FORT MYERS — A federal court has thrown out allegations by a Fort Myers man whose car was towed and allegedly called a racial epithet at a local hotel, causing him to claim civil rights violations and discrimination.
According to the May 22 U.S. District Court for the Middle District of Florida Fort Myers Division filing, the defendants, Andrea Goodell and Woodspring Suites Fort Myers Southeast Hotel, filed a motion to dismiss the plaintiff's, Mamberto Real, claims of discrimination in a place of public accommodation in violation of Title II of the Civil Rights Act of 1964.
The case involves Real, who agreed to a settlement offer after suing Woodspring Suites and its manager Goodell in August of 2018. Real was renting a room at the hotel for a month when he reported to police that his car had been stolen from the hotel parking lot. Real then learned that Goodell had actually had his car towed from the parking lot claiming that Real was no longer a registered guest at the hotel and that a warning notice had been placed on his vehicle prior to the towing. When Real told Goodell his car was mistakenly towed and asked the hotel to pay for his car to be returned, Real claims Goodell refused to pay, called him a "racial epithet" and threatened to have Real arrested for trespassing. In January of 2019 after settling, Real then filed an instant complaint alleging discrimination in a place of public accommodation.
The defendants argue Real's acceptance of the settlement "settles in full any future claims regarding this issue" with Real arguing the settlement is "ambiguous" and questions the defining of "this issue" in the agreement.
Senior U.S. District Judge John Steele concluded that "a plain reading" of Real's settlement "refers to Defendants’ underlying conduct described in the state court complaint, not to the specific cause of action Plaintiff asserted in state court."
The court found that Real's claims are "barred by the Settlement Agreement," that his complaint was "frivolous" and dismissed the case with prejudice.
U.S. District Court Middle District of Florida Fort Myers Division case number 2:19 cv-35