Commission on Human Rights
Kentucky Commission on Human Rights issues March rulings

LOUISVILLE – The Kentucky Commission on Human Rights Board of Commissioners today ruled to accept one discrimination case conciliation. It dismissed 27 complaints with findings of no probable cause and accepted three withdrawals with private settlements of undisclosed amounts and five withdrawals without settlement but with a right to sue.

Cathy Durbin filed a discrimination complaint on Feb. 28 against Derby City Waffles LLC and Waffle House Inc. alleging violations of the Kentucky Civil Rights Act and the Americans with Disabilities Act. The complaint made charges that discrimination occurred based on the protected class of Disability in the jurisdiction of Public Accommodations at the Waffle House restaurant located at 2809 Fern Valley Road in Louisville. Durbin, who has a disability that requires her to use a wheelchair, alleged the restaurant is not accessible to people with disabilities. Derby City Waffles et al denied any violation of the law, asserting that the facility was in existence before the passage of the Americans with Disabilities Act and was therefore protected by a grandfather clause from having to modify its premises. In the conciliation agreement to settle the matter, Derby City Waffles agreed to either provide accessible seating or to close the facility until all accessibility requirements, including accessible restrooms, are met.

The Kentucky Commission on Human Rights is the state government agency that enforces The Kentucky Civil Rights Act and the policies of federal civil rights laws.

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