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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

BILLY RAY KIDWELL5064 Silver Bell DrivePort Charlotte, FL. 33948,

Plaintiff

v.

FLORIDA COMMISSION ON HUMAN RELATIONS4075 Esplanade Way, Room 110Tallahassee, FL. 32399

Defendant

And

SeaWorld Entertainment, Inc.Suite 4009205 South Park Center LoopOrlando, FL. 32819

Defendant

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Case No. 2:16-CV-403-FtM-99CM

COMPLAINT

I. AMERICANS WITH DISABILITIES ACT LAWSUIT INTRODUCTION

1. Florida is a horrendous state for America’s Disabled Combat

Veterans to live in, because of widespread discrimination

against the disabled, in places of Public Accommodation by

Corporations, especially “tourist” Corporations, like

SeaWorld Entertainment, Inc., and its Amusement Parks.

2. What makes it even more horrendous is that Florida’s State

Agency, the Florida Commission on Human Relations, which is

entrusted with enforcing Florida’s Version of the Americans

with Disabilities Act, (the Florida Civil Rights Act of

1992), is corrupt, and discriminates against the disabled.

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3. There are an estimated 2,675,000 people in Florida who have

a disability, and at least 491,000 of those have a physical

or mental impairment that substantially limits one or more

major life activities, entitling them to the protections of

the Americans with Disabilities Act (ADA), and Florida’s

Civil Rights Act.

4. Florida has one of the largest Disabled Veteran Populations

in America, and according to the Department of Veterans

Affairs at least 30% of all Veterans treated have severe

Post Traumatic Stress Disorder (P.T.S.D.).

5. Florida Corporations providing Public Accommodations,

especially tourist attractions like SeaWorld’s Amusement

Parks, do not like the stigma of Disabled Veterans, and do

not want Veterans in wheelchairs, or on crutches, needing

P.T.S.D. dogs, “chilling” the festive atmosphere of their

Amusement Parks, so they discourage Disabled Veterans from

visiting their parks, by making their experience as

unpleasant, and Cost Prohibitive, as possible.

6. SeaWorld does this by discriminating against the Disabled,

in direct violation of the ADA, and Florida’s Civil Rights

Act, to restrict their access to SeaWorld’s Parks, and deny

the disabled the same enjoyment of facilities, programs,

and entertainment the non-disabled enjoy.

7. In an effort to restrict Disabled Veterans from access to

SeaWorld’s Parks, like Busch Gardens, SeaWorld uses a

number of “Tactics”, or “Prongs of an Anti-Disabled Veteran

Policy”.

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SeaWorld Swindles and Overcharges the Disabled

8. One “Tactic” SeaWorld uses is to fleece Disabled Veterans

by making their parks Cost Prohibitive for the disabled,

charging the disabled more to rent an ageing electric

wheelchair, than it costs to rent a brand new car, and by

charging Disabled Veterans the full Amusement Park Price,

despite most of the entertainment being thrill rides that

are completely inaccessible to the disabled.

9. With today’s technology Busch Gardens is capable of

designing, or purchasing rides, and attractions, that are

fully handicapped accessible.

10. If Busch Gardens wants to target most of its rides,

towards non-disabled customers, and have most of their

rides, inaccessible to the disabled, then SeaWorld should

not charge the disabled the full price for rides,

entertainment, and experiences that SeaWorld, and/or, Busch

Gardens, has no intent of ever providing to the disabled.

11. Charging a Disabled Veteran in a wheelchair the full Busch

Gardens Ticket Price, simply to sit in a wheelchair all day

to be with their family, while SeaWorld knows the Disabled

are not capable of using any rides, other than the train,

or Skyride, and charging the disabled another $50 to rent

an electric wheelchair, when a brand new car can be rented

for far less, targets the disabled, and makes SeaWorld

Parks “Cost Prohibitive” to America’s ADA-Qualified

Disabled Veterans, most of whom are on small, fixed VA

Disability Incomes.

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12. Price gorging by SeaWorld, and charging the disabled for

services, rides, and entertainment that SeaWorld has no

intent of providing, as part of a policy to “chill”, and

obstruct, the disabled from enjoying SeaWorld Parks, the

same as the non-disabled do, clearly violates both the ADA,

and Florida’s Civil Rights Act.

13. SeaWorld would never get by with treating the non-disabled

the same way SeaWorld treats the disabled, charging the

disabled $99 to enter their park, and another $50 to merely

sit in a wheelchair all day.

14. The disabled pay nearly twice as much as the non-disabled

pay to visit Busch Gardens, and yet the disabled only

receive a small fraction of the services, entertainment,

and enjoyment of the park, that the non-disabled enjoy.

15. It violates the ADA, and Florida’s Civil Rights Act, for

SeaWorld to discriminate against the disabled, and charge

the disabled the full price for rides, and entertainment,

when SeaWorld has no intent of ever providing full access

to their park, and rides, to the disabled.

16. SeaWorld knows children cannot enjoy all the adult rides,

and SeaWorld reduces their ticket prices for Children, and

does not charge children for rides they cannot ride.

17. The disabled should be treated no different.

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SeaWorld’s Denial of Reasonable Accommodations to the Disabled

18.The next prong of SeaWorld’s “Policy” to restrict Disabled

Veterans from visiting their Amusement Parks is to

discourage the disabled from visiting SeaWorld’s Parks by

having a deliberate indifference, and strong hate, for the

Statutory ADA Rights, and needs, of America’s ADA-Qualified

Disabled Veterans, by SeaWorld refusing to provide

Reasonable Accommodations, or even a “Meaningful” way for

the disabled to request Reasonable Accommodations.

19.SeaWorld prints an “Accessibility Guide” that is in direct

conflict with the ADA, and well-settled ADA Law.

20.SeaWorld’s Accessibility Guide violates the ADA Guidelines

set by the United States Department of Justice, and Title

III Regulations, and is intended to exclude, or limit,

access to, and the enjoyment of SeaWorld’s Parks, by the

Disabled.

21.SeaWorld states in their Accessibility Guide that the

disabled can call (813) 987-5885, or e-mail Busch Gardens,

to make certain Disability Accommodation Request(s), and

SeaWorld requires that Accommodation Requests be made at

least two weeks in advance.

22. Plaintiff spent over six (6) hours calling (813) 987-5885

to make a Reasonable Disability Accommodation Request and

no one answered the phone, other than a recording stating

that their phones were busy.

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23. Not providing the disabled a working phone number to make

Reasonable Disability Accommodation Requests, and/or,

failing to hire adequate people to answer their Disability

Accommodation Request Phone Line, at least once within six

(6) hours, substantially aggravates the stress disability

of Disabled Veterans with a severe P.T.S.D. Disorder, and

clearly violates the ADA, and Florida’s Civil Rights Act.

24. Plaintiff e-mailed SeaWorld to make a Reasonable

Disability Accommodation Request, and it took over ten days

to get an e-mail response from SeaWorld.

25. The failure of SeaWorld to respond to a Reasonable

Disability Accommodation Request E-Mail for ten (10) days

substantially aggravates the stress disability of Disabled

Veterans with a severe P.T.S.D. Disorder, and clearly

violates both the ADA, and Florida’s Civil Rights Act.

26. When SeaWorld did answer Plaintiff’s e-mail Plaintiff was

denied his Reasonable Disability Accommodation Request by a

Busch Gardens Employee that had no training as to the

requirements of the ADA, and whom had no idea what a

Service Animal is, and whom did not know that both the

United States Department of Justice ADA Regulations for

Service Animals, and Florida Statute 413.08(1)(d), state

that “Dogs that calm a person with P.T.S.D. during an

anxiety attack are Service Animals”.

27. Busch Garden’s Untrained Employee arbitrarily, and

capriciously, and with a deliberate indifference for well-

settled law, the ADA, and Florida’s Civil Rights Act,

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intentionally discriminated against Plaintiff, and denied,

and continues to deny, Plaintiff access to Busch Gardens

with his trained P.T.S.D. Service Dogs, as she fraudulently

claimed that Plaintiff’s dogs are “Emotional Support Dogs”,

despite both the ADA, and Florida Statute 413.08(1)(d)

clearly stating P.T.S.D. Dogs are Service Animals.

28. Plaintiff sent U.S. Mail Registered letters to the

President of Busch Gardens, and to the CEO of SeaWorld,

making them aware it was impossible to make a Reasonable

Accommodation Request with Busch Gardens, that SeaWorld did

not answer its phones, timely respond to e-mails, or have

anyone that was even slightly familiar with the

requirements of the ADA, and/or Florida’s Civil Rights Act.

29. Plaintiff received no response from either the President

of Busch Gardens, or the CEO of SeaWorld, for two months.

30. It is impossible for the disabled to make a “Reasonable

Disability Accommodation Request” to SeaWorld, or Busch

Gardens.

SeaWorld’s Discrimination Against the Disabled that Need to Make

Reasonable Disability Accommodation Requests

31. SeaWorld sells its Amusement Park Passes claiming that

those who purchase a One, or Two Year Pass, can immediately

use their pass, and go to a SeaWorld Park the same day, or

even go every day, if they want to.

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32. SeaWorld’s “Accessibility Guide” requires the disabled to

plan their visits to SeaWorld Parks at least two weeks in

advance, because SeaWorld arbitrarily, and capriciously,

requires disability accommodation requests to be made at

least two weeks in advance, while the non-disabled can

drive up to SeaWorld’s Parks, anytime they are open, and

immediately visit SeaWorld’s Parks.

33. SeaWorld’s Arbitrarily, and Capricious, Requirement that

the disabled must forfeit two weeks of paid entry to Busch

Gardens, each time the disabled need to make a Reasonable

Disability Accommodation Request, while the non-disabled

may immediately enjoy SeaWorld’s Parks, with the same

ticket, discriminates against the disabled, denying them

fair treatment, and full enjoyment of their SeaWorld Pass.

