A federal district court has overturned a lower court and reintroduced a disability discrimination fee filed by a woman allergic to bi-stings whose bee-killing service dog was denied access to her yacht club. in Atlanta held in its decision Monday Samantha Ring v. Boca Ciega Yacht Club, Inc. that the Gulfport, Florida-based club was not entitled to exemptions from private clubs in the Disability Americans Act.
Samantha Ring, who has severe allergies to bees and sunflower seeds and has had anaphylactic reactions, has trained her dog, Piper, who has protected her from being stung on seven different occasions and killed at least one bee, to retrieve EpiPen and seek help by command.
After the yacht club banned the dog for violating the pet policy by bringing him into the clubhouse. Call call complained to Pinellas County Office of Human Rights. The club later expelled Ring on the grounds that she had lived on her boat for three years at c lub, which was prohibited by its rules.
Ms. Ring brought an action against the club at the U.S. District Court in Tampa with charges against the ADA and retaliation. The U.S. District Court ruled in favor of the club on both charges and held the boating club entitled to an exemption from the ADA based on an exemption from a private club in law.
The decision was set aside by a unanimous three-court appellate court. "To qualify for the private club exemption, the club must prove that it ensures its members' separation from others because they enjoy fellowship and friendship at their facilities, and in the light most favorable to Ring, the record suggests that it does not," "Said the decision.
The document" contains substantial evidence that the club does not ensure that members are separated on much of their property and often do not do so even in their clubhouse.
"Strangers are often mixed with clubhouse members and the club embraces the presence of non-members at social events and even government meetings.
" Club membership criteria are weak, and the minutes show that any public interested in boating and being able to pass a criminal background check is almost guaranteed acceptance, "said the decision, when it twisted the lower court. reasons for suspending and expelling her.
Lawyers in the case had no comment or did not respond to a request for comment.