STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

MARK TURNER,

Petitioner. FCHR Case No.

v. DOAH No. 15-4721

GOLDEN CORRAL, FCHR Order No. 16-006

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE

Preliminary Matters

Petitioner Mark Turner 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 Golden Corral committed unlawful public accommodations practices on the basis of Petitioner's race (African American) by harassing Petitioner, denying Petitioner the enjoyment of services, and by permanently banning Petitioner from its restaurant facility.

The allegations set forth in the complaint were investigated, and, on July 27,

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 in Miami, Florida, on October 26, before Administrative Law Judge Robert L. Kilbride.

Judge Kilbride issued a Recommended Order of dismissal, dated November 30,

2015.

The Commission panel designated below considered the record of this matter and

determined the action to be taken on the Recommended

Findings of Fact

We find the Administrative Law Judge's findings of fact to be supported by competent substantial evidence.

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

Filed February 17, 2016 11:03 AM Division of Administrative Hearings

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 of the parties 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

DONE AND ORDERED this 2016.

FOR THE FLORIDA COMMISSION

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Tony Jenkins; and

Commissioner Jay

Clerk

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

(850) 488-7082

Copies furnished to:

Mark Turner

2366 Southeast Court, Unit Homestead, FL 33035

Golden Corral

c/o Arianne B. Suarez, Esq. Douberley, McGuinness & Cicero

Sawgrass Corporate Parkway, Ste. 590 Sunrise, FL 33323

Robert L. Kilbride, 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

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 15-004721

Orders for Case No: 15-004721