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Thursday, November 12, 2020

Judge: St. Marks Stone Crab Festival violated man's civil rights by prohibiting service dog - Tallahassee Democrat

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The dog, a Labrador-mastiff mix named Zuco, wasn't allowed in.

An administrative law judge determined the St. Marks Stone Crab Festival violated a Wakulla County man's civil rights when he was turned away because of his service dog.

Judge G.W. Chisenhall this week issued an 18-page recommended order in favor of Michael Grasso.

He recommended the Florida Commission on Human Relations enter a final order finding “that the St. Marks Stone Crab Festival violated the Florida Civil Rights Act by conditioning Mr. Grasso’s entry on the production of documentation substantiating that his dog was a ‘service animal.’ ” He also said that the festival should make sure it doesn't happen again. 

Grasso tried to enter the festival last October with his Labrador-mastiff mix Zuco but wasn't allowed in. 

Held at the beginning of Florida's annual stone crab season, the festival raises funds to support the local volunteer fire department and other local projects. Each year, it draws 10,000 to 12,000 people from around the region.

Grasso, who court records say has post-traumatic stress disorder and moved into a house boat in St. Marks in 2018, has a service dog to help him deal with crowds and strangers. He once was "CEO of a multi-million dollar company," which wasn't named. 

A volunteer collecting admission fees told Grasso the festival has a "no dog policy." When he told her Zuco was a service dog, the volunteer requested documentation. Grasso said he didn't have any, nor did he need any. Zuco also was not wearing a service vest. 

The exchange became heated, according to the order. Requiring Grasso to produce documents or describe his disability is against the law, the order added, but asking people whether they need a service animal for a disability and what "the animal has been trained to perform” is legal.

Grasso even got a Wakulla County sheriff’s deputy involved. Nonetheless, the dog still wasn't allowed to enter.

"The greater weight of the evidence demonstrates that the Festival violated (Grasso's civil rights) by denying (him) access," Chisenhall wrote.

But the judge also wrote he couldn't award monetary damages to Grasso, saying "only a court of law, rather than an administrative tribunal, (can) award punitive damages and compensatory damages for mental anguish, loss of dignity, and other intangible injuries in cases such as this."

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.

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November 12, 2020 at 08:10PM
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Judge: St. Marks Stone Crab Festival violated man's civil rights by prohibiting service dog - Tallahassee Democrat

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