STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DENISE STRICKLAND,

Petitioner, FCHR Case No. 2014-00197

v. No. 14-1935

EVE MANAGEMENT, INC., KA AND K M DEVELOPMENT,

FCHR Order No. 15-017

Respondent.

/

FINAL ORDER AWARDING AFFIRMATIV E

RELIE F AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTIC E

This matter is before the Commission for consideration of the Order Closing File, dated January 12, 2015, issued in the above-styled case by Administrative Law Judge Suzanne Van Wyk.

Preliminary Matters

Petitioner Denise Strickland filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 509.092 and 760.01 - Florida Statutes

alleging that Respondent Eve Management, Inc., KA and K M Development, committed an unlawful public accommodations practice on the basis of Petitioner's race (African American) by cancelling Petitioner's reservation and not allowing Petitioner and her family to check-in to its resort hotel.

The allegations set forth in the complaint were investigated, and, on April 1,

the Executive Director issued a 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 via telephone conference at sites in Tallahassee, Florida, and St. Louis, Missouri, on June before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order, dated June 24, recommending that the Commission find that an unlawful public accommodations practice occurred and recommending affirmative relief.

On August the Commission issued an "Interlocutory Order Awarding Affirmative Relief from an Unlawful Public Accommodations Practice and Remanding Case to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts Owed Petitioner" (FCHR Order No. 14-030).

Filed March 27, 2015 8:00 AM Division of Administrative Hearings

2014.

In response, Judge Van Wyk issued the Order Declining Remand, dated October 2,

On December 5, the Commission issued an "Order Remanding Case to

Administrative Law Judge for Clarification of Order Declining Remand" (FCHR Order No. 14-050).

Addressing the concerns set out in the Commission's December 5, 2014, Order (FCHR Order No. Judge Van Wyk issued an Order Accepting Remand, In Part, and Clarifying Order Declining Remand, dated December an Order on Remand, dated January 7, 2015, and an Order Closing File, dated January 12, 2015.

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

Findings of Fact and Conclusions of Law

We note that the Commission remanded the case to the Administrative Law Judge, and subsequently asked for clarification of the Administrative Law Judge's declining that remand, over concern that the issue of "quantifiable damages" owed Petitioner 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 Notices of Hearing issued in this matter and the Recommended Order were sent to Respondent's attorney at an address utilizing an incorrect suite number.

The Administrative Law Judge addressed both of these issues in the Order Accepting Remand, In Part, and Clarifying Order Declining Remand, dated December

the Order on Remand, dated January 7, and the Order Closing File, dated January 12,

With regard to the issue of "quantifiable damages," in the Order Accepting Remand, In Part, and Clarifying Order Declining Remand, dated December the Administrative Law Judge amended the Order Declining Remand, dated October 2,

by striking paragraphs 2, 3, 4, and 5, and in their place adding the following single paragraph: "The undersigned finds that Petitioner had a full and fair hearing to establish quantifiable damages, i f any, to be awarded under the Florida Civil Rights Act of 1992, for the discriminatory actions of Respondent. Petitioner offered no evidence of quantifiable damages."

With regard to the Notices of Hearing and Recommended Order being sent to Respondent's attorney at an address utilizing an incorrect suite number, the Administrative Law Judge issued an "Order to Show Cause" to Respondent, dated December requesting Respondent to show cause why the Recommended Order should not stand. In the Order on Remand, dated January 7, the Administrative Law Judge notes that Respondent had not made any filing in response to the Order to Show Cause, and orders that the "Recommended Order entered on June 24, stands as entered without amendment thereto."

We adopt the Administrative Law Judge's findings and conclusions related to these two issues.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Order Closing File.

Affirmative Relief

As stated in FCHR Order No. 14-030, and restated herein, through our adoption of the Administrative Law Judge's findings of fact and conclusions of law, as set out in the Recommended Order, dated June 24, we 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. and restated herein, Respondent Eve Management, Inc. / KA and K M Development is hereby ORDERED to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioner.

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

DONE AND ORDERED of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Rebecca Steele; and

Commissioner Billy Whitefox Stall

Filed day of in Tallahassee, Florida.

2015,

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Denise Strickland

The Crossings Drive 0'Fallon,MO 63366

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

Baker & Hostetler, LLP SunTrust Center, Suite 200 South Orange Avenue

FL 32801

Suzanne Van Wyk, 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 day of ffifau/-^

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-001935

Orders for Case No: 14-001935