20-005354 William Lane vs. Patio Casual, Llc Status: Closed DOAH Final Order on Monday, April 12, 2021.

Summary: Res discriminated against Pet based on his disability when it told him ?because of your medical cond we think you should always wear a mask? and terminated Pet after he refused to wear a mask but other employees were not terminated for not wearing a mask.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

W ILLIAM L ANE ,

Petitioner ,

vs. Case No. 20 - 5354

P ATIO C ASUAL , LLC , *AMENDED AS TO NOTICE OF RIGHTS O NLY

Respondent .

/

* A MENDED F INAL O RDER

On March 29 , 202 1 , the undersigned rendered a Recommended Order in

this matter. The Order provided the parties ten days in which to file

exceptions to the Order. Neither party filed exceptions. The refore, the

Recommended Order i s adopted and incorporated by reference into this Final

Order.

D ISPOSITION

Based upon the Findings of Fact and Conclusions of Law of the

Recommended Order adopted and incorporated by this Final Order and upon

Pinellas County Code Section 70 - 78, it is,

O R DERED that :

1. Respondent, Patio Casual , LLC, treated Petitioner, William Lane ,

differently in the terms of its mask policy and terminated him because of his

disability.

2. Patio Casual may no longer discriminate against those with a disability

and must enforce any safety protocols equally among its employees.

3. As both parties were self - represented, there is no basis to award

reasonable att orney ' s fees . Jurisdiction to award reasonable costs as provided

in section 70 - 78 of the Pinellas County Code of O rdinances will be reserved. If

the parties are unable to agree upon costs , they may file a motion seeking

resolution of the disagreement.

D ONE A ND O RDERED this 12th day of April , 2021 , in Tallahassee, Leon

County, Florida.

S

H ETAL D ESAI

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 12th day of April , 2021 .

C OPIES F URNISHED :

Anne Othen Yury L. Rosas, Administrative Support

Patio Casual Pinellas County, Office of Human Rights

23492 US Highway 19 North 5th Floor

Clearwater, Florida 33765 400 South Fort Harrison Avenue

Clearwater, Florida 33756

William David Lane

1448 Seagull Drive Jeffery Lorick

Palm Harbor, Florida 34685 Pinellas County Office of Human Rights

5th Floor

Paul Valenti, Human Rights/EEO Officer 400 South Fort Harrison Avenue

Pinellas County Office of Clearwater, Florida 33756

Human Rights

5 th Floor Lisa Postell

400 South Fort Harrison Avenue Equal Opportunity Coordinator 1

Clearwater, Florida 33756 Pinellas County Office of

Human Rights

5th Floor

400 South Fort Harrison Avenue

Clearwater, Florida 33756

N OTICE O F R IGHT T O J UDICIAL R EVIEW

Any party who i s adversely affected by this Final Order is entitled to seek

judicial review by filing a petition for writ of certiorari in the circuit court of

the Sixth Judicial Circuit in and for Pinellas County, Florida, within

30 calendar days of the date of this F inal Order. § 70 - 147(g), Pinellas County

Code of Ordinances.