
• BROWNING was unlawfully discriminated towards on the idea of incapacity because of Defendants’ lack of acceptable insurance policies and procedures for service canines at Cullman Christkindlmarkt, and their failure to amend them upon request for BROWNING and different bystanders.
• BROWNING suffered humiliation, embarrassment, frustration, psychological anguish and emotional misery that continues to have an effect on him at this time.

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