Scott Higbee walks his service dog Darna in a still image from body-worn camera footage (Midland Police Department/WJRT).
A former member of the armed forces was unceremoniously bounced and banned from a mall in Michigan because of an encounter with his service dog, a federal lawsuit filed this week alleges.
In an 11-page complaint, Scott Higbee has sued the owners of the Midland Mall in the city of the same name over alleged violations of the Americans with Disabilities Act of 1990 (ADA), as well as Michigan's homegrown version of that landmark civil rights law.
The underlying incident occurred on Dec. 18, 2025, which he said was the third visit to the mall that month, according to the lawsuit. During each visit, he was with his service dog, a beagle named Darna.
"Shortly after entering the mall and walking around a play structure being built in the food court area, Plaintiff was physically grabbed by [the mall manager]," the lawsuit reads.
The manager then asked Higbee, a veteran of both the U.S. Army and National Guard, what he was doing in the mall with the dog and said "Pets are not allowed," according to the lawsuit.
Higbee said that prior to the altercation, he had been taking Darna to walk around the mall with him for the past five years.
As the interaction continued, Higbee told the manager that Darna is his service dog and showed her the dog's identification. But the manager allegedly became "hostile" and told Higbee there was "no such thing as a service dog identification," the filing claims.
Then came the alleged violation.
"[The manager] then asked Plaintiff, 'What is your disability?,'" the lawsuit reads. " Plaintiff informed [the manager] that he has PTSD and that this is the reason for his service dog. [The manager] stated that there is no disability called PTSD and that Plaintiff needed to leave with his 'pet.' [The manager] also claimed to be a service dog trainer and stated that she has a doctoral degree in service dog training."
Higbee alleged the manager violated the ADA – and the corresponding Wolverine State statute – by asking him about his disability in the context of inquiring about his service dog.
The lawsuit cited the relevant statute as follows:
A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.
In other words, and according to the lawsuit, such lines of questioning are strictly limited to exactly two questions.
"Specifically, [the manager] asked Plaintiff 'What is your disability?' rather than limiting her inquiry to the two questions permitted under the ADA: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform," the lawsuit continues.
The plaintiff's lead attorney, Ryan Kaiser, elaborated in comments to Flint-based ABC affiliate WJRT, saying a person can only ask someone with a disability two questions under federal and state law.
"Is this a service animal, and what service does this provide, or does the animal provide?" Kaiser explained. "You can't ask whether this person has a disability, what the disability is."
Higbee also said that the manager's comments that there is "no disability called PTSD" further demonstrated "her discriminatory intent and lack of understanding of disability rights."
After the initial interaction, Higbee walked away because the manager refused to provide any documentation showing she was actually a mall employee or had the authority to ask him to leave, according to the lawsuit. Then, the manager allegedly followed Higbee and Darna and yelled that she would have him arrested.
"For what?" the veteran says he asked. "All I am doing is walking."
Soon, another mall employee appeared with the manager, according to the lawsuit. Then, a Midland Police Department officer arrived.
"Yeah, I am getting harassed for my service dog," Higbee told the police officer as he shook his hand in body-worn camera footage.
The plaintiff went on to complain that his civil rights were being violated by the mall manager. To which the officer said that he was only there to get Higbee off the property, according to the lawsuit.
After a bit of discussion, Higbee left willingly, the lawsuit said. While he was driving away, Higbee was flagged down by the same officer and the mall manager, who informed him that he was "trespassed" and barred from entering the mall ever again.
The complaint also took issue with this action.
"Plaintiff has been deprived of the ability to visit Midland Mall, which he had used regularly for over five years for physical exercise and mental health purposes," the lawsuit goes on. "The loss of access to Midland Mall has negatively impacted Plaintiff's physical and mental health."
In comments to the TV station, the mall's owner aimed to contradict some of the plaintiff's claims.
He said an investigation showed none of Higbee's claims were true and Darna was interacting with another service dog at the mall that day in a manner that did not align with typical service animal behavior.
The mall owner also said the manager did, in fact, ask Higbee what tasks his dog could perform and that, in response to her question, the plaintiff used profane language.
"I am not here to say Scott was 100 percent in the right, but I think all of those things occurred because of the mall not handling the situation correctly," the plaintiff's attorney said in response.
The lawsuit seeks compensatory damages for the interaction and the trespass order, as well as an injunction forcing the mall to revoke the trespass order and to "develop and implement a policy regarding service animals that complies with the Americans with Disabilities Act and its implementing regulations."