STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DIONNE HARRINGTON ,

JESSICA AUSTIN, DENISE AUSTIN, TRACIE AUSTIN, JAMES AUSTIN, ESTHER HALL, BONLYDIA JONES, BONIRIS MCNEAL, SUMMER MCNEAL, AND DEREK MCNEAL,

Petitioners,

v.

EVE MANAGEMENT, INC. / KA AND KM DEVELOPMENT, INC.,

DOAH I FCHR Case Nos. 14-0029 I 2012-02120

14-0030 I 2012-02128

14-0031 / 2012-02126

14-0032 I 2012-02137

14-0033 I 2012-02138

14-0035 I 2012-02110

14-0041 / 2012-02122

14-0158 I 2012-02107

14-0159 / 2012-02109

14-0160 / 2012-02108

FCHR Order No. 14-045

Respondent.

                                                                              !

FINAL ORDER AWARDING AFFIRMATIVE

RELIEF FROM UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICES

This matter is before the Commission for consideration of the Order Declining Remand, dated September 5, 2014, issued in the above-styled consolidated cases by Administrative Law Judge Suzanne Van Wyk.

Preliminary Matters

Petitioners Dionne Harrington, Jessica Austin , Denise Austin, Tracie Austin, James Austin, Esther Hall, Bonlydia Jones, Boniris McNeal, Summer McNeal, and Derek McNeal filed complaints of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 509.092 and 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Eve Management, Inc. / KA and KM Development, Inc., committed

unlawful public accommodations practices on the basis of Petitioners' race (African American) by evicting Petitioners from its resort hotel prior to the completion of their contracted reservation.

The allegations set forth in the complaints were investigated, and, on November 26, 2013, the Executive Director issued determinations in each case finding that there was reasonable cause to believe that an unlawful public accommodations practice had occurred.

Petitioners filed Petitions for Relief and the cases were transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

The Division of Administrative Hearings consolidated these cases for the purposes of final hearing and the issuance of a Recommended Order.

Filed November 10, 2014 8:00 AM Division of Administrative Hearings

An evidentiary hearing was held via telephone conference at sites in Tallahassee, Florida, and Cleveland, Ohio, on April 24, 2014, before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order, dated May 28, 2014, recommending that the Commission find that unlawful public accommodations practices occurred and recommending affirmative relief.

On August 21, 2014, the Commission issued an "Interlocutory Order Awarding Affirmative Relief from Unlawful Public Accommodations Practices and Remanding Cases to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts Owed Petitioners" (FCHR Order No. 14-028).

In response, Judge Van Wyk issued the Order Declining Remand currently before the Commission.

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

Findings of Fact and Conclusions of Law

We note that the Commission remanded the consolidated cases to the Administrative Law Judge over concern that the issue of "quantifiable damages" owed Petitioners was not considered at the final hearing before the Administrative Law Judge (there is no transcript of the final hearing in the record), and over concern that the Recommended Order was sent to Respondent's attorney at an address utilizing an incorrect suite number.

In the Order Declining Remand, the Administrative Law Judge addressed both these issues.

With regard to the issue of "quantifiable damages," the Administrative Law Judge found that "Petitioners were afforded a full and fair hearing in which to establish quantifiable damages, if any, to be awarded under the Florida Civil Rights Act of 1992, for the discriminatory actions of Respondent," and that "[n]one of the Petitioners testified or presented any evidence regarding quantifiable damages during the final hearing."

With regard to the Recommended Order being sent to Respondent's attorney at an address utilizing an incorrect suite number, the Administrative Law Judge noted that the document was not returned to the Division of Administrative Hearings. The Administrative Law Judge also noted that the Notice of Telephonic Final Hearing and all prior Orders and Notices were served on Respondent through its counsel at the correct address, and that Respondent did not file any responses to requests contained therein.

The Administrative Law Judge concluded, "Given the complete, and apparently intentional, absence of Respondent throughout these proceedings, the undersigned is not inclined to re-open the post-hearing submission process. Respondent may plead 'any deprivation ofrights it might have suffered' [by the referred-to use of the incorrect suite number] to the appellate court."

We adopt the findings and conclusions of the Administrative Law Judge set out in the Order Declining Remand.

Exceptions

None of the parties filed exceptions to the Administrative Law Judge's Order Declining Remand.

Affinnative Relief

As stated in FCHR Order No. 14-028, and restated herein, through our adoption of the Administrative Law Judge's findings of fact and conclusions oflaw, as set out in the Recommended Order, dated May 28, 2014, we find that unlawful discrimination occurred in this matter in the manner found by the Administrative Law Judge and have adopted the Administrative Law Judge's recommendations for the remedy of the discrimination.

As stated in FCHR Order No. 14-028, and restated herein, Respondent Eve Management, Inc./ KA and KM Development, Inc., is hereby ORDERED to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioners.

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 7fhday of            , 2014. FOR THE FLORIDA COMMISSION ON UMANRELATIONS:

   n ,

Commissioner Michael Keller, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Rebecca Steele

Filed this 7-fhday of in Tallahassee, Florida.

2014,

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Dionne Harrington

25 Severance Circle Drive, Apt. 324

Cleveland, OH 44118

Jessica Austin, Denise Austin, Tracie Austin, and James Austin

16120 Stockbridge Avenue

Cleveland, OH 44128

Esther Hall

3175 Warrensville Center Road Shaker Heights, OH 44122

Bonlydia Jones 3585 Silsby Road

University Heights, OH 44118

Boniris McNeal, Summer McNeal, and Derek McNeal

27030 Cedar Road, Apt. 509

Beachwood, OH 44122

Eve Management, Inc. / KA and KM Development, Inc. c/o Chirag B. Kabrawala, Esq.

Baker & Hostetler, LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, FL 32801

Suzanne Van Wyk, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTrg that a cop oing has been mailed to the above

listed addressees this 7 day of-+--'--"-'....cc-_..c.,..;...c_ , 2014.

By: ·         Clerk of th ommission

Florida Commission on Human Relations

Docket for Case No: 14-000033

Orders for Case No: 14-000033