Is kicking someone out of a business because they have a Service Dog discrimination?

In late January, a man kicked me out of his store because I had my Service Dog with me. He said it was a health code violation because he had food cooking in a back room (that is not accessible to the public), then when I told him that the Americans with Disabilities Act says that doesn't matter, he told me that he knew the laws on Service Dogs but didn't care and wanted "that dog out of his store". I called the police, but they didn't even file a complaint despite the fact I had called them for that very reason. I have filed a complaint to and recieved a response from the Department of Justice, they will not be taking any action. So, basically my question is can I have him charged with discrimination for this?