Krist v. Kolombos Rest. Inc.
688 F.3d 89
2d Cir.2012Background
- Krist, disabled since 2003, sued Kolombos Restaurant (Coopertown Diner) for ADA, NY State, and NYC claims based on 2008–2009 service dog access and alleged hostile conduct.
- She regularly dined at Coopertown for ~20 years; after acquiring a service dog in late 2008, interactions with staff became cool and confrontational.
- Owners allegedly yelled at her about the dog on several occasions; Krist claims this conduct discriminated against her disabilities and service animal.
- District court found no evidence of denial of access, lack of accommodation, or discriminatory intent, and noted only isolated, non-outrageous conduct.
- Judgment entered for Kolombos; Krist appealed alleging improper intent requirement, actual exclusion, and civility-code theory, which this court reviews de novo for law and clearly erroneous for factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title III requires discriminatory intent to prove discrimination | Krist argues intent not required to prove ADA discrimination | Kolombos contends intent may be relevant or implied | No reversible error; court affirms, noting no required intent element for ADA claim under these facts |
| Whether Krist was actually excluded from Coopertown or the dog excluded | Krist asserts actual or constructive exclusion occurred | Kolombos argues she remained welcome with the dog and had access | No clear error; Krist was not shown to be excluded or denied access |
| Whether ADA imposes a civility code violated by staff conduct | Krist claims conduct was insensitivity amounting to discrimination | ADA does not create a civility code | Title III does not require civility; not a civility code violation |
| Whether State/City claims were properly analyzed or abandoned | City/State claims should be treated separately | District court properly addressed them; arguments fail | State claim coextensive with Title III; City claim rejected as abandoned or meritless |
Key Cases Cited
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (U.S. 1998) (ADA civility limits not absolute; discrimination includes denial of goods/services)
- Camarillo v. Carrols Corp., 518 F.3d 153 (2d Cir. 2008) (Title III denial-of-service claims; civility not required)
- PGA Tour, Inc. v. Martin, 532 U.S. 661 (U.S. 2001) (antidiscrimination scope; disabilities context)
- Anderson v. Bessemer City, 470 U.S. 564 (U.S. 1985) (clearly erroneous standard for factual findings; credibility of witnesses)
- Powell v. National Board of Medical Examiners, 364 F.3d 79 (2d Cir. 2004) (Title III injunctive relief; framework for ADA claims)
- Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268 (2d Cir. 2009) (independent liberal construction of City Code claims)
- Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723 (8th Cir. 1999) (insensitivity not automatic harassment; civility code limits)