13-000242 Albert Marchman vs. St. Anthony's Hospital, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, May 10, 2013.

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ALBERT MARCHMAN ,

Petitioner, FCHR C a s e N o. 2012 - 02239

v. DOAH Case No. 13 - 0242

ST. ANTHONYÓS HOSPITAL, INC., FCHR Order No. 13 - 051

Respondent.

__________________________________/

FINAL ORDER DISMISSING PETITION FOR

RE LIEF FROM AN UNL AWFUL PUBLIC ACCOMMODATIONS PRACTICE

This matter is before the Commission for consideration of th e Order Closing File and

Relinquishing Jurisdiction , dated May 10 , 2013 , issued in the above - styled matter by

Administ rat ive Law Judge Linzie F. Bog an .

Findings of Fact and Conclusions of Law

This case involves allegations of unlawful public accommodations discrimination.

The Administrative Law JudgeÓs order before the Commission indicates that the

Commission issued a ÐD etermination: No J urisdiction ,Ñ concluding that Respondent hospital was

not a public accommodation or public food service establishment, as those terms are defined.

With regard to the vending machines and Koffey Korner Coffee and Pastries Shops,

referenced in the Technical Assistance Questionnaire filed with the Commission by Petitioner

and whether their existence makes the Respondent hospital a Ðpublic accommodation,Ñ the

Administrative Law Judge concluded, Ðthe facts, as stated in the Petition f or Relief, are

insufficient to establish matters over which FCHR has jurisdiction.Ñ With regard to whether the

existence of the Respond entÓs cafeteria makes the hospital a public accommodation, the

Administrative Law Judge concluded that FCHRÓs precedenti al authority that it does not , as

stated in the Mena case, cited infra , has resolved this issue as a matter of law. Based on these

two conclusions, the Administrative Law Judge relinquished jurisdiction of the matter to the

Commission.

We conclu de that the record as it exists before the Commission does not indicate that the

Commission has jurisdiction of the matter.

Consequently, we conclude the matter should be dismissed. Accord, Mena v. Lifemark

Hospitals of Florida, Inc., d/b/a Palm etto General Hospital , FCHR Order No. 12 - 023 (May 16,

2012), per curiam affirme d 109 So. 3 rd 787 (Fla. 1 st DCA 2013).

FCHR Order No. 13 - 051

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law JudgeÓ s Order Cl osing

File and Relinquishing Jurisdiction.

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

appro priate 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 of appeal is found in

Section 120.68, Florida Statutes , and in the Florida Rules of Ap pellate Procedure 9.110.

DONE AND ORDERED this 23rd day of July , 2013 .

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer , Panel Chairperson;

Commissioner Lizzette Romano ; and

Commis sioner Mario M. Valle

Filed this 23rd day of July , 2013 ,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 A palachee Parkway, Suite 1 00

Tallahassee, FL 32301

(850) 488 - 7082

Copies furnished to:

Albe rt Marchman

c/o Matthew W. Dietz, Esq.

Law Offices of Matthew W. Dietz, P.L.

2990 Southwest 35 th Avenue

Miami, FL 33133

FCHR Order No. 13 - 051

Page 3

St. AnthonyÓs Hospital, Inc.

c/o Scott T. Silverman , Esq.

Akerman Senterfitt

401 Ea st Jackson Street , St e. 1700

Tampa, FL 33602

Linzie F. Bogan , 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 23rd day of July , 2013 .

By: /s/

Clerk of the Commission

Florida Commission on Human Relations