The Gabber: November 25, 2021

Page 12

BCYC Lawsuit has Tentative Settlement

The Suit Centers on a Bee-Killing Dog and ADA Concerns A tentative settlement agreement has been reached in the legal fight over an American with Disabilities Act (ADA) claim involving a woman who says her bee-killing service dog was denied entry into the Boca Ciega Yacht Club (BCYC). The Gulfport-based yacht club and Samantha Ring, who says she’s allergic to bee stings, held a mediation session Wednesday, Nov. 16, and have reached a tentative settlement of their dispute, according to Marcy LaHart, an attorney representing Ring. LaHart said details of the agreement could not yet be disclosed. The federal ADA lawsuit filed by Ring is being put on hold while the settlement is being finalized. The lawsuit would then be dismissed after finalization, LaHart said. BCYC is a nonprofit located in Gulfport; it leases its waterfront space from the City of Gulfport for $1 a year (as do other nonprofits leasing from the city). The city gets boat slip revenue from yacht club members as part of the lease deal. Ring, a middle school teacher, filed an ADA lawsuit against the yacht club in 2019 alleging she was denied entry because of her dog, Piper. Ring, who had been a member of the boat and sailing club since 2007, says she is allergic to bees and the

SHELLY WILSON

By Mike Sunnucks

Samantha Ring says her dog kills bees to protect her, and the BCYC’s disallowing the dog inside the clubhouse violated ADA.

dog kills bees. Court documents say Piper has vanquished bees to protect Ring “on seven separate occasions.” BCYC says it does not allow animals on its premises, and its commodore denied Ring’s request for a service dog exemption, according to court documents. Ring wanted to bring her dog to the club, the case alleges, but was fined by the club and then had her membership suspended and then revoked. That prompted a federal lawsuit claiming an ADA violation for denying a service dog entry. The American with Disabilities Act was passed in 1990 offering legal protections to those with disabilities — including

use and access for individuals with service dogs. Attorneys for the BCYC argue the Gulfport group is a private club and enjoys exemptions from ADA and applicable state laws. “Both the Americans with Disabilities Act and the Florida Civil Rights Act include exceptions for private clubs,” according to court documents. A federal trial court agreed with the yacht club’s “private club” argument. U.S. District Court Judge Virginia Covington also dismissed a retaliation claim brought by Ring alleging she was mistreated by the club because of her dog and ADA

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theGabber.com | November 25, 2021 - December 1, 2021


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