12-001796F Traci Inman vs. Jian Deng Bao, D/B/A China Gardens Restaurant Status: Closed Recommended Order on Friday, October 26, 2012.

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

TRACIE INMAN ,

Petitioner, FCHR Case No. 20 11 - 0 1219

v. DOAH Case Nos. 12 - 1796F

11 - 5602

JIAN DENG BAO, d/b/a CHINA

GARDENS RESTAURANT, FCHR Order No. 13 - 004

Respondent.

/

FINAL ORDER AWARDING AFFIRMATIVE

RE LIEF FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE

Preliminary Matters

Pet itione r Tracie Inman filed a complaint of discrimination pursuant to the Florida

Civil Rights Act of 1992, Sections 509.092 and 760.01 - 760.11, Florida Statutes (2010 ),

alleging that R e sponde nt Jian Deng Bao, d/b/a China Garden s Restaurant, committed an

unlawfu l public accommodations practice on the basis of PetitionerÓs handicap by

refusing Petitioner access to the restaurant for dine - in service because Petitioner was

accompanied by her service animal.

The allegations set forth in the complaint w er e i n vestig a ted, and, on October 6,

2011 , t he Executive Director issued a determination fin ding that there was reasonable

cause to bel ieve that an unlawful public accommodations practice had occurred.

Petitioner file d a Petition for Relief and the ca se was transmitted to the Division of

Administrative Hearings for the conduct of a formal proceeding.

An evident iary hearing was held in Jacksonville, Florida, on January 10, 2012,

before Administrative Law J udge Lawrence P. Stevenson .

Judge Stevenson issued a Recommended O rder , dated February 16, 2012 ,

recommending that the Commission find that an unlawful public accommodations

practice occurred and recommending affirmative relief .

The Commission issued an ÐInterlocutory Order Awarding Affirmative Relief from

an Unlawful Public Accommodations Practice and Remanding Case to Administrative

Law Judge for Issuance of Recommended Order Regarding Amounts of AttorneyÓs Fees

and Costs Owed Petitioner,Ñ FCHR Order No. 12 - 019, dated Apri l 23, 2012.

F ollowing an evidentiary hearing conducted by video teleconference at sites in

Jacksonville and Tallahassee, Florida, on September 26, 2012 , Judge Stevenson issued a

Recommended Order, dated October 26, 2012, recommending the Commissi on issue a

final order awarding Petitioner attorneyÓs fees in the amount of $12,754.50 and costs in

the amount of $212.21.

FCHR Order No. 13 - 004

Page 2

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

determined t he action to be taken on the Recommended Order , dated October 26, 2012.

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 bef ore 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 al. , 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Gantz, et al.

v . ZionÓs Hope, Inc., d/b/a Holy Land Experience , FCHR Order No. 11 - 048 (June 6,

2011), Mack v. Agency for Persons with Disabilities , FCHR Order No. 11 - 026 (March

17, 2011), Hall v. Villages of West Oaks HOA , FCHR Order No. 08 - 007 (January 14,

2008), Beach - Gutierrez v. Bay Medical Center , FCHR Order No. 05 - 011 (January 19,

2005), and Waaser v. StreitÓs Motorsports , FCHR Order No. 04 - 157 (November 30,

2004).

We adopt the Administrative Law JudgeÓs findings of fact.

Conclusions of Law

We find the Administrative Law JudgeÓs application of the law to the facts to result

in a correct disposition of the matter.

W e adopt the Administrative Law JudgeÓs conclusions of law.

Exceptions

N e ither of the parties filed exceptions to the Administrative Law JudgeÓs

Recommended Order.

Affirmative Relief / AttorneyÓs Fees and Costs

Through our adoption of the Administrative Law JudgeÓs findings of fact and

conclusions of law, as set out above, we have adop ted the Administrative Law JudgeÓs

recommendation for the amount of attorneyÓs fees and costs owed Petitioner.

Noting that Respondent has already been ordered by FCHR Order No. 12 - 019 to

cease and desist from discriminating further in the manner it has been found to have

unlawfully discriminated against Petitioner, Respondent, Jian Deng Bao, d/b/a China

Gardens Restaurant , is hereby ORDERED to pay Petitioner attorneyÓs fees in the amount

of $12,754.50 and costs in the amount of $212.21, as recomme nded 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

FCHR Order No. 13 - 004

Page 3

of t he 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 10th day of January , 2013 .

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer , Panel Chairperson;

Com missioner Michael Keller ; and

Commissioner Michell Long

Filed this 10th day of January , 2013 ,

in Tallahassee, Florida.

__________ /s/ _________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 1 00

Tallahassee, FL 32301

(850) 488 - 7082

Copies furnished to:

Tracie Inman

c/o Sharon Caserta, Esq.

Jacksonville Area Legal Aid , Inc .

Deaf / Hard of Hearing Legal Advocacy Program

126 West Adams Street

Jacksonville, FL 32202

Jian Deng Bao

China Gardens Restaurant

4765 Hodges Boulevard

Jacksonville, FL 32224

FCHR Order No. 13 - 004

Page 4

Jian Deng Bao

China Gardens Restaurant

137 40 Beach Boulevard, Suite 112

Jacksonville, FL 32224

Jian Deng Bao

12250 Atlantic Boulevard, Apt. # 2202

Jacksonville, FL 32225 - 5807

Jian Deng Bao

12250 Atlantic Boulevard, Apt. # 2201

Jacksonville, FL 32225

Jian Deng Bao

China Gardens Restaurant

105 50 Old St. Augustine Road

Jacksonville, FL 32257

Jian Deng Bao

China Gardens Restaurant

1573 Par Street, NE

Palm Bay, FL 32905

Lawrence P. Stevenson , Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREB Y CERTIFY that a copy of the foregoing has been mailed to the above

listed addressees this 10th day of January , 2013 .

By: ________ /s/ ________________

Clerk of the Commission

Florida Commission on Human Relations