Ovens v. DanbergAnnotate this Case
Robert Ovens appealed the Superior Court’s reversal of the Delaware Human Relations Commission’s award of damages, attorney’s fees, and costs to Ovens based on the Commission’s determination that a prison was a place of "public accommodation." The Commission found that the Department of Correction (“DOC”), through its operation of Sussex Correctional Institution (“SCI”), violated section 4504(a) of the Delaware Code (known as theEqual Accommodations Law), by not providing equal accommodations to Ovens, who was deaf, while he was incarcerated. After review of the issue, the Delaware Supreme Court concluded that a prison was not a place of "public accommodation" as contemplated by the law. "Ovens’ argument hinges on his assertion that a prison is a state agency, and therefore, it falls under the second sentence of section 4502(14), which includes state agencies, local government agencies, and state-funded agencies in the definition of a place of public accommodation. But, he ignores that the second sentence of section 4502(14) cannot be decoupled from the critical language in the first."