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MILDRED R. SMITH vs JUST 1 MORE BAR AND GRILL, 11-002269 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002269 Visitors: 16
Petitioner: MILDRED R. SMITH
Respondent: JUST 1 MORE BAR AND GRILL
Judges: R. BRUCE MCKIBBEN
Agency: Commissions
Locations: Lakeland, Florida
Filed: May 05, 2011
Status: Closed
Recommended Order on Monday, August 8, 2011.

Latest Update: Nov. 03, 2011
Summary: The issue in this case is whether Respondent, Just 1 More Bar and Grill (hereinafter the "Bar"), discriminated against Petitioner, Mildred R. Smith, by refusing her entry into the Bar due to her race, African-American.Petitioner did not meet burden of proof in discrimination claim.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


MILDRED R. SMITH,


Petitioner, FCHR Case No. 2010-02178


v. DOAH Case No. 11-2269


JUST 1 MORE BAR AND GRILL, FCHR Order No. 11-081


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE


Preliminary Matters


Petitioner Mildred R. Smith filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 509.092 and 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent Just 1 More Bar and Grill committed an unlawful public accommodations practice on the basis of Petitioner’s race (African American) by denying Petitioner service.

The allegations set forth in the complaint were investigated, and, on March 9, 2011, the Executive Director issued his determination finding that there was reasonable cause to believe that an unlawful public accommodations practice had occurred.

Petitioner filed a Petition for Relief and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Lakeland, Florida, on July 20, 2011, before Administrative Law Judge R. Bruce McKibben.

Judge McKibben issued a Recommended Order of dismissal, dated August 8, 2011.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.


Findings of Fact


A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Gantz, et al.

v. Zion’s Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. 11-048 (June 6, 2011), Mack v. Agency for Persons with Disabilities, FCHR Order No. 11-026 (March



Filed November 3, 2011 8:55 AM Division of Administrative Hearings


17, 2011), Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30,

2004).

We adopt the Administrative Law Judge’s findings of fact.


Conclusions of Law


We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.


Exceptions


Neither party filed exceptions to the Administrative Law Judge’s Recommended Order.


Dismissal


The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.


DONE AND ORDERED this 3rd day of November , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Donna Elam, Panel Chairperson; Commissioner Gayle Cannon; and Commissioner Billy Whitefox Stall


Filed this 3rd day of November , 2011, in Tallahassee, Florida.


/s/ Violet Crawford, Clerk Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082


Copies furnished to:


Mildred R. Smith Post Office Box 4158

Lake Wales, FL 33859


Just 1 More Bar and Grill

c/o Robert H. Grizzard, II, Esq. Robert H. Grizzard, II, P.A. Post Office Box 992

Lakeland, FL 33802-0992


R. Bruce McKibben, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 3rd day of November , 2011.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 11-002269
Issue Date Proceedings
Nov. 03, 2011 (Agency) Final Order Dismissing Petition for Relief from an Public Accommodations Practice filed.
Aug. 08, 2011 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 08, 2011 Recommended Order (hearing held July 20, 2011). CASE CLOSED.
Jul. 27, 2011 Letter To Whom It May Concern from Mildred Smith regarding complaint filed.
Jul. 25, 2011 Respondent's Proposed Findings and Conclusions filed.
Jul. 20, 2011 CASE STATUS: Hearing Held.
Jul. 14, 2011 Respondent's Witness List (and) Exhibit List filed.
Jul. 08, 2011 Notice of Transfer.
Jul. 07, 2011 Notice of Transfer.
Jun. 21, 2011 Letter to DOAH from M. Smith regarding an initial order filed.
May 16, 2011 Order of Pre-hearing Instructions.
May 16, 2011 Notice of Hearing (hearing set for July 20, 2011; 9:00 a.m.; Lakeland, FL).
May 12, 2011 Unilateral Response to Initial Order filed.
May 12, 2011 Notice of Appearance (of R. Grizzard) filed.
May 10, 2011 Response Initial Order filed.
May 05, 2011 Initial Order.
May 05, 2011 Public Accommodation Complaint of Discrimination filed.
May 05, 2011 Notice of Determination: Cause filed.
May 05, 2011 Determination: Cause filed.
May 05, 2011 Petition for Relief filed.
May 05, 2011 Transmittal of Petition filed by the Agency.

Orders for Case No: 11-002269
Issue Date Document Summary
Nov. 03, 2011 Agency Final Order
Aug. 08, 2011 Recommended Order Petitioner did not meet burden of proof in discrimination claim.
Source:  Florida - Division of Administrative Hearings

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