STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

VIRGIL W. PHILLIPS,

Petitioner, FCHR Case No.

v. DOAH Case Nos.

STEAK N SHAKE RESTAURANT, FCHR Order No.

Respondent.

/

FINAL ORDER AWARDING AFFIRMATIV E

RELIE F FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTIC E

Preliminary Matters

Petitioner Virgil W. Phillips 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 Steak N Shake Restaurant committed an unlawful public accommodations practice on the basis of Petitioner's race (Caucasian) by denying Petitioner service.

The allegations set forth in the complaint were investigated, and, on December 7, 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 Daytona Beach, Florida, on March before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order, dated April 29, 2016, recommending that the Commission find that an unlawful public accommodations practice occurred and recommending affirmative relief.

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 Amount of Costs Owed Petitioner," FCHR Order No. dated June 23,

Following an evidentiary hearing in Daytona Beach, Florida, on August Judge Stevenson issued a Recommended Order as to Costs, dated August 23, recommending the Commission issue a final order awarding Petitioner costs in the amount of $50.00.

Filed November 10, 2016 3:19 PM Division of Administrative Hearings

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order as to Costs, dated August 23,2016.

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 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v. Daytona Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September

Gantz, et al. v. Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007

(January 14, 2008).

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

Affinnative Relief / Costs

Through our adoption of the Administrative Law Judge's findings of fact and conclusions of law, as set out above, we have adopted the Administrative Law Judge's recommendation for the amount of costs owed Petitioner.

Noting that Respondent has already been ordered by FCHR Order No. to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioner, Respondent, Steak N Shake Restaurant, is hereby ORDERED to pay Petitioner costs in the amount of $50.00, as recommended by the Administrative Law Judge.

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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Jay Pichard

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:

Virgil W. Phillips

94 Hickory Hills Circle

Beach, FL 32174

Steak N Shake Restaurant c/o Barry C. Paige

Vice President

Steak N Shake Operations, Inc.

South Pennsylvania St., Ste. 400 Indianapolis, IN 46204

Lawrence P. Stevenson, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

By:

Clerk the

Florida Commission on Human Relations

Docket for Case No: 16-000098

Orders for Case No: 16-000098