Ring v. Boca Ciega Yacht Club Inc., No. 20-11571 (11th Cir. 2021)
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Plaintiff, a yacht club member, filed suit against the club for discrimination and retaliation under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act after the club refused plaintiff's request to bring her service dog into the clubhouse and expelled her from its membership.
The Eleventh Circuit vacated the district court's grant of summary judgment in favor of the club on plaintiff's ADA claims because the record does not establish that the club is a "private club" exempt from the ADA or the Florida Civil Rights Act. The court explained that the record contains substantial evidence that the club fails to ensure the seclusion of its members on much of its property and often fails to do so even in its clubhouse. However, the court affirmed the district court's grant of summary judgment on plaintiff's retaliation claim because plaintiff failed to rebut the club's nondiscriminatory justifications for expelling her. In this case, plaintiff failed to rebut the club's liveaboard justification for her suspension and expulsion.
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