DAN PONICK, Complainant

COMMUNITY BIO RESOURCES INC, 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 30, 2001
ponicda . rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

In his petition for commission review and supporting submissions the complainant argues that he has clean blood and is willing to help people out. He further states that he knows of an individual with a contagious illness who has been permitted to donate plasma and wants to know why he cannot do so. These arguments, however, fail to address the threshold question of whether the respondent, a plasma center, can be considered a "public place of accommodation or amusement," within the meaning of Wis. Stat. § 106.52(1)(e)(1). In a well reasoned decision, the administrative law judge determined that the respondent does not fall within the purview of the statute, and the commission agrees. Because the respondent is not a place of public accommodation or amusement, its refusal to accept a donation of blood plasma from the complainant cannot be considered a violation of the Public Accommodations & Amusements Law, as alleged in the complaint. Accordingly, the dismissal of the complaint is affirmed.

cc: Paul Ashba, Senior Counsel

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uploaded 2001/09/04