34. It would be ridiculous for a grocery store to require the

disabled to “plan a visit to the grocery store”, to get a

gallon of milk, or a loaf of bread, two weeks in advance.

35. It would be ridiculous for a movie theater to require two

weeks’ notice before the disabled may watch a movie, or for

a carnival to require two weeks advance notice before the

disabled can come to the carnival.

36. It is just as ridiculous, for SeaWorld’s Amusement

Park(s), selling daily entry tickets, to arbitrarily, and capriciously, require the disabled to give two weeks’

notice before visiting their parks. [Emphasis added.]

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37. It is a violation of the ADA, and Florida’s Civil Rights

Act, to discriminate against the disabled, and arbitrarily,

and capricious, deny them access to SeaWorld’s Parks for

two (2) weeks, to punish them for being disabled.

38. There is no valid reason a simple Disability Accommodation

Request, such as those the Plaintiff made, cannot be

resolved the same day, nor a reason SeaWorld cannot answer

phones, or E-mails, or abide by the ADA, and Florida’s

Civil Rights Act, without punishing the disabled.

Amusement Parks Are Required to Have an ADA Accessible Website 39. Another of the “tactics” used by SeaWorld to obstruct the

disabled from using their parks is by making new

technologies, such as the SeaWorld, and Busch Gardens,

Internet Webpage Ticket Office, inaccessible to the disabled, despite knowing the new technology is clearly

covered by the ADA, by having such a strong Nexus to their

brick, and mortar, Amusement Park.

40.Amusement Parks are specifically named in Title III of the

ADA as being “Public Accommodations” that must comply with the Americans with Disabilities Act. [Emphasis added.]

41.It is indisputable that new technologies at an Amusement

Park, such as a Virtual Computer Ride, that does not exist,

except inside of a computer, is part of the brick, and

mortar, Amusement Park despite the Virtual Ride being in

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Virtual Space, and not having a concrete space of Public

Accommodation.

42.Likewise, a Virtual Ticket Office on the internet, selling

tickets to enjoy an Amusement Park, or selling tickets to

eat at an Amusement Park, are no different from the

physical computers, and Ticket Kiosks, on Amusement Park

Property, and are actually part of a Ticket Kiosk System

located on the brick, and mortar, Amusement Park Property.

43. Internet Virtual Ticket Offices for Busch Gardens have

such a strong Nexus to the Amusement Park, that they are

indisputably part of the brick, and mortar Amusement Park,

pursuant to the description in 28 CFR 36.104, making those

Virtual Ticket Offices a “Public Accommodation” subject to

the ADA.

44. The strongest Nexus is that the Virtual Ticket Offices on

the internet are actually an integral part of a Busch

Gardens Ticket Kiosk-Turnstile System that is actually

located on the Busch Gardens Amusement Park Property.

45. Although the ADA does not describe Virtual Rides, or

Virtual Ticket Offices, as being “Public Accommodations” it

is indisputable that 28 CFR 36.104 does specifically

describe Amusement Parks as being a “Public Accommodation”,

and those Virtual Ride, and Ticket Offices, are an integral

part of the Busch Gardens Amusement Park.

46. No Reasonable Person would believe that a Virtual

Amusement Park Ride, or a Virtual Amusement Park Ticket

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Office, which is part of the Amusement Park on site Ticket

Kiosk-Turnstile System, and no more than an extension of

the Brick, and mortar Amusement Park Ticket Office, isn’t

part of the Amusement Park, as described at 28 CFR 36.104.

47. If an Amusement Park has a roller coaster, whose track

extends out over the Amusement Park Bounties, that Coaster

is still part of the Brick, and Mortar, Amusement Park for

purposes of the ADA, and MUST abide by the ADA.

48. Virtual Ticket Offices are no different.

49. It is a basic principle of Statutory Construction that

Courts are not at liberty to add words to statutes, that

were not placed there by the Legislature, and there are no

words prohibiting Amusement Parks from having new

technologies, such as Virtual Rides, and Virtual Ticket

Offices, that are an integral part of the Amusement Park

“Public Accommodation”.

50. SeaWorld Entertainment, Inc., knowingly and intentionally

obstructed the Plaintiff from exercising “Meaningful”

Access to Busch Gardens by refusing to make their Internet

Website, and Virtual Ticket Office, and onsite Ticket Kiosk

System, ADA Handicapped Accessible.

51. By denying Plaintiff “Meaningful” access to their website,

solely because of Plaintiff’s disabilities, SeaWorld was

also denying Plaintiff access to their onsite Amusement

Park, SeaWorld’s onsite Kiosk System, and SeaWorld’s onsite

Customer Relations Office in direct violation of the ADA.

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SeaWorld “Donation-Bribes” to Governor Rick Scott to Cover-Up

ADA, and Florida Civil Rights Act, Violations

52. Another “tactic” used by SeaWorld Entertainment to

discriminate against the disabled is to make extremely

large “Donation Bribes” to the Governor of Florida, Rick

Scott, and/or to the Florida Republican Party, so SeaWorld

will get “Preferred” treatment by the State of Florida,

when the State of Florida investigates Complaints by the

disabled against SeaWorld for discrimination.

53. SeaWorld paying Florida Politicians to discriminate

against the disabled is a violation of the ADA.

Title II Violations by the Florida Commission on Human

Relations

54. Florida has a Civil Rights Act that is similar to the ADA

in that it protects the disabled in Florida against

Disability Discrimination.

55. A State Agency, the Florida Commission on Human Relations,

is responsible for investigating violations of Florida’s

Civil Rights Act.

56. The Florida Commission on Human Relations is a Quasi-

Judicial State Agency because it must be used prior to suit

being filed by the victim in Court.

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57. It was the Statutory Intent of the Florida Legislature in

passing Florida Statute F.S. 760.03(2) for Commissioners on

the Florida Commission on Human Relations to be diverse,

coming from every political party in the state, and having

diverse economic backgrounds, so that they are impartial,

and represent the population of Florida.

58. Governor Rick Scott intentionally violated F.S. 760.03(2)

by stacking the Florida Commission on Human Relations with

extremely Pro-Corporate, Disabled-Rights Hating, Florida

Republican-Connected, “Cronies” of Governor Rick Scott.

59. Most, if not all, of the Commissioners on the Florida

Commission on Human Relations are wealthy, with strong ties

to business, and to the Florida Republican Party, and are

not diverse, and do not represent the population of

Florida, as required by Florida Statute F.S. 760.03(2).

60. These Florida Human Rights Commission “Commissioner-

Cronies” of Governor Rick Scott give massive “Preference”

to Corporations, over discrimination victims, fixing

Disabled Victim Discrimination Complaints for Corporations.

61. SeaWorld, and/or SeaWorld’s Corporate Officers, “Donated”

tens of thousands of dollars in “Political-Bribes” to

Governor Rick Scott to buy “influence” before State

Agencies, including the Florida Commission on Human

Relations, to assure the disabled that are discriminated

against by SeaWorld’s Parks, are discriminated against

again when they go to the Florida Commission on Human

Relations with a Disability Complaint.

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62. The Florida Commission on Human Relations (FCHR) is so

extremely bias against the disabled, that it has a

Statutory Duty to protect, that the FCHR brags on their

Website about dismissing Disability Discrimination

Complaints by the disabled to save Corporations “Millions

of Dollars”.

63. In addition to being bribed, fixing cases against the

disabled, and having Corporate-Owned Political Cronies of

Governor Rick Scott appointed, in direct violation of F.S.

760.03(2) as Commissioners, the FCHR Executive Director,

Michelle Wilson, another crony of Governor Rick Scott, will

not respond to letters from the disabled, and will not even

consider a “Reasonable Disability Accommodation Request”

that is needed by an ADA Qualified Disabled Person to

exercise “Meaningful” Access to her agency.

64. The Disabled-Rights-Hating, Corporate-Owned, Political

Commissioners on the Florida Commission on Human Relations

refuse to respond to letters from the disabled, or even

consider a “Reasonable Disability Accommodation Request” by

an ADA Qualified Disabled Person needing a Reasonable

Accommodation to have “Meaningful” Access to their agency.

65. When an ADA Qualified Disabled Person needing a Reasonable

Accommodation to have “Meaningful” Access to the FCHR

trying is spurned, snubbed, and ignored, by the Executive

Director, and Commissioners, and as a last resort contacts

the General Counsel for the FCHR, Cheyanne Costilla, they

are told the FCHR cannot consider, or grant, Reasonable

Disability Accommodation Requests.

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66. It is the view of the Florida Commission on Human

Relations that they are above the law, and that Florida

State Agencies, including the FCHR, do not have to comply

with Title II of the Americans with Disabilities Act.

Retaliation Against the Disabled that File ADA Disability

Complaints

67. Disabled Victims that file Disability Discrimination

Complaints are strongly Retaliated against by SeaWorld

Entertainment, Inc. and the Florida Commission on Human

Relations.

68. SeaWorld Entertainment retaliates by using a dishonest in-

house Attorney, Kathleen A. Liever, to cover-up blatant

ADA, and Florida Civil Rights Act Violations by SeaWorld,

by lying to investigators investigating disability

Complaints against SeaWorld, by falsifying SeaWorld’s

Records to cover-up discrimination against the disabled by

SeaWorld, by suborning Perjury from SeaWorld Employees to

obstruct discrimination investigations, and by harassing

the disabled that file discrimination Complaints, and

intentionally aggravating the disabilities of the disabled

that file disability Complaints against SeaWorld.

69. SeaWorld Entertainment also retaliated against Plaintiff,

and his family, by canceling their two year Busch Gardens

Passes, while denying them access to Busch Gardens for the

past two years in an ongoing blatant violation of the ADA,

and Florida Civil Rights Act.

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70. SeaWorld had Attorney, Kathleen A. Liever, suborn Perjury

from a SeaWorld Employee to cover-up Retaliation and

SeaWorld Canceling the Busch Gardens Two Year Passes the

Plaintiff, and his family, had paid SeaWorld for.

