Update: While it’s true that Title III most definitely needs a public shaming remedy, this case may not be the vehicle for it. Gawker reports that the whole thing was a hoax. Not wishing to be equally credulous of the debunking as I was of the original bunking, I’ll leave the various links and let you decide.
Family says girl scarred by pit bull attack asked to leave KFC restaurant.
A 3-year-old girl who was attacked by pit bulls in April was asked to leave a restaurant in Mississippi because her scars scared customers, the girl’s grandmother told a television station there.
“They said, ‘We have to ask you to leave because her face is disrupting our customers.’ [The girl] understood exactly what they said.”
As you can imagine, this is pretty much an automatic violation of Title III of the ADA, which prohibits discrimination on the basis of disability in public accommodations, including restaurants. But Title III has no damages remedy; the only thing the girl and her family would be entitled to would be an order permitting them to eat at the restaurant in question.
Since there’s no damages remedy and the injunctive remedy is somewhere between less-than-useless and adding-insult-to-injury, I propose — in addition to the very-expensive-scotch remedy for hotel reservation violations — that Title III have a public shaming remedy.
Here, the remedy would include a requirement that (1) the waitstaffperson who made the request wear a sign saying “I acted like an asshole. I’ve learned my lesson. I will not act like an asshole — at least to people with disabilities in restaurants — in the future;” (2) the owner of the restaurant wear a sign saying, “I promise not to hire assholes and I promise to train my staff not to act like assholes,” and (3) the waitstaffperson and restaurant owner buy the entire family a meal at the best restaurant in town as well as a year’s supply of Popeye’s fried chicken, which everyone knows is the far superior take-out fried chicken.