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Thompson v. Dover Downs11/3/2005
Submitted: August 11, 2005
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.
Upon appeal from Superior Court. AFFIRMED.
Vernon Thompson ("Thompson") appeals from a Superior Court order reversing a decision and order of the Delaware Human Relations Commission ("DHRC"). Security officials of Dover Downs, Inc. ("Dover Downs") had denied Thompson access to its casino, because Thompson insisted that his dog accompany him, yet Thompson refused to answer the officials' inquiries about what his alleged support animal had been trained to perform. Accordingly, Dover Downs refused to allow Thompson access accompanied by his dog. The DHRC determined that by denying access, Dover Downs had unlawfully discriminated against Thompson in violation of the Delaware Equal Accommodations Law. As a result, the DHRC awarded Thompson $5,000 in damages and assessed a $5,000 civil penalty against Dover Downs. In reversing the DHRC, the Superior Court found that the DHRC had made errors of law and findings of fact that were unsupported by substantial evidence of record. We agree and, accordingly, affirm.
FACTS
A. Events Leading To The DHRC Proceeding
Thompson is a "handicapped person" within the meaning of 6 Del. C. ยง 4502(8). On July 31, 2002, Thompson attempted to enter Dover Downs Slots, a casino, accompanied by a four-month old dog. The dog had no leash but was wearing a vest which stated that the dog was a support animal. The vest was tied at the neck by a nylon clothesline.
Kevin Brown, a Dover Downs security officer responsible for, among other things, ensuring that unauthorized persons do not enter the gaming floor, was stationed at the main entrance of the casino. Before Thompson entered the casino floor, Officer Brown stopped Thompson and informed him that pets were not allowed on the casino floor. Dover Downs does, however, make an exception for support animals. Thompson represented that his dog was his support animal and presented Brown with an identification card.
Although Officer Brown had previously encountered support animals, he did not recognize Thompson's dog to be a trained support animal. He therefore asked Thompson what his dog was trained to do. Thompson refused to answer the question. At that point, Officer Brown, consistent with his training, radioed for a supervisor.
Soon thereafter, George Bryan, a security supervisor, arrived, and informed Thompson that he was Brown's supervisor. Officer Brown explained to Bryan that Thompson wanted to bring his dog into the casino. Thompson responded that he was disabled and that he wanted to enter the casino. Bryan responded that pets were not permitted on the casino floor. Thompson again noted his disability, after which Bryan asked Thompson about his dog's training. Thompson responded that he did not have to answer the question, asserting that it was a violation of his civil rights.
Bryan advised Thompson that if he would not provide information about his dog's training, he could not permit the dog on the casino floor. Bryan also told Thompson that he (Bryan) would have to contact his manager. Shortly thereafter, Bill Beever, a Security Shift Manager, arrived at the casino entrance. As such, Beever had oversight over all Security Officers on duty, which included Officer Brown and Supervisor Ryan.
Thompson then recited the foregoing events to Beever, who then asked Thompson about his dog's training. Thompson responded that he did not have to answer that question. Thompson then handed Beever a card containing a telephone number for the "ADA Information Line." The ADA Inf
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