71. SeaWorld has no intent of allowing Plaintiff, and his

family, to visit Busch Gardens again until they drop his

Disability Discrimination Complaint against SeaWorld.

72. The Florida Commission on Human Relations retaliates

against the disabled making Disability Discrimination

Complaints against corporations, that donate large sums of

money to Governor Rick Scott, (in this case SeaWorld), by

refusing to consider Reasonable Disability Accommodation

Request(s) made by the disabled, that are necessary for

“Meaningful” Access to the Commission, by allowing, and

encouraging, retaliation by SeaWorld, by refusing to give

any weight to evidence submitted by the victim, by

knowingly encouraging the subornation of Perjury, and the

commission of Perjury, and falsification of Discrimination

Investigation Records by SeaWorld, while the Commission

refuses to abide by the U.S. Department of Justice ADA

Guidelines, and Regulations, for State Agencies.

73. The Florida Commission on Human Relations will commit any

act, no matter how illegal, to deny an ADA-Qualified Person

an honest Complaint Process, if the Complaint is against a

corporation that donates large sums of money to Florida

Governor Rick Scott.

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74. Plaintiff merely wants to be allowed to enjoy Florida’s

Amusement Parks, like the non-disabled do, with his family, and not to be denied access to parks, and terrorized, as

punishment for serving this country, by enlisting in the

Army, volunteering for Vietnam Combat Service, and

returning from war disabled, and unable to walk, or stand

stress. [Emphasis added].

75. Plaintiff wants Reasonable Accommodations for his

Disabilities, and “Meaningful” access, to Florida’s State

Agencies despite Plaintiff’s Disabilities.

76. THEREFORE, Plaintiff files this action to enforce Title

III of the Americans with Disabilities Act (ADA) against

SeaWorld Entertainment, Inc., and to enforce Title II of

the ADA against the Florida Commission on Human Relations.

II. JURISDICTION AND VENUE

77. This Court has jurisdiction of this action under Title II

of the ADA, 42 U.S.C. §§ 12131-12134, and Title III of the

ADA, 42 U.S.C. §§ 12181-12189, and 28 U.S.C. §§ 1331, 1345.

This Court may grant the relief sought in this action

pursuant to 28 U.S.C. §§ 2201(a), 2202.

78. This Court has concurrent jurisdiction over the State

Causes of Action, pursuant to Florida Statute 760.11(8)

under subsection (4), for “Causes of Action” not addressed

in the Americans with Disabilities Act.

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79. Venue is proper in this district pursuant to 28 U.S.C. §

1391 because a substantial part of the acts giving rise to

this action occurred in the Northern District of Florida.

[See 28 U.S.C. § 1391(b).]

III. PARTIES

80. Plaintiff, Billy Ray Kidwell, is a 100% Service-Connected,

Severely Disabled, Vietnam Combat Veteran, and resident of

the State of Florida. Billy Kidwell has physical, and

mental, impairments that substantially limit at least one,

or more, of his major life activities. Plaintiff greatly

exceeds all requirements, to be a “Qualified Disabled

Person” as described in the ADA, entitled to the

protections of the Americans with Disabilities Act. His

address is: Billy Ray Kidwell, 5064 Silver Bell Drive, Port

Charlotte, Florida 33948.

81. Defendant, Florida Commission on Human Relations, is a

Quasi-Legal State Agency, as described in Title II of the

ADA. This Defendant’s Address is; Florida Commission on

Human Relations, 4075 Esplanade Way, Room 110, Tallahassee,

Florida 32399.

82. Defendant, SeaWorld Entertainment, Inc., is a Public

Accommodation within the meaning of 42 U.S.C. § 12181, and

pursuant to Title III of the ADA. The address of this

Defendant is: SeaWorld Entertainment, Inc., Suite 400, 9205

South Park Center Loop, Orlando, Florida 32819.

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IV. STATUTORY AND REGULATORY BACKGROUND

83. Congress enacted the ADA in 1990 “to provide a clear and

comprehensive national mandate for the elimination of

discrimination against individuals with disabilities.” 42

U.S.C. § 12101(b)(1). It found that “historically, society

has tended to isolate and segregate individuals with

disabilities, and despite some improvements, such forms of

discrimination against individuals with disabilities

continue to be a serious, and pervasive social problem.”

Id. § 12101(a)(2).

84. For those reasons, Congress prohibited discrimination

against individuals with disabilities by Public Entities,

and by places of Public Accommodation.

85. Title II of the ADA prohibits discrimination on the basis

of disability by Public Entities. This encompasses the

State of Florida, its agency the Florida Commission on

Human Relations, and its Statutory System for enforcement

of Florida’s Civil Rights Act, because a “Public Entity”

includes any state, or local government, any department,

agency, or other instrumentality of a state, or local

government, and it applies to all services, programs, and

activities provided, or made available, by Public Entities.

86. Congress directed the Attorney General to issue

regulations implementing Title II of the ADA. Id § 12134.

The Title II Regulations require Public Entities to

“administer services”, programs, and activities in the most

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integrated setting appropriate to the needs of qualified

individuals with disabilities.

87. Regulations implementing Title II of the ADA prohibit

Public Entities from utilizing “methods of administration”

that have the effect of subjecting qualified individuals

with disabilities to discrimination, or have the purpose,

or effect, of defeating, or substantially impairing,

accomplishment of the objectives of the entities program,

with respect to individuals with disabilities.

88. Title III of the ADA prohibits discrimination on the basis

of disability by Public Accommodations. This encompasses

Amusement Parks, and Zoos, such as Busch Gardens, including

the Busch Gardens Onsite Ticket Kiosk System, with

terminals that extend beyond the brick, and mortar,

Amusement Park, which are an integral part of the onsite

Ticket Kiosk System, based on Busch Gardens Property.

89. Subpart B § 36201(a) provides that “No individual shall be

discriminated against on the basis of disability in the

full and equal enjoyment of the goods, services,

facilities, privileges, advances, or accommodations of any

place of Public Accommodation”.

V. FACTUAL ALLEGATIONS

(A) Plaintiff, Billy Kidwell, is an ADA Qualified Person and

Entitled to the Protections of the ADA, and Florida Civil Rights

Act of 1992

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90. Plaintiff, Billy Kidwell, is an Elderly Sixty-Seven (67)

year old, Highly Decorated, 100% Service-Connected,

Severely Disabled, Vietnam Combat Veteran.

91. Plaintiff has a back disability that obstructs his

walking, a severe stomach disorder that causes Plaintiff to

throw up blood when Plaintiff is exposed to stress, a bad

heart operating at 32% causing shortness of breath, an

aortic aneurysm that can kill Plaintiff, and Plaintiff’s

Left Side, and left leg, are numb because of his back

injury.

92. Plaintiff also has an extremely severe, unique, “Life-

Threatening” Post-Traumatic Stress Disorder (P.T.S.D.),

that makes it impossible for Plaintiff to stand stress, a

severe sleeping disorder from combat, and in addition to

all the disabilities above, severe depression, and anxiety

attacks from his P.T.S.D. that severely limit one, or more,

of Plaintiff’s major life activities.

93. The Plaintiff must take large doses of extremely powerful

prescribed medications for severe pain, such as

Hydrocodone, that also limits Plaintiff’s major life

activities.

94. Plaintiffs physical, and mental, impairments described in

paragraphs eighty-nine to ninety-two above severely limit

one, or more, of Plaintiff’s major life activities, making

Plaintiff unable to walk, without leaning on a shopping

cart, or using a wheel chair, and unable to stand stress.

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95. Plaintiff is unable to even stand and brush his teeth

without assistance, and Plaintiff is unable to stand any

stress, because of his extremely severe, unique, “Life-

Threatening” Post-Traumatic Stress Disorder (P.T.S.D.).

96. In 1987 in Chambers before Chief, United States District

Court Judge, Edward Huggins Johnstone, in Louisville

Kentucky, in a Pro Se Lawsuit against the Veterans

Administration Plaintiff, Billy Kidwell, could not stand

the stress of a simple hearing, due to his severe P.T.S.D.

disorder, and had a P.T.S.D. Anxiety Attack, and

Plaintiff’s heart stopped, requiring emergency assistance

by Judge Johnstone and Court Personnel.

97. Plaintiff was rushed by Ambulance from Judge Johnstone’s

Chambers to the Hospital Emergency Room, almost dying, and

spent several months in a hospital.

98. Chief United States District Court Judge Edward Huggins

Johnstone issued a Federal Court Order documenting the event, and stating that Plaintiff is severely disabled from

combat in Vietnam, and that “the Court strongly suggests

that the VA reconsider its arbitrary, and capricious,

conduct, and reconsider Plaintiff’s VA Disability Claims.”

99. The President of the United States received a letter from

Plaintiff, complaining about Criminal Conduct by the

Veterans Administration to cheat Kidwell, and the President

of the United States assigned a Military Assistant to the

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President to investigate the ongoing Criminal Conduct in

the processing of Kidwell’s VA Claim.

100. The Military Assistant found that the VA had destroyed

records, committed Perjury in Court Filings, and the

President’s Assistant called Plaintiff stating that

President Clinton was appalled at the corruption in the VA,

and had Ordered the Surgeon General of the United States to

review all of Plaintiff’s medical records in the Army, and

Veterans Administration, and to issue a report.

101. The Surgeon General of the United States issued a

report stating Plaintiff is severely disabled with P.T.S.D.

from excessive combat in Vietnam, and is Service-Connected.

102. President Clinton’s Military Ade contacted the

Secretary of the Veterans Admission, and called Plaintiff,

stating that Plaintiff would immediately get 100% Service-

Connected Disability based on the Surgeon General’s

Detailed Report, with evaluations by experts.

103. Plaintiff was awarded 100% Service-Connected Disability

by the Department of Veterans Affairs, as a result of

Plaintiff’s Army Service in Vietnam, due to Severe

P.T.S.D., and a back injury in Vietnam.

