STATE OF FLORIDA

ON HUMAN RELATIONS

PHYLLIS PHYL.

Petitioner, FCHR Case No. 2014-00758

v. 14-4457

G6 HOSPITALITY, LLC, STUDIO 6,

FCHR Order No. 15-039

Respondent.

/

FINAL ORDER DISMISSING PETITIO N

RELIE F FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTIC E

Preliminary Matters

Petitioner Phyllis filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 509.092 and 760.01 - Florida Statutes (2013), alleging that Respondent G6 Hospitality, LLC, Studio 6, committed unlawful public accommodations practices on the basis of Petitioner's race (Black) by not allowing Petitioner to check-in early to her hotel room and by treating Petitioner in a hostile manner when she checked-out of her hotel room.

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

2014, the Executive Director issued a determination finding that there was no 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 by video teleconference at sites in West Palm Beach and Tallahassee, Florida, on March before Administrative Law Judge John G. Van Laningham.

Judge Van Laningham issued a Recommended Order of dismissal, dated April 22,

2015.

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

Filed July 9, 2015 1:19 PM Division of Administrative Hearings

FCHR Order No. Page 2

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

et 527 So. 2d 894, at 897, 898 5th A 1988). Accord, Coleman v. Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10, et al. v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No.

(June 6, and Hall v. Villages of West Oaks A, FCHR Order No. 08-007 (January 14, 2008).

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

Conclusions of Law

We 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 of the parties filed exceptions to the Administrative Law Judge's Recommended Order.

On May 5, Petitioner filed with the Division of Administrative Hearings a document entitled, "Appealing Proposed Recommended Decision."

We note that the appeals rights of the parties are set out in this Order, below.

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

DONE AND ORDERED this day of FOR THE FLORIDA COMMISSION ON

Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Rebecca Steele; and

Commissioner Billy Whitefox Stall

FCHR Order No. 15-039

Page 3

Filed this day of in Tallahassee, Florida.

Clerk

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

(850) 488-7082

Copies furnished to:

Phyllis

6079 Boca Colony Drive, Unit Boca Raton, FL 33433

G6 Hospitality, LLC,

Studio 6

c/o Warren Astbury, Esq. Ogletree, Deakins, Nash,

& Stewart, P.C.

North Tampa Street, Suite 3600 Tampa, FL

John G. Van Laningham, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a foregoing has been mailed to the above listed addressees this day of

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-004457

Orders for Case No: 14-004457