LTC 303-2024 Miami-Dade Commission on Human Rights Determination of No ProbableMIAMI BEACH
OFFICE OF THE CITY ATrORNEY
LTC No
LETTER TO COMMISSION
TO:
FROM :
DATE :
Mayor Steven Meiner and Members of the City Commission
Ricardo J. Dopico, city Attorney tC)
July 18, 2024
SUBJECT: Miami-Dade Commission on Human Rights Determination of No Probable
Cause in Disability Discrimination Complaint
I am pleased to advise the Commission that, on July 17, 2024, after a full and fair
investigation, the Miami-Dade Commission on Human Rights (“CHR”) determined that
there is no probable cause to believe that the City of Miami Beach discriminated against
a Flamingo Park Tennis Center patron due to her disability.
The CHR’s investigation stemmed from the complaining patron’s claim that the City
discriminated against her when it refused to allow her to bring a particular service dog to
the Flamingo Park Tennis Center facility. The patron alleged that this refusal denied her
a reasonable accommodation to use the public facility. In reality, this particular service
dog had bitten and injured another Tennis Center patron, necessitating medical care. The
City made the decision to exclude that particular service dog due to the health and safety
risks posed by potential future bites. The City has allowed the complaining patron to bring
a different service dog to the Tennis Center facility, which she has done without incident.
The CHR investigated the complaining patron’s claim of discrimination by interviewing
her and another witness, and by considering the Position Statement submitted by the
City. As a result, the CHR concluded that the City “had a legitimate, non-discriminatory
business reason to have [the subject] dog removed and banned from the premises. It was
established that the dog bit a patron and for the health and safety of others, [the City] took
action to prevent it from happening again.”
The City Attorney’s Office, in consultation with Human Resources and the City’s ADA
Coordinator, prepared the Position Statement on the City’s behalf.
As always, please feel free to contact me or Rob Rosenwald for further information about
this matter.
RJD/FRM/ag
303-2024