104. In 1988 a United States Administrative Law Judge for

Social Security in Lexington Kentucky, Judge Farr, found

the Plaintiff, Billy Kidwell, Permanently, and Totally,

Disabled from extremely severe P.T.S.D., since the date of

his Army Discharge in 1970, and specifically found

Plaintiff unable to stand stress, or engage in any

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“Gainful” employment, and unable to engage in a number of

major life activities.

105. For over forty-six years every VA Doctor Plaintiff has

been under the care of has agreed that Plaintiff is 100%

disabled as a result of his military service in Vietnam.

106. The United States Department of Justice determined

Plaintiff is Permanently, and Totally, Disabled for life as

a result of his military service and issued Plaintiff the

Department of Defense Form DD 2765 Identification Card.

107. The State of Florida certified Plaintiff 100% Service-

Connected and issued Plaintiff Disabled Veteran Plates for

his Auto.

108. The State of Florida found Plaintiff is Permanently and

Totally Disabled and issued Plaintiff a Permanent, and

Totally, Disabled Fishing, and Hunting License.

109. Florida’s Department of Veterans Affairs Certified Plaintiff 100% Service-Connected, and Permanently, and

Totally Disabled for Life from Post-Traumatic Stress

Disorder caused by Combat at the request of the Florida

Department of Education for a grant for Plaintiff’s

daughter.

110. The Charlotte County Florida Taxing Authority, for over

twenty (20) years, has certified Plaintiff 100% Disabled

from combat, finding Plaintiff Totally, and Permanently,

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Disabled from P.T.S.D., and granted Plaintiff exemption

from taxes on his house.

111. It is indisputable Plaintiff is a 100% Service-

Connected, Permanently, and Totally Disabled, Veteran,

severely limited in one, or more, of Plaintiff’s major life

activities because of combat disabilities from Vietnam.

112. Pursuant to paragraphs Eighty-Nine to Paragraph One

Hundred and Ten above Plaintiff greatly exceeds all

requirements to be an “ADA Qualified Person” entitled to

the protections of the ADA.

(B) It is Indisputable That Because of Plaintiff’s Unique,

Severe, ADA P.T.S.D. Disability, Plaintiff Needs “Low Stress

Access” to Public Accommodations, and Entities

113. According to every VA Doctor that has examined

Plaintiff in the past forty-six years, Plaintiff’s ADA

Qualified Disabilities require Plaintiff to need as Low

Stress Access, as possible, to State Facilities, and

programs, and to Public Accommodations, to exercise

“Meaningful” Access, because even normal stress severely

harms Plaintiff, and can cause his death.

114. Plaintiff needs a wheelchair, walker, or shopping cart

to lean on to walk, and Service Animals to assist him by

alerting, and protecting, Plaintiff during a P.T.S.D.

seizure, by reminding Plaintiff, who has P.T.S.D., to take

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prescribed medications, and to calm Plaintiff during an

anxiety attack caused by his extremely severe, unique,

Life-Threatening P.T.S.D.

(C) Plaintiff’s Need for Two Small Service Animals

115. The United States Department of Justice Revised ADA

Requirements for Service Animals states that “Service

Animals are defined as dogs that are individually trained

to do work or perform tasks for people with Disabilities”.

116. The United States Department of Justice’s “Revised ADA

Requirements for Service Animals” gives examples of the

tasks Service Animals would do specifically stating “a

Service Animal would alert and protect a person having a

seizure, remind a person with mental illness to take

prescribed medications, calm a person with P.T.S.D. during

an anxiety attack, or performing other duties”. 117. Plaintiff’s ADA Qualified P.T.S.D. Disabilities require

Plaintiff to need Service Animals that are individually

trained to alert, and protect, Plaintiff during a seizure,

to remind Plaintiff to take prescribed medications, and to

calm Plaintiff, who has an extremely severe Post Traumatic

Stress Disorder (P.T.S.D.), during an anxiety attack.

118. According to the United States Department of Justice

Revised ADA Requirements for Service Animals “Dogs that calm a person with P.T.S.D. during an anxiety attack” are Service Animals. [Emphasis added. Please note the Plural

“Dogs” is used, meaning more than one dog.]

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119. The United States Department of Justice Revised ADA

Requirements for Service Animals, and the ADA, always

refers to Service Animals in the Plural, meaning “More than

one”.

120. There is no limit, pursuant to the ADA, or pursuant to

Florida’s Civil Rights Act, as to the number of service

animals that may be needed, just as one cripple may need

only one crutch, while another more severely disabled

person may need two crutches to walk.

121. Plaintiff’s forty-six (46) year, well documented

history of an extremely unique, severe P.T.S.D. proves he

needs two (2) small Service Animals, which have been proven

to work better for him than one large Service Animal.

122. For forty-six years Medical Experts with the Department

of Veterans Affairs have attempted different medications,

even trying dangerous medications such as using Choral

Hydrate, to try to get Plaintiff to sleep, and be able to

deal with his severe anxiety attacks, and nothing seemed to

work, or help Plaintiff cope with stress, due to the

uniqueness, and severity, of Plaintiff’s P.T.S.D., until

Plaintiff started using two (2) small Japanese Chins as

Service Dogs.

123. Plaintiff cannot access Public Accommodations, or

Government Entities, without his two small service animals.

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124. Plaintiff suffers an increased inability to stand

stress, and often suffers severe anxiety attacks, without

his two small service animals.

125. Thanks to the recent Iraq War, it has been accepted,

and is “normal”, for Combat Veterans to need Service Dogs

to enjoy the same access to Public Accommodations, and

Public Entities, that the non-disabled enjoy.

126. The only restriction by the ADA on using two Service

Animals is, the Public Accommodation must show granting an

Accommodation Request for two Service Animals would be

“Cost Prohibitive”, or an undue hardship for Busch Gardens,

or Busch Gardens must provide other substantial reason.

127. A Public Accommodation, like Busch Gardens, cannot deny

a Reasonable Accommodation Request for two small Service

Animals merely because they do not want the stigma of

Disabled Veterans “chilling” the festive atmosphere of

their Amusement Parks.

128. A Public Accommodation, like Busch Gardens, cannot

arbitrarily, and capriciously, refuse a disability

accommodation request by an ADA Qualified Individual for

two small Service Animals, that are less trouble, less

intimidating, and less costly to allow than one very large

Service Dog is, unless Bush Gardens provides a reason.

129. The disabled person has no duty to prove his need for

the Service Animal(s), unless asked, and pursuant to the

ADA the Public Accommodation, or State Entity, may only ask

two questions, (1) Is the dog(s) a Service Animal required

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because of a disability? and (2) What work or task has the

dog(s) been trained to perform.

130. Plaintiffs Dogs are required because of his unique

P.T.S.D. disorder, and they have been trained by Plaintiff

to alert, and protect, Plaintiff during a seizure, to

remind Plaintiff to take prescribed medications, and to

calm Plaintiff during a P.T.S.D. anxiety attack.

131. Public Accommodations, or Public Entries, may not

harass the disabled person for needing a Service Animal,

and are specifically prohibited by the ADA, from demanding

a Doctor’s Note authorizing Service Animals, or requiring

proof of the training of a Service Animal, or making an

arbitrarily, and capricious, decision to refuse to allow

two Service Animals, and the Public Accommodation, or

Public Entity, is required to show it would be “Cost

Prohibitive”, or an undue hardship, to allow two small

Service Animals.

132. If the disabled, especially those with P.T.S.D., were

required to provide doctor’s letters, and proof of a need

for a Service Animal, each time they went into a store, an

Amusement Park, or sought to access a State Agency, or

State Service, or Program, it would embarrass, and

aggravate the disabled person’s disability to such a degree

that it would “Chill” and prohibit the disabled person from

using places of Public Accommodation and Public Entities.

(D) Swindling, and Profiteering, Off the Disabled

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133. Busch Gardens is largely a thrill ride park with an

incorporated zoo, and since small children cannot ride most

of the park’s rides Busch Gardens does not charge children,

under 3 years old, for entry into Busch Gardens.

134. Plaintiff, and most other disabled persons, are unable

to ride thrill rides, like the children that receive free

entry into Busch Gardens, or able to enjoy any more of the

entertainment at Busch Gardens, than those children enjoy,

and yet because Busch Gardens does not want the “stigma” of

Combat Disabled Veterans in wheelchairs, with Service Dogs,

the disabled do not get in free like the children, and

instead are charged the FULL BUSCH GARDENS PRICE Busch Gardens charges for the enjoyment of thrill rides.

135. Busch Gardens has no intent of providing full access to

its park, or full access to its thrill rides, to the

disabled, and therefore is charging the disabled for rides,

and attractions, SeaWorld Parks has no intent of providing

to the disabled.

136. SeaWorld knows the non-disabled would never pay the

Full Price for Busch Gardens Tickets if they could only

enjoy the very limited rides, and facilities, provided to

the disabled.

137. SeaWorld does not discount its tickets for the

disabled, like it does for children unable to ride thrill

rides, and fully enjoy the facilities, because SeaWorld

wants to discriminate against the disabled, by making its

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Parks cost prohibitive to the disabled, in direct violation of the ADA. [Emphasis added.]

138. The “Motive” is SeaWorld’s Massive Disrespect for the

ADA, and desire not to have the stigma of the disabled

“chill” the festive atmosphere of its parks.

(E) Plaintiff is being Discriminated Against by SeaWorld’s

Price(s) in Direct Violation of the ADA

139. Busch Gardens has sixteen (16) rides listed on its

website, Cobra’s Curse, Falcon’s Fury, Cheetah Hunt,

SheiKra, Jungle Flyers, The Wild Surge, Air Grover, Sand

Serpent, Congo River Rapids, Kumba, Montu, Scorpion,

Serengeti Railway, Stanley Falls, and the Skyride.

140. Of those sixteen rides the Plaintiff, Billy Kidwell,

pays Busch Gardens to ride, he can only ride two, the

Serengeti Railway, and the Skyride.

