Disabled man settles with Mpls. McDonald's over how he, service dog were treated

A lawsuit claiming that a Minneapolis McDonald's restaurant resisted serving a man and his service dog has been settled out of court.

Robert Mingo, 53, of Minneapolis, along with the owner of a McDonald's on W. Broadway near Bryant Avenue N. came to a confidential agreement last week in federal court in St. Paul.

Neither side can discuss details of the agreement. However, Andrew Tanick, the attorney for McDonald's, said Monday that the agreement "does include some requirements that will ensure that all customers, whether they have service animals or not, will be welcome at the restaurant … and to make sure that misunderstandings like that won't happen again in the future."

Mingo said he and the franchise owner, Tim Baylor, were both satisfied. "We're both happy with it. We didn't let it divide us as members of north Minneapolis."

Mingo, who uses a wheelchair because of muscular dystrophy and a chronic back ailment, filed suit in April. The suit claimed Mingo went to the counter of the McDonald's in August 2012, accompanied by his dog, Max, outfitted in a service vest. He was told that the dog prevented him from being served.

Mingo then rolled up to the drive-through and was told by the same employee, "We don't serve those things in the drive-through."

Mingo went back inside and was allowed to buy food but was told that he was banned from coming back.

In May 2013, Mingo returned in his wheelchair and with Max. His order was taken "without any issues," but the manager told him he had to leave. Mingo said that it was illegal to order him out.

"I am the manager here, and I am the law," the manager replied, according to the suit. Mingo received his food and left.

After the settlement was reached, Tanick said Mingo talked with Baylor, who also owns a McDonald's in Golden Valley and another in Robbinsdale. "There were no hard feelings," he said. "[Baylor] looks forward to having him come back and be a customer again."

Under the federal Americans With Disabilities Act, state and local governments, businesses and nonprofit organizations that serve the public generally must allow service animals to accompany those with disabilities.

Mingo receives federal disability benefits. He is also a writer, having published "Poetry for the Soul" in 2008.

"I think Mr. Baylor is a nice guy," Mingo said. "I think we have a lot in common."

Paul Walsh • 612-673-4482