STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JACK G. WEST, )

)

Petitioner, )

)

vs. )

) SEMBLER CORPORATION, d/b/a BAY ) WALK, )

)

Respondent. )

Case No. 06-4776

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on March 14, 2007, in St. Petersburg, Florida, before Susan B. Harrell, a designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: (No appearance)

For Respondent: Eric E. Ludin, Esquire

Tucker & Ludin, P.A.

13577 Feather Sound Drive, Suite 300

Clearwater, Florida 33762 STATEMENT OF THE ISSUE

The issue in this case is whether Respondent discriminated against Petitioner based on Petitioner's religion.

PRELIMINARY STATEMENT

On October 17, 2006, the Florida Commission on Human Relations issued a Notice of Determination: No Cause, advising

Petitioner, Jack G. West (Mr. West), that the Florida Commission on Human Relations had determined that there was no reasonable cause to believe that a public accommodation violation was committed by Respondent, Sembler Corporation, d/b/a Bay Walk (Bay Walk), against Mr. West. Mr. West filed a Petition for Relief, which was forwarded to the Division of Administrative Hearing for assignment to an Administrative Law Judge. The case was originally assigned to Administrative Law Judge Jeff B. Clark, but was transferred to Administrative Law Judge Susan B. Harrell to conduct the final hearing.

The final hearing was originally scheduled for January 9, 2007. Bay Walk requested that the final hearing be continued. The request was granted, and the final hearing was rescheduled for January 31, 2007. Mr. West requested a continuance. On January 26, 2007, an Order Granting Continuance and Re- scheduling Hearing was entered, setting the final hearing for March 14, 2007, at 9:30 a.m. Mr. West was sent a copy of the order by United States Mail.

On March 14, 2007, Mr. West failed to appear at the scheduled time for the final hearing. The commencement of the final hearing was delayed until 10:00 a.m. to give Mr. West time to appear or to advise the undersigned or the Division of Administrative Hearings why he was not going to appear. Neither Mr. West nor any representative of Mr. West appeared at the

final hearing which commenced at 10:00 a.m. Mr. West did not advise either the undersigned or the Division of Administrative Hearings why he did not appear at the scheduled final hearing.

FINDINGS OF FACT

1. The final hearing in this case was scheduled for March 14, 2007. Mr. West was provided notice of the hearing.

   Neither Mr. West nor any representative of Mr. West appeared at the final hearing. Mr. West has not advised the undersigned or the Division of Administrative Hearings why he did not appear at the final hearing.

2. Mr. West failed to present any evidence to support the allegations in his petition.

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. §§ 120.569 and 120.57, Fla. Stat. (2006).

4. Mr. West alleged in his Petition for Relief that Bay Walk is guilty of a public accommodation violation, specifically that Bay Walk discriminated against him based on his religion. Mr. West has the initial burden to make a prima facie showing that Bay Walk discriminated against him based on his religion. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Mr. West presented no evidence at the final hearing; thus, he has failed to carry his initial burden in this case.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered dismissing Mr. West's Petition for Relief.

DONE AND ENTERED this 23rd day of March, 2007, in Tallahassee, Leon County, Florida.

S

SUSAN B. HARRELL

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 2007.

COPIES FURNISHED:

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Eric E. Ludin, Esquire Tucker & Ludin, P.A.

13577 Feather Sound Drive, Suite 300

Clearwater, Florida 33762

Jack G. West

Post Office Box 1765

St. Petersburg, Florida 33731

Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 06-004776

Orders for Case No: 06-004776