141. The technology exists to make most, if not all of those

sixteen rides handicapped accessible, by slowing them down

when the disabled ride, or by making some other

modification to SeaWorld’s Thrill Rides.

142. SeaWorld has no intent of making its rides handicapped

accessible because SeaWorld wants to discourage the

disabled from visiting their parks.

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143. Plaintiff, and the disabled, pay Busch Gardens $99 for

a “Fun Card” to merely sit in a wheelchair all day, waiting

in the sun while the non-disabled in their family ride

rides.

144. The only two rides the Plaintiff, and many other

disabled, can ride are the two (2) transportation rides to

take Plaintiff from one part of the park to another.

145. It is fraud, and a violation of the ADA, for SeaWorld

to charge the disabled, for rides, and experiences, that

SeaWorld’s Parks have no intent of providing.

146. Busch Gardens charges the disabled $50 to rent a used

electric wheelchair for a day, which is far more than it

costs to rent a Brand New Car.

147. These disgraceful, reprehensible, prices are intended

to make Busch Gardens cost prohibitive for the disabled,

and to obstruct the disabled from the same enjoyment of

Busch Gardens the non-disabled enjoy, which clearly

violates the ADA, and Florida’s Civil Rights Act.

148. With SeaWorld only providing the disabled access to two

rides out of Sixteen, and charging the disabled more for a

used, outdated, electric wheelchair, than it costs to rent

a brand new car, even if SeaWorld were to only charge the

disabled half as much to visit their parks, and only charge

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twenty dollars a day for an electric wheelchair rental,

SeaWorld would still be profiteering off the disabled.

149. It is far beyond outrageous for SeaWorld to target the

disabled, and charge them Full Price, and an additional $50

for an electric wheelchair, often costing the disabled half

of their monthly Social Security Check, to merely sit in

the sun, watching their families enjoy the parks.

150. It is indisputable such pricing is discriminatory,

making SeaWorld’s Amusement Parks Cost Prohibitive to the disabled, since the non-disabled would never agree to pay such outrageous prices, to only enjoy two rides, while

sitting in the sun all day in a wheelchair.

(F) SeaWorld Intentionally, and with Malice, Violated the United

States Department of Justice Regulations for Service Animals by

Denying Plaintiff Access to their Parks with Service Animals

151. About four years ago on a rare trip to Walmart the

Plaintiff was advised by a Disabled Iraq War Veteran that

the Iraq Veteran was able to stand stress in Public

Accommodations by having a Service Dog that calmed him, and

was individually trained to alert, and protect, the Iraq

Veteran during a seizure, while reminding the Iraq Veteran

to take his prescribed medications, and the Iraq Veterans

Service Animal was also trained to relax the Veteran during

an anxiety attack.

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152. Plaintiff, seeking to find a way to better deal with

his forty-six (46) year severe P.T.S.D., that was causing

Plaintiff physical disabilities, such as Plaintiff’s

Stress-Caused Heart Problems, and obstructing Plaintiff’s

ability to stand stress in public, started researching

Service Animals.

153. Plaintiff’s research showed that the Japanese Chin has

been bred for centuries by the Japanese to be a companion

to the Emperor of Japan, and there is no dog on earth more

domesticated, safe, human-like, completely accommodating,

and easily trained, as a Post-Traumatic Stress Service

Animal, since it has been bred into the Japanese Chin to

want to please its master, and to be alert as to problems.

154. Because of an inbred shyness the Japanese Chin works

best as a pair, however because of their extremely small

size, and their inbred desire to obey, and please their

owner, Japanese Chins are Perfect Service Animals, even as

a pair, since they take less space, and are far less

intimidating, than large Service Dogs, which can be

dangerous in a crowded, confusing situation like an

Amusement Park.

155. Despite their inbred shyness, and the need for a pair,

the Japanese Chin is far safer for the public, and a far

better choice for a crowded area, such as an amusement

park, to be used as a Service Animal for P.T.S.D.

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156. A pair of small, Japanese Chins as Service Dogs, bred

to be calm and obedient, makes them idea as Service Animals

for P.T.S.D., which requires calm, and obedient animals.

157. A large Service Dog, especially in such a complex

environment as an Amusement Park, with large Crowds often

pushing against the Service-Animal, and the loud noises

from Amusement Park Rides, and Amusement Park Shows, can

confuse, and make large dogs dangerous, and a threat to the public, especially in an environment like a Amusement Park.

158. There is simply no logical reason for SeaWorld to deny

an “Extremely Reasonable Disability Accommodation Request”

for two extremely small, extremely calm, naturally docile,

Japanese Chins with centuries of inbred traits to be

perfect P.T.S.D. Service Dogs, and with additional specific

training to be P.T.S.D. Service Dogs, while SeaWorld allows

large, almost horse-like, barking, and sometimes hostile,

large Service Dogs, without question, or a second thought.

159. For the above reasons Plaintiff obtained two small

Japanese Chins and individually trained them to respond to

him, and understand when Plaintiff started getting

“excited” and in need of medication, and trained them to

alert Plaintiff when medication is needed.

160. Plaintiff found that one of his Japanese Chins

naturally sought to calm Plaintiff during a P.T.S.D.

anxiety attack, and Plaintiff encouraged, and individually

taught his Japanese Chins to calm him during an anxiety

attack.

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161. Plaintiff individually trained his Japanese Chins to go

further than required by the ADA and to actually comfort,

relax Plaintiff, and help Plaintiff stay calm, and avoid

P.T.S.D. Anxiety Attacks.

162. Because of Plaintiff aging, the deterioration of his

health, and increasing aggravation of his disabilities,

Plaintiff cannot exercise “Meaningful” access to Public

Accommodations without his two small Service Animals.

163. Normally the disabled with Service Animals do not make

a future Disability Accommodation Request with SeaWorld’s

Parks, since they buy DAILY Passes, so they normally

request access to SeaWorld’s Parks when they enter at

Customer Relations.

164. Plaintiff’s daughter, Hannah Kidwell, graduated High

School so Plaintiff promised to take her to Busch Gardens

in Tampa, as a reward, planning on going on June 28, 2014.

165. Since Plaintiff has to drive over a hundred miles to

Busch Gardens from his home to be on the safe side

Plaintiff tried to call Busch Gardens on the phone a day in

advance to make a Reasonable Disability Accommodation to

use his two small Service Animals for his P.T.S.D.

166. Plaintiff called the phone number in the Busch Gardens

Accessory Guide for over six (6) hours to make his

Disability Accommodation Request and the phones kept

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playing a recording saying that Busch Garden’s Phones were

busy.

167. Plaintiff then sent an e-mail to Busch Gardens and

waited all day and did not receive any reply.

168. Although Busch Gardens sold Plaintiff daily tickets to

enjoy their park, on a daily basis, Busch Gardens does not

provide the disabled access to a Disability Coordinator, or

anyone the disabled can make a Reasonable Disability

Accommodation Request to, in time for the disabled to use

their daily tickets.

169. On June 28, 2014 the Plaintiff could not enter Busch

Gardens with his Service Animals because Busch Gardens did

not timely respond to Plaintiff’s extremely Reasonable

Disability Accommodation Request.

170. Plaintiff sent letters by U.S. Mail to the President of

Busch Gardens, and to the CEO of SeaWorld, and they had

such a hostility towards the disabled, and a deliberate

indifference towards the ADA that they did not respond for

nearly two (2) months.

171. Plaintiff received a response to his e-mail two weeks

after he sent his e-mail “Reasonable Disability

Accommodation Request” to Busch Gardens.

172. In the Busch Gardens e-mail response, a Busch Gardens

Employee, with no ADA Training, and no idea of what an ADA

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Service Animal is, Arbitrarily, and Capriciously, decided

that Plaintiff’s Service Animals are “Emotional Support

Animals” and stated that Plaintiff cannot enter the park

with them.

173. That decision by the untrained Busch Gardens Employee

directly violated the United States Department of Justice

Regulations on Service Animals which clearly state that

Plaintiff’s P.T.S.D. Dogs are Service Animals.

174. The United States Department of Justice Regulations

state that if there is any doubt by a Public Accommodation

as to if a dog is a Service Animal the Public Accommodation

may ask two questions, and only two questions (1) Is the

dog a Service Animal required because of a disability and

(2) What work or task has the dog been trained to do.

175. Busch Gardens did not ask either of the two questions

in paragraph one hundred and seventy-three above, and

therefore could not deny Plaintiff’s Service Animal Request

without violating the Justice Department’s Regulations, and

the Americans with Disabilities Act.

176. From June 28, 2014 to the present SeaWorld has been

absolutely refusing to abide by the United States Justice

Department’s Regulations on Service Animals, and denying

Plaintiff Access to their parks with his Service Animals,

in an ongoing violation of the ADA, and Florida’s Civil

Rights Act.

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177. In an ongoing ADA Violation, from June 28, 2014 to the

present the Plaintiff has been denied the use of his Busch

Gardens Daily Tickets, that Plaintiff paid for, and

obstructed in accessing SeaWorld’s Parks, while being

denied the same enjoyment of SeaWorld’s Parks, that the

non-disabled enjoy, solely because of Blatant Disability

Discrimination by SeaWorld, punishing Plaintiff for

defending this country in the Vietnam War.

(G) SeaWorld’s Internet Website is a Public Accommodation and

Violates the ADA

178. On June 27, 2014 Plaintiff went to Busch Garden’s

Online Internet Ticket Terminal, which is an extension, and

integral part of the Busch Garden’s onsite Ticket Kiosk

System at Busch Gardens to buy Busch Gardens Meal Deal

Tickets for Plaintiff, and his wife, and daughter.

179. Busch Garden’s onsite Ticket Kiosk System, with its

extensions, in the form of Internet Ticket Terminals, is an

integral part of the Busch Gardens Amusement Park and

therefore is a Public Accommodation according to the ADA.

