Florida/Georgia Personal Injury & Workers Compensation

...e that unlike Title VII, the FRCA permits individual liability in two discrete situations. See Fla.Stat. § 760.10(5) (prohibiting discrimination by persons, including individuals, against those seeking occupational or business licensure); Fla.Stat. § 509.092 (prohibiting discrimination in public lodging and public food service establishments by their "operators")....

...loyer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s. 760.10(5), the person responsible for the violation and describing the violation. Any person aggrieved by a violation of s. 509.092 may file a complaint with the commission within 365 days of the alleged violation naming the person responsible for the violation and describing the violation (emphasis added)." Neither of these two particular situations are alleged in the Second Amended Complaint....

...On July 16, 1980, Richard Sherman "Bush Ax" Williams, a Florida State Prison inmate, fatally stabbed a fellow inmate through the bars of his cell. Since then, Thomas Knight, a death row inmate, fatally stabbed his prison guard, Richard Burke. [15] See § 509.092, Fla....

...INTRODUCTION Plaintiffs April Stevens ("Stevens") and Anita Harris ("Harris") are African-Americans. See Docket No. 2. Stevens and Harris claim that defendant Steak n Shake, Inc. ("Steak n Shake") violated Florida law — the Florida Civil Rights Act of 1992, Fla.Stat. § 760.02 et. seq. and Fla.Stat. § 509.092....

...criminated against them based on their race by requiring that they prepay their meal. See id. Steak n Shake has moved for summary judgment on the ground that Stevens and Harris are unable to prove a prima facie case of discrimination under Fla.Stat. § 509.092, i.e., that Steak n Shake denied them the full benefits or enjoyment of the Steak n Shake restaurant, and that similarly situated Caucasian customers received full benefits or enjoyment....

...Once the defendant has articulated legitimate, non-discriminatory reasons, the burden shifts to the plaintiff to show both that the reason given was false, and that discrimination was the real reason. See St. Mary's Honor Center v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 2750, 125 L.Ed.2d 407 (1993). B. Florida Statute § 509.092 Florida law prohibits restaurants from refusing to serve someone because of his or her race or color. Section 509.092 of the Florida Statutes provides: Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person who is objectionable or u...

...fusal may not be based upon race, creed, color, sex, physical disability or national origin. A person aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action pursuant to § 760.11. Fla.Stat. § 509.092 (emphasis supplied). The statute nowhere defines the term "such refusal may not be based upon race, creed, [or] color ..." Section 760.11 of the Florida Statutes merely provides the procedure for asserting a claim under § 509.092, but does not define the substantive right. Neither the United States Court of Appeals for the Eleventh Circuit, nor the Florida Supreme Court, nor the inferior federal and state courts have ever construed Fla.Stat. § 509.092. Indeed, neither of the parties located a single case interpreting the relevant language in Fla. Stat. § 509.092....

...See Florida State University v. Sondel, 685 So.2d 923, 925 n. 1 (Fla. 1st DCA 1996); accord, Florida Dep't of Community Affairs v. Bryant, 586 So.2d 1205, 1208 (Fla. 1st DCA 1991). Both parties agree that the Florida Supreme Court would interpret the meaning of Fla.Stat. § 509.092 by looking to Titles II and VII of the Civil Rights Act of 1964, § 201, et....

...seq., and to other federal civil rights public accommodation cases brought pursuant to 42 U.S.C. § 1981. Accordingly, this Court looks to established federal public accommodation law in order to determine the meaning of the term "such refusal may not be based upon race, creed, [or] color ..." in Fla.Stat. § 509.092, and to determine the elements of Stevens' and Harris' civil rights claims under the Florida statute....

...ns, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. 42 U.S.C. § 1981(a). To establish a prima facie case of discrimination under federal law — and by analogy under Fla.Stat. § 509.092 — plaintiff must demonstrate: 1.) that she is a member of a protected class; 2.) that defendant intended to discriminate against her on that basis; and 3.) that defendant's racially discriminatory conduct abridged a right enumerated in the statute....

...Stevens and Harris are African-Americans, members of a protected class. The parties agree that Florida law confers a right of action for damages on any person who is refused service based on race or color. Nevertheless, Stevens and Harris have failed to establish a prima facie case of discrimination under Fla.Stat. § 509.092....

...service or a refusal to serve. Such racially-based discrimination in service would not only be unconscionable, but also would be actionable as a denial of full and equal enjoyment of the restaurant's services based on race as proscribed by Fla.Stat. § 509.092.

...spital and the Hospital holds itself out as serving the patrons of the cafeteria. The Florida Civil Rights Act, however, includes specific language that excludes from its provisions food service establishments located in private hospitals. Section 509.092 of the Florida Civil Rights Act expressly prohibits discrimination in public food service establishments.1 It reads: Public lodging establishments and public food service establishments are private enterprises, and the o...

...origin. A person 1 The Legislature has expressly indicated twice that the Florida Civil Rights Act includes specific statutory sections in both chapters 760 and 509, Florida Statutes. § 760.01(1), Fla. Stat. (2011) (“Sections 760.01-760.11 and 509.092 shall be cited as the ‘Florida Civil Rights Act of 1992’”); § 760.02(1) (“‘Florida Civil Rights Act of 1992’ means ss. 760.01-760.11 and 509.092”). 4  aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action pursuant to s....

...Brittanie Stanley appeals a final judgment that was entered based on the trial court’s earlier decision to dismiss a claim of pregnancy discrimination under the Florida Civil Rights Act of 1992, which is codified at sections 760.01 through 760.11 and section 509.092 of the Florida Statutes....

...Anthony's Hospital for heart problems but at no point was he provided a sign language interpreter. Subsequently, Marchman filed an action with the Florida Commission on Human Relations alleging discrimination based on physical disability in contravention of the Florida Civil Rights Act of 1992, §§ 760.01-.11; § 509.092, Fla. Stat....