Public Hearing Summaries Note: Click on the case title to download the case PDF. David Rockwell vs. Thomas F. Schwarz d.b.a. G.I. Joes Army/Air Force Surplus Outlet Date of Decision: October 26, 2023 Basis: Physical/Mental disability Resolution: Commission Order Download decision file (pdf) Pubic hearing summary: (OAH 22-0781-HRC), the complainant alleged that GI Joes Army/Air Force Surplus Outlet discriminated against him by not allowing his service animal to enter the premises and failed to make an accommodation for his disability. The wife claimed she was afraid of big does and the owner, who was not present at the time, later claimed the dog was not allowed in because of his extreme allergies. The complainant further alleged that Respondent would not make an accommodation for his disability. Investigation by Commission staff found substantial evidence to support the Complainant’s allegations. All conciliation efforts failed, and an Accusation was filed on August 19, 2022. Following the Case Planning Conference, the hearing was scheduled for February 1, 2023. However, due to scheduling conflicts, the Commission filed an Unopposed Motion to Continue Trial on November 29, 2022. As of December 20, 2022, the Commission had not received an answer to the accusation, and a Motion for Entry of Default was filed with OAH on December 13, 2022. Ultimately, Respondent’s counsel filed a response to the accusation with OAH, along with an opposition to the Motion for Entry of Default. On January 6, 2023, the Commission received an order denying the Motion for Entry of Default. The Commission filed a Motion for Summary Judgment on February 1, 2023. During investigation, Respondent failed to provide proof of their competing disability, and the Commission filed a Motion to Preclude Respondent’s Disability Evidence on April 21, 2023. Respondent’s counsel filed an opposition to the Motion for Summary Judgment on April 24, 2023, and subsequently requested both an evidentiary hearing and oral arguments. Oral arguments took place on May 30, 2023. The Commission’s Motion to Preclude Respondent’s Disability Evidence was denied on June 26, 2023. On August 15, 2023, an Evidentiary Hearing was held, and a Notice of Recommended Decision was issued by the Administrative Law Judge. No objections to the decision was filed. The Commission entered its final order on or about October 26, 2023. On January 19, 2024, a Notice Transmitting Final Decision was issued by OAH, and the case was closed with the Commission.