180. The Busch Gardens Internet Webpage, which acts as Busch

Garden’s Internet Ticket Terminal, and which is connected

to the Busch Gardens Onsite Ticket Kiosk System, was

defective, and hard to navigate, frustrating Plaintiff, and

aggravating Plaintiff’s Severe P.T.S.D. Stress Disorder, so

Plaintiff looked for a link somewhere for the disabled to

seek assistance.

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181. Plaintiff could find no links for the disabled to use

to seek assistance, and the Busch Gardens Webpage was so

complex, hard to navigate, and stressful for the disabled

with a severe Stress Disorder, that Plaintiff started

having an anxiety attack, and nerve related problems.

182. Plaintiff at last found the page to order the Busch

Gardens Meal Deals he needed, however when Plaintiff

clicked on the purchase button, the Busch Gardens Webpage

froze without providing Plaintiff the Meal Deal Tickets he

had purchased.

183. Plaintiff was unable to request any ADA assistance,

since the defective Busch Gardens Webpage had no links for

the disabled to seek assistance, and the webpage was

severely aggravating Plaintiff’s Disabilities.

184. Plaintiff’s health is so dire, that aggravating

Plaintiff’s Disabilities can kill the Plaintiff.

185. Plaintiff rebooted his computer, because of the

defective Busch Gardens Frozen Webpage, and when booted up

Plaintiff went to the Bank of America Website, and found

that the defective Busch Gardens Website had charged

Plaintiff’s Two Credit Cards to their maximum allowed

limit, charging the Plaintiff thirteen times for three Meal

Deals, effectively stealing over three hundred dollars from

the Plaintiff.

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186. Plaintiff would now be broke the next day and unable to

rent an electric wheelchair at Busch Gardens because of the

Busch Gardens Internet Kiosk Ticket System being defective,

and Busch Gardens intentionally not having any means for

the disabled with stress disabilities to seek assistance.

187. There is no reason SeaWorld Parks can’t have a “User

Friendly” Internet Ticket Kiosk System for the disabled

with stress disabilities, other than SeaWorld wanting to

obstruct the disabled from visiting SeaWorld’s Parks.

188. There is no reason SeaWorld could not provide a link on

their website for the disabled to contact an ADA Disability

Coordinator to receive assistance with problems, and/or

make Reasonable Disability Accommodation Requests.

189. SeaWorld’s Internet Ticket Sales System is an integral

part of an onsite based Ticket Kiosk System, and part of

the Busch Gardens Amusement Park, and therefore is a Public

Accommodation that is required by the ADA, and Florida’s

Civil Rights Act, to be ADA Accessible.

(H) On June 28, 2014 Busch Gardens Denied Plaintiff a Reasonable

Disability Accommodation Request to be Provided with an Electric

Wheelchair, Despite Busch Gardens having already Taken $300 from

the Plaintiff, and the Wheel Chair Only Costing $50

190. The Busch Gardens Defective Internet Site had maxed-

out Plaintiff’s Credit Cards, wrongly taking $300 of

Plaintiff’s money, actually stealing Plaintiff’s money, so

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on June 28, 2014 Plaintiff made a Reasonable Disability

Accommodation Request, at the Busch Gardens Customer

Relations Window at Busch Gardens in Tampa, Florida, asking

that Plaintiff be provided with an Electric Wheelchair

Rental, since Busch Gardens had stolen all of Plaintiffs

money.

191. Plaintiff stated that Busch Gardens could keep the $50

rental fee, out of Plaintiff’s $300 that Busch Gardens had

in their hands, and when Busch Gardens returned Plaintiff’s

money to him, only return $250 to Plaintiff, with Busch

Gardens keeping the $50 wheelchair rental money.

192. Plaintiff provided the Busch Gardens Customer Relations

Window printed records from Bank of America proving that

Plaintiff had been charged thirteen times by Busch Gardens

for three meal tickets, and had charged Plaintiff’s Credit

Cards over $300, until Plaintiff’s Credit Cards were maxed-

out and would not accept any more charges.

193. Plaintiff proved to Busch Gardens Customer Relations

that Busch Gardens had at least $300 of Plaintiff’s money

in their hands, that Busch Gardens could take the $50

wheelchair rental out of.

194. Plaintiff explained that Busch Gardens could confirm

that they had stolen $300 of Plaintiff’s money by having

Busch Gardens Customer Relations merely check Busch Gardens

OWN Computers.

-43-

195. Busch Gardens Customer Relations denied Plaintiff’s

Reasonable Disability Accommodation Request for an Electric

Wheelchair Rental.

196. Busch Gardens Customer Relations admitted Busch Gardens

had $300 of Plaintiff’s money in their hands, but they said

they would not authorize an Electric Wheelchair Rental

because “they did not have the authority to grant a

Reasonable Discrimination Accommodation Request”.

197. Busch Gardens Customer Relations implied that they were

not going to not return the $300 they had stolen from

Plaintiff, and stated that unless Plaintiff could somehow

come up with $50 more to pay for the rental, that he could

not get a wheelchair rental.

198. Busch Gardens Customer Relations stated that Busch

Gardens did not accept Reasonable Disability Accommodation

Requests and that all they were required to do was provide

the disabled a disability quick pass like paper to skip

ride lines.

199. Busch Gardens Customer Relations was not trained in the

requirements of the ADA and stated that the only disability

they accepted was people in wheelchairs and stated that all

Busch Gardens was required to do was provide some

wheelchair access in their park.

200. Busch Gardens Customer Relations stated that they had

never heard of Florida’s Civil Rights Act prohibiting

discrimination against the disabled.

-44-

201. Busch Gardens Customer Relations stated that they did

not have to provide Reasonable Disability Accommodations

for Disabled Military Veterans with severe P.T.S.D.

202. Plaintiff explained to Busch Gardens Customer Relations

that he could not walk, and could not access the park

without a wheelchair, and Busch Gardens Customer Relations

told Plaintiff “If you can’t walk you will just have to

crawl, won’t you?”

203. Since Plaintiff’s daughter had brought a friend, and

Plaintiff’s Daughter was so excited about visiting Busch

Gardens for her graduation present, the Plaintiff tried to

enter Busch Gardens, unable to walk by having his wife, and

daughter, almost carry him a few feet at a time, as

Plaintiff kept trying to find places to sit down and rest.

204. Despite his wife, and daughter trying to help him walk,

the Plaintiff fell down before he even made it to the first

restrooms, and Plaintiff skinned his hands, and arms,

because he used them trying to break his fall on the

cement, and then Plaintiff sat down, with his arms

bleeding, as Plaintiff tried to catch his breath, before

entering the restroom to clean up the blood.

205. It took Plaintiff nearly an hour to make it to the

Moroccan Palace, which is a short distance from the Busch

Gardens Entry Gate, with his wife, and daughter, half

carrying him.

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206. Plaintiff sat down in seats that were across from the

front of the Palace, and Plaintiff told his wife, daughter,

and his daughter’s friend to go ride rides while Plaintiff

sat there.

207. Plaintiff spent a couple of hours sitting and started

having heart pains, and was having nerve, and anxiety

problems from not having his Service Animals with him.

208. Plaintiff trying to bear Busch Gardens as long as he

could because he didn’t want his wife, and daughter to

suffer because of Plaintiff being a Disabled Veteran but

when they started leaving Plaintiff kept getting dizzy, and

was having trouble breathing, and kept almost blacking out,

and Plaintiff fell down again trying to make it to the

Busch Gardens Exit, and this time Plaintiff not only hit

his already scraped up arms, but hit his left knee really

hard, causing a large injury.

209. Plaintiff was sick all the way home, and sick for at

least a week after returning home, because Busch Gardens

had refused to grant his disability request for an Electric

Wheel Chair, despite Plaintiff clearly paying for one.

(I) On August 16, 2014 Busch Gardens Refused to Comply with

Florida Law, and the U.S. Department of Justice Regulations for

Service Animals and Denied Plaintiff His Reasonable Disability

Accommodation Request to Be Allowed Service Animals

Substantially Harming Plaintiff

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210. Plaintiff contacted Busch Gardens Customer Service, the

President of Busch Gardens, and the CEO of SeaWorld seeking

a Reasonable Disability Accommodation Request to bring his

two Small Service Animals to Busch Gardens, and asking

SeaWorld to comply with the United States Department of

Justice Regulations, and Requirements for Service Animals,

and Florida Law, F.S. 413.08(2), (3), and (4).

211. Busch Gardens Customer Service was untrained in

providing assistance to the disabled, and had no idea what

the Americans with Disabilities Act, or what the U.S.

Department of Justice Regulations for Service Animals were,

or what a Service Animal is, and had no knowledge of the

requirements of Florida Law, F.S. 413.08(2), (3), and (4)

and therefore Arbitrarily, and Capriciously, decided that

Service Animals are actually Emotional Support Dogs if a

person has P.T.S.D., and denied Plaintiff’s Request.

212. The President of Busch Gardens, and CEO of SeaWorld,

being fully aware of the legal requirements of the U.S.

Department of Justice Regulations for Service Animals, and

the requirements of Florida Law, F.S. 413.08(2), (3), and

(4), with the intent to Obstruct the Disabled from the same

enjoyment of SeaWorld Parks the non-disabled enjoy, denied

Plaintiff entry to Busch Gardens with his Service Animals.

213. The President of Busch Gardens, and CEO of SeaWorld,

knew Plaintiffs two small dogs are Service Animals,

pursuant to both Federal, and State Law, and violated U.S.

Department of Justice Regulations, and F.S. 413.08(2), (3),

and (4), denying Plaintiff entry to Busch Gardens with his

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Service Animals, because of the stigma that having the

disabled in their park(s) brings to the festive atmosphere

at their Amusement Park(s).

