PONA v. CECIL WHITTAKER'S, INC.

No. 97-3387.

155 F.3d 1034 (1998)

Marilyn PONA, Appellant, v. CECIL WHITTAKER'S, INC., Appellee, and C.W. Central Westend, Inc.; Eye's Enterprises, Inc.; Paul Lia, as Trustee of Eye Enterprises, Inc.; Ralph Lia, as Trustee of Eye Enterprises, Inc.; Jim Craddock, as Trustee of Eye's Enterprises, Inc.; Paul Lia, In His Individual Capacity; Ralph Lia, In His Individual Capacity; Jim Craddock, In His Individual Capacity, Defendants, and St. Louis Board of Police Commissioners; Ann Marie Clarke, Member of the City of St. Louis Board of Police Commissioners; Matthew J. Padberg, Member of the City of St. Louis Board of Police Commissioners; Robert Haar, Member of the City of St. Louis Board of Police Commissioners; Freeman Bosley, Jr., Member of the City of St. Louis Board of Police Commissioners; Charles Mischeaux, Member of the City of St. Louis Board of Police Commissioners; Michael Calcaterra, In His Individual Capacity and as a Police Officer for the City of St. Louis; Matthew Rodden, In His Individual Capacity and as a Police Officer for the City of St. Louis; and Joseph W. Robinson, In His Individual Capacity and as a Police Officer for the City of St. Louis, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 18, 1998.


Attorney(s) appearing for the Case

Jerome J. Dobson, St. Louis, Missouri, argued (Jonathan C. Berns and Gregory A. Rich, on the brief), for Appellant.

Louis Gilden, St. Louis, Missouri, argued for appellee, Cecil Whittakers.

Judith A. Ronzoi, St. Louis, Missouri, argued, for the appellees Anne-Marie Clarke, et al.

Before RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges, and PANNER, District Judge.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

After the employees of a Cecil Whittaker's Pizzeria asked Marilyn Pona to leave their premises because she had a service dog with her, Ms. Pona, who suffers from degenerative spine and joint disease, filed suit, laying claims under the Americans with Disabilities Act (ADA), see 42 U.S.C. §§ 12101-12213, 42 U.S.C. § 1983, and the Missouri Human Rights Act (MHRA...

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