City of Cullman responds to Christkindlmarkt lawsuit

Ferris wheel at Cullman Christkindlmarkt (Cullman Parks, Recreation & Sports Tourism)

Veteran claims service dog was denied entry to the market’s Ferris wheel

Updated Dec. 21, 2024, at 3:54 p.m.

CULLMAN, Ala. – The City of Cullman this morning responded to a lawsuit brought by a veteran who says his service dog was denied entry to the Ferris wheel at the Cullman Christkindlmarkt. The lawsuit was filed by Kenneth Browning of Birmingham on Dec. 18, 2024, against the City of Cullman and Kissell Entertainment, dba Ride Worx.

According to the court filing, Browning is a veteran who suffers from PTSD. The suit claims Browning’s service dog was not allowed on the ADA-accessible Ferris wheel at the Cullman Christkindlmarkt on Nov. 29, 2024. The lawsuit claims that by denying his service animal access, the parties violated the Americans with Disabilities Act.

City of Cullman Attorney Luke Satterfield provided this statement to The Tribune Saturday, Dec. 21: “The City was notified of the claim and has turned it over to our insurance. We cannot comment on the legalities of the suit. I can say that Ride Worx is completely separate from the city, operating as an independent contractor, using its employees, infrastructure and regulations. This was not a structural ADA issue under the control of the City. The City made sure to have in place the appropriate insurance requirements from Ride Worx and the necessary legal language in place prior to contracting for their service for the event. We do not take ADA issues lightly, as we have spent time, money and resources in formulating a city-wide transition plan to address all ADA infrastructure issues under the control of the City, and we monitor that and keep a spreadsheet with all completed and outstanding issues as we chip away through the process.”

While preparing to cover this year’s Christkindlmarkt, The Tribune obtained a copy of the City’s contract with Ride Worx, LLC.

That contract reads, in part:

“To ensure the best possible customer service for Christkindlmarkt visitors, the City of Cullman requires that all ride operators, whether employed directly by the City or through a contracted service, are easily identifiable and adhere to the highest standards of professionalism, courtesy, and safety. Ride operators must wear the designated uniform, which includes all-black attire with no writing or logos larger than 3”x3” and a branded red hat, shirt, or pullover provided by the City of Cullman to identify them as verified Christkindlmarkt operators. All operators must be trained to assist guests, answer basic questions about the rides, and create a welcoming and enjoyable experience. Additionally, ride operators must follow all safety protocols established by the City of Cullman to maintain consistency and uphold the Christkindlmarkt brand.”

And

“Ride Worx shall assume full liability for the operation, maintenance, and safety of the Ferris Wheel, as well as for the conduct and safety of all employees associated with its operation. Ride Worx agrees to provide proof of insurance, including general liability and workers’ compensation coverage with a minimum coverage amount of $3 million per occurrence, with the City of Cullman named as an additional insured. The insurance policy shall be maintained for the duration of this agreement, and a copy of the insurance certificate must be provided to the City of Cullman prior to the commencement of operations and upon any renewal or modification of coverage.”

The lawsuit was filed in the United States District Court, Northern District of Alabama, Northeastern Division.

It claims Browning is “a qualified individual with a disability under the ADA. BROWNING is a veteran of the US Army and, following active duty deployments to combat zones, has a service connected disability and a ‘qualified disability’ under the Americans with Disabilities Act of 1990, (‘ADA’) and all other applicable Federal statutes and regulations, to the extent that he has Post Traumatic Stress Disorder and other Anxiety disorders for which he utilizes a professionally trained service dog. Prior to instituting the instant action, BROWNING visited the Defendant’s premises at issue in this matter, the Cullman Christkindlmarkt, with his daughter and goddaughter, and was denied full, safe and equal access to the subject properties due to their lack of compliance with the ADA and more specifically, was denied access to the Ferris Wheel on the basis of disability. BROWNING continues to desire and intends to visit the Defendant’s premises but continues to be denied full, safe and equal access due to the barriers to access that continue to exist.”

The suit alleges (per official court documents):

On November 29, 2024, BROWNING attended Cullman Christkindlmarkt with his professionally trained service dog, and his daughter and goddaughter.
BROWNING purchased tickets to ride the Ferris Wheel with his family and while doing so was advised by the ticket salesperson that BROWNING’S service dog could ride the Ferris Wheel with him in the accessible gondola.
When it came time to board the Ferris Wheel, BROWNING and his family were advised by the Ferris Wheel ride attendant that his dog could not ride the Ferris Wheel.
BROWNING relayed to the ride attendant what he had been told by the ticket salesperson about his service dog being allowed to ride with he and his family in the accessible gondola.
The Ride attendant used a two-way radio to ask a supervisor and explained that “some man is trying to ride with his dog.”
BROWNING, and some other bystanders waiting to ride the Ferris Wheel, interjected to correct the ride attendant that the dog was a “service” dog, but the ride attendant merely commented: “whatever,” and did not relay that information to the supervisor.
BROWNING was able to hear the supervisor tell the ride attendant over the radio that he should not be allowed to ride with his dog.
BROWNING was directed to exit the ride and to seek a refund from the ticket salesman.
The altercation with the ride attendant triggered BROWNING to have a panic attack which required him lie down while in the ticket refund line and which in turn caused his service dog to go into task mode by lying on top of him to help calm him.
BROWNING left the event early, immediately thereafter, and sought additional medical treatment following the event which resulted in an adjustment to his medication.
BROWNING was unlawfully discriminated against on the basis of disability due to Defendants’ lack of appropriate policies and procedures for service dogs at Cullman Christkindlmarkt, and their failure to modify same upon request for BROWNING and other bystanders.
BROWNING has suffered humiliation, embarrassment, frustration, mental anguish and emotional distress which continues to affect him currently.