214. Plaintiff’s wife, and daughter, are fans of the All

American Rejects, which were appearing at Busch Gardens,

and wanted to see them really bad, but were obstructed

because of Plaintiff being a 100% Service-Connected

Disabled Veteran, who enlisted, and asked for combat

service to protect this country, and due to the massive

hostility directed towards 100% Service-Connected Disabled

Veterans by the President of Busch Gardens, and the CEO of

SeaWorld, and their “Hostile Policies” towards 100%

Service-Connected Disabled Veterans needing wheelchairs,

and Service Animals.

215. Not wanting to have his family constantly suffer

because of his military service Plaintiff decided to visit

Busch Gardens on August 16, 2014 without his Service-

Animals, and an Electric Wheelchair by trying to get to the

concert area with his VA Issued Walker.

216. Plaintiff had to visit Busch Gardens without his

Service Animals because Busch Gardens Customer Service, the

President of Busch Gardens, and CEO of SeaWorld decided to

violate the U.S. Department of Justice Regulations for

Service Animals, which requires a Public Accommodations to

ask ONLY two questions if there is any doubt about Service Animals (1) Is the dog a Service Animal required because of

a disability and (2) What work or task has the dog been

trained to do.

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217. Busch Gardens Customer Service, the President of Busch

Gardens, and CEO of SeaWorld all refused to comply with

U.S. Department of Justice Regulations and refused to ask

those two (2) authorized questions.

218. On a prior visit on June 28, 2014 Busch Gardens

Customer Service, the President of Busch Gardens, and CEO

of SeaWorld had made it clear that they would not rent an

Electric Wheelchair to Plaintiff, because of Plaintiff’s

ADA Complaints, and Plaintiff’s ongoing requests for

Reasonable Accommodations, so Plaintiff could enjoy Busch

Gardens the same as the Non-disable do, so Plaintiff

knowing he could not rent a wheelchair took his VA Issued

Walker to try to get to the concert area on August 16,

2014.

219. The distance to the concert area was too far for

Plaintiff’s Disabilities, so Plaintiff had his family help

him back to his car, and Plaintiff left Busch Gardens,

being unable to enjoy the concert, and being denied the

same enjoyment of Public Accommodations at Busch Gardens

the non-disabled enjoy, solely because of his disabilities,

and the refusal of SeaWorld, and Busch Gardens, to abide by

the U.S. Department of Justice Guidelines for Public

Accommodations, and Florida Law protecting the disabled

from discrimination.

220. Plaintiff is simply medically unable to visit Busch

Gardens without his Service Animals, and being allowed to

rent an Electric Wheelchair, because of the massive

distances at Busch Gardens, and the large crowds

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aggravating Plaintiff’s Stress Disorder, which is too much

to bear without Service Animals, which calm Plaintiff

during anxiety Attacks.

(J) Ongoing Violations of the ADA, and Florida Civil Rights Act,

by SeaWorld Parks from June 28, 2014 to the Present

221. From June 28, 2014 to the present the Plaintiff has

been denied access to SeaWorld’s Parks because of his

disabilities, and the ongoing refusal of the President of Busch Gardens, and the CEO of SeaWorld Parks, to comply

with the U.S. Department of Justice Guidelines for Public

Accommodations, the U.S. DOJ Regulations for Service

Animals, and Florida Law, F.S. 413.08(2), (3), and (4).

(K) The Ongoing Policy of SeaWorld Parks to “Target” and

Discriminate Against America’s Disabled Veterans with P.T.S.D.

222. Plaintiff, and America’s Disabled Veterans, with

unique, or severe P.T.S.D. are wrongfully excluded from the

Busch Gardens Accessibility Guide and have no “Meaningful”

process to make Reasonable Disability Accommodation

Requests to SeaWorld, which effectively denies those who

served this country, and returned wounded, and disabled,

all “Meaningful” Access to SeaWorld’s Parks.

223. With such a large population of Disabled Veterans in

Florida, and with SeaWorld’s Public Accommodations being

tourist Attractions, with many Disabled Veterans from other

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states visiting, it is of Great Public Importance that SeaWorld’s Parks start training its employees, as to the

Requirements of the ADA, and Florida Civil Rights Act, and

that SeaWorld stop its Policy of Hate, and Blatant

Discrimination, against America’s Disabled Veterans.

(L) The Policy of SeaWorld to Bribe Florida State Officials in

Return for “Favoritism” by the Florida Commission on Human

Relations, and the Fixing of Disabled Discrimination Complaints

by Victims, to Cover-Up Discrimination Against the Disabled by

SeaWorld, Violates the ADA

224. The Disabled are entitled to an impartial, fair, honest

process when they make a Disability Discrimination

Complaint pursuant to the ADA, or Florida’s Civil Rights

Act.

225. The Florida Commission on Human Relations is Florida’s

State Agency entrusted with enforcing the rights of the

disabled in Florida pursuant to Florida’s Civil Rights Act.

226. The Florida Commission on Human Relations is a Quasi-

Judicial Agency that must be utilized by a Disability

Discrimination Victim prior to the victim filing a

Disability Discrimination lawsuit in Court.

227. Florida State Agencies respond to businesses, and/or,

the people of Florida, including Discrimination Victims,

based on “Donation-Bribes” to Governor Rick Scott.

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228. SeaWorld donated thirty thousand dollars ($30,000) for

the re-election of Governor Rick Scott, and in return

references to SeaWorld that were taken off the Internet

Website of the Florida Department of Education, were

returned to that website, and the Florida Commission on

Human Relations invoked a “Policy” of harassing the

disabled that filed Disability Discrimination Complaints

against SeaWorld Park, and started wrongly “fixing” those

victim Complaints in favor of SeaWorld.

229. Governor Rick Scott makes sure that Florida’s Agencies

are all controlled by cronies of Governor Scott, so that

Governor Scott can in essence “sell” the control of state

agencies, to those that make substantial donations to

Governor Scott.

230. The intent of SeaWorld’s thirty-thousand dollar

($30,00) Political Donation-Bribe to Governor Scott was to

wrongly influence State Agencies and pay Governor Scott to

discriminate against the disabled.

231. SeaWorld knew that Governor Rick Scott had packed

Florida’s State Agencies with Political Cronies he

controlled, so that Corporations that wanted to bribe those

State Agencies would have to disguise their bribes as

“Political Donations” to Governor Rick Scott, and/or to the

Florida Republican Party.

232. Florida Statute 760.03(2) governs the appointment of

Commissioners on the Florida Commission on Human Relations.

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233. Florida Statute 760.03(2) states “The members of the

Commission must be broadly representative of various

racial, religious, ethnic, social, economic, political, and

professional groups within the state; and at least one

member of the commission must be 60 years of age or older”.

234. It was the clear intent of the Florida Legislature that

members of the Commission on Human Relations represent all

the people of the State of Florida and be independent from

politics, and not under the control of the governor’s

office, or Corporations that make large “donation-bribes”

to the governor.

235. The Commissioners on the Florida Commission on Human

Relations are not diverse, as required by F.S. 760.03(2),

but instead are very political, and most, if not all, are

active Republicans, cronies of Governor Rick Scott,

wealthy, or at least very well off, and extremely Pro

Corporation, and bias against the working, or poor classes,

that are disabled.

236. The blatant violation of F.S. 760.03(2) by Governor

Rick Scott’s Administration denies the disabled in Florida,

including Plaintiff, the protections of Florida’s Civil

Rights Act, and substantially discriminates against the

disabled in direct violation of the ADA, denying the

disabled “Meaningful” Access to the State Agency, the

Florida Commission on Human Relations because of their

being in the “Disabled” class.

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237. The disabled are entitled to the same treatment by the

FCHR that Corporations, and those that bribe Governor Rick

Scott receive.

(M) Blatant Discrimination Against the Disabled by the Florida

Commission on Human Relations in Direct Violation of the ADA

238. The Florida Commission on Human Relations exhibits an

extremely strong bias against Florida’s Disabled that file

Florida Civil Rights Act Discrimination Complaints against

Corporations by posting ads on the FCHR Public Website

bragging about how the FCHR saves Corporations millions of

dollars by denying Disability Discrimination Complaints by

the general public against Corporations.

239. The FCHR strongly implies on their Internet Website

that if a citizen files a Disability Discrimination

Complaint against a Corporation the FCHR will save the

Corporation substantial amounts of money by ruling against

the disabled.

240. The Florida Commission on Human Relation’s Ads on its

website demonstrate a strong bias against the disabled and

make a mockery of the ADA, and Florida’s Civil Rights Act,

since the FCHR is a Quasi-Judicial Agency that the disabled

are required by statute to utilize prior to filing a

lawsuit.

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241. Plaintiff, Billy Kidwell, filed a timely Disability

Discrimination Complaint with the Florida Commission on

Human Relations against Busch Gardens, making the

Commission fully aware that Plaintiff is deathly ill, and

has a severe stress disorder, and cannot stand stress, and

would need Reasonable Accommodations, and fair, honest

treatment to avoid aggravating Plaintiff’s Disabilities.

242. Discrimination Victims are intimidated by the FCHR and

told that “The making or giving of a false statement in an

FCHR Proceeding is punishable under sections 837.12,

837.021 or 837.06 Florida Statutes”.

243. While the FCHR tells America’s ADA Qualified Disable

Veterans that it is a Criminal Offense to lie to the FCHR,

the FCHR very actively encourages Attorneys for Corporations, and Corporations that “donate to Florida

Governor Scott”, to knowingly, and intentionally, violate

Sections 837.12, 837.021 or 837.06 Florida Statutes, and to

suborn, and commit Perjury.

244. The very bias, Corporation-Friendly, Florida Commission

on Human Relations is so prejudiced against Disabled

American Veterans, with P.T.S.D. Stress Disorders, that it

encouraged SeaWorld to target Plaintiff, Billy Kidwell’s

P.T.S.D. Disability, and intentionally commit wrongful acts

to aggravate Plaintiff’s Disabilities, in an effort to try

to force Plaintiff to abandon his extremely meritorious

Discrimination Claims against SeaWorld.

