GLENN KARTIN, Complainant

DULUTH TRANSIT AUTHORITY, Respondent

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

The decision of the administrative law judge (copy attached) is affirmed..

Dated and mailed August 15, 2003
kartigl . rsd : 164 : 9 

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

In his petition for commission review the complainant argues that he disagrees with the administrative law judge's decision to dismiss his complaint. The complainant states, "As proof of my complaint, I will again bring your attention to the letter from the Duluth Transit Authority, dated November 12, 2002, addressed to me where it clearly states, 'the bus operator was in error,' and 'the insensitiveness of the bus operator asking (you) to move.'  However, even assuming the complainant could establish that he was treated in an unfair or insensitive manner by an employee of the respondent, such conduct would not be prohibited by the Wisconsin Public Accommodation and Amusement Law (hereinafter "WPAAL") where, as alleged in his complaint, it was based on the complainant's age. As the administrative law judge explained in his decision, the WPAAL does not prohibit discrimination based upon age, except with respect to lodging. Consequently, while it would certainly be regrettable if the complainant were treated unfavorably with regard to his seating on the bus because of his age, such allegations do not state a claim for which relief can be granted under the WPAAL. Accordingly, the dismissal of the complaint is affirmed

[ Search ER Decisions ] - [ ER Decision Digest ] - [ ER Legal Resources ] - [ LIRC Home Page ]

uploaded 2004/06/15