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245. SeaWorld’s Attorney, Kathleen A. Liever, in a scheme

with SeaWorld’s Corporate Officers, targeted Plaintiff’s

P.T.S.D. and although it had absolutely nothing to do with

Plaintiff’s Disability Discrimination Allegations,

SeaWorld, with the intent to wrongly massively increase

litigation before the Commission, harass the Plaintiff, and

target, and intentionally aggravate Plaintiff’s P.T.S.D.

Disability, filed a Blatantly Frivolous Dishonest Response,

that had absolutely nothing to do with Plaintiff’s

Disability Discrimination Allegations.

246. First SeaWorld’s Attorney, Kathleen A. Liever, in a

scheme with SeaWorld’s Corporate Officers, fraudulently

claimed that Plaintiff was abusing the Discrimination

Complaint Process before the FCHR because Plaintiff

divorced his wife nearly thirty (30) years ago.

247. SeaWorld’s Attorney, Kathleen A. Liever, in a scheme

with SeaWorld’s Corporate Officers then claimed Plaintiff

was abusing the Disability Complaint process because

Plaintiff had Traffic Tickets nearly thirty years ago that

Plaintiff was found not guilty of.

248. SeaWorld’s Attorney, Kathleen A. Liever, in a scheme

with SeaWorld’s Corporate Officers claimed the Plaintiff

was abusing the Disability Complaint System because

Plaintiff filed suit when his daughter’s defective toy,

that had been recalled by the United States Government for

causing the death of kids, nearly cut Plaintiff’s

Daughter’s Finger off.

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249. It should be noted that this Court Appointed Counsel

for Plaintiff’s Minor Child, and approved a Settlement this

Court said in a Court ORDER was appropriate, and fair, therefore SeaWorld has no standing, or lawful reason to

complain, or to harass Plaintiff for filing the lawsuit,

and intentionally aggravate Plaintiff’s extremely severe

P.T.S.D. Stress Disability.

250. SeaWorld’s Attorney, Kathleen A. Liever, in a scheme

with SeaWorld’s Corporate Officers, intentionally

aggravated Plaintiff’s Stress Disability by fraudulently

claiming Plaintiff abused the process before the FCHR by

filing suit in this Court when Plaintiff’s Wife, Tana

Kidwell, was sexually assaulted, and sexually harassed, at

work some nineteen (19) years ago.

251. It should be noted that all the eye witness for the

School System admitted Plaintiff’s Allegations were true,

and that this Court wisely encouraged Settlement, which

resulted in a Substantial Settlement that this Court stated

in a Court ORDER was appropriate, and fair.

252. Again SeaWorld’s Attorney, Kathleen A. Liever, and

SeaWorld’s Corporate Officers, have no standing, nor lawful

reason, to contest this Court’s Final Judgment ORDER and fraudulently claim that Plaintiff is abusing the system,

when this Court has personal knowledge of the facts, and

all parties, including this Court, found the lawsuit, and

Settlement, to be appropriate, and fair.

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253. SeaWorld’s Attorney, Kathleen A. Liever, in a scheme

with SeaWorld’s Corporate Officers SeaWorld, harassed

Plaintiff for exercising his Fundamental Constitutional

Right(s) to access this Court when he was wronged, and his

right to divorce, and drive his car, knowing that Plaintiff

has a severe P.T.S.D. Stress Disorder, and knowing their

wrongful conduct would aggravate Plaintiff’s Stress

Disorder, cause Plaintiff massive amounts of work, that

would not have been necessary if SeaWorld wasn’t

intentionally harassing the Plaintiff, in a scheme to

aggravate Plaintiff’s P.T.S.D. Stress Disorder to force

Plaintiff to forgo his extremely meritorious Complaint

before the FCHR.

254. Plaintiff complained to the Executive Director, to each

Commissioner, and to General Counsel for the FCHR by making

a Formal Reasonable Disability Accommodation Request for

the FCHR to provide Plaintiff “Low Stress Access” to their

agency, which is required by Title II of the ADA when an

ADA Qualified Individual, like Plaintiff, needs such an

accommodation to have “Meaningful” Access to their State

Agency.

255. Plaintiff asked that the Commission provide “Low

Stress” by treating all parties equally, and stopping its

hostility towards the Disabled, and it massive favoritism

for Corporations, that all parties be subject Florida

Statutes 837.12, 837.021 or 837.06.

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256. Plaintiff requested that the Commission address only

matters related to Plaintiff’s Discrimination Allegations

and not harass Plaintiff for a divorce over twenty (20)

years ago, or harass Plaintiff for his daughter cutting her

finger nearly off on a defective toy, or harass Plaintiff

for his wife getting sexually harassed at work nineteen

(19) years ago, or harass Plaintiff for traffic tickets the

Plaintiff was found NOT GUILTY of, or any of the other nonsense, equally frivolous, being used by SeaWorld, and

the Commission, for the sole purpose of harassing the

severely disabled Plaintiff, and aggravating his P.T.S.D.

Disability, using Plaintiff’s Stress Disability to OBSTRUCT Plaintiff’s access to the Florida Commission on Human

Relations.

257. The Executive Director, and each Commissioner, of the

Florida Commission on Human Relations refused to even

respond to Plaintiff’s ADA Title II Reasonable Disability

Accommodation Requests in direct violation of Title II.

258. The General Counsel for the FCHR responded to the

effect that the Florida Commission on Human Relations,

which was granted the authority by Florida Statute to

enforce the Florida Civil Rights Act, somehow does not have

the authority to require all parties to be honest, or the

authority to treat all parties equal, or the authority to

require that the disabled appearing before the Florida

Commission on Human Relations not have their disabilities

targeted, and be harassed with frivolous allegations about

traffic tickets, past divorces, and other such nonsense.

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259. The General Counsel for the FCHR presented the view

that although the FCHR is a State Agency that it is not

covered, or subject to, Title II of the Americans with

Disabilities Act.

260. Because of the view by the FCHR that it is not subject

to the ADA, or ADA Regulations set by the Attorney General,

and U.S. Department of Justice, the Commission refused to

abide by the Regulations set forth by the Attorney General

of the United States as to Service Animals and stated that

the FCHR REQUIRES a Medical Certification Form to be signed

by a Medical Professional before the State of Florida will

consider a dog trained to work, and perform tasks for the

disable a Service Animal.

261. The requirement that a Service Animal must have a

Medical Certification Form, signed by a Medical

Professional, violates Florida OWN Laws as to Service

Animals. [See F.S. 413.08(2)(d).]

262. The FCHR is clearly a State Agency subject to Title II

and it is a direct violation of Title II for the Florida

Commission on Human Relations to require a Service Animal

to have a Medical Certification Form, signed by a Medical

Professional.

263. The FCHR received Affidavits from SeaWorld that were,

on their face, clearly Perjured in that one Affidavit by a

SeaWorld Employee stated that SeaWorld only made three

charges to Plaintiff’s Credit Card for Meal Deals on June

27, 2014 while attached to the document was Plaintiff’s

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Official Bank of America Credit Card Records proving that

thirteen (13) charges had been made to two of Plaintiff’s

Credit Cards maxing them out.

264. The FCHR received a second Perjured Affidavit from

SeaWorld Attorney, Kathleen A. Liever, fraudulently stating

that the Busch Gardens Tickets of Plaintiff, and his family

were canceled because Busch Gardens only had records of one

credit card for the Plaintiff and it declined charges.

265. In the same exact envelope with the Perjured Affidavit

in the paragraph above SeaWorld Attorney, Kathleen A.

Liever, enclosed Official Bank of America Records of

Plaintiff proving that SeaWorld had records of at least two

(2) Credit Cards for Plaintiff, and SeaWorld had charged at

least two (2) credit cards of Plaintiff, and therefore the

SeaWorld Employee was knowingly committing Perjury when he

stated that SeaWorld only had records of one of Plaintiff’s

Credit Cards.

266. Plaintiff complained to the FCHR about the clear,

indisputable intentional Perjury by SeaWorld and the FCHR

refused to take any action, including even refusing to not

use the Perjured Affidavits in their decision making

process.

267. The FCHR is so prejudged against Florida’s Disabled

Veteran Victims of Disability Discrimination that it

knowingly uses Perjured Affidavits suborned by SeaWorld, to

fix decisions for Corporations.

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268. Florida State Agencies use another State Agency, to

certify disabilities of Veterans, the Florida Department of

Veterans Affairs, which has full access to all of

Plaintiff’s Federal VA Files, including Plaintiff’s VA

Medical Files.

269. The Florida Department of Veterans Affairs was asked

recently, by the Florida Department of Education, to review

Plaintiff’s VA Claim File and certify Plaintiff as being

Permanently, and Totally Disabled with P.T.S.D. from Combat

for Plaintiff’s Daughter’s request for a State Educational

Grant.

270. The Florida Department of Education certified Plaintiff

to be 100% Service-Connected, and Permanently, and Totally

Disabled with severe P.T.S.D. for at least the past thirty

(30) years.

271. It is well-settled in the law that Disabled Military

Combat Veterans with severe P.T.S.D. from combat, need, and

are treated best, with P.T.S.D. dogs.

272. The United States Government has accepted this well-

settled law, and actually specifically wrote in the

Attorney General Regulations, and the ADA Service Animal

Rules posted on the U.S. Department of Justice Website that

“A Service Animal is a dog trained to calm a person with

Post Traumatic Stress during an Anxiety Attack” as

Plaintiff’s dogs do.

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273. The FCHR intentionally violated F.S. 760.11(3) and

refused to issue a decision within 180 days authorizing

Plaintiff to file suit in Court.

274. 310 days after Plaintiff filed his Complaint a very

hostile FCHR Michelle Wilson intentionally lied and issued

a decision stating that “Complainant did not provide

documentation sufficient to substantiate that he suffered

the disability he claimed required the presence of the

service dogs”.

275. For Florida Commission on Human Relations Director,

Michelle Wilson to blatantly, intentionally, lie and state

in a judgment that Plaintiff did not prove he has P.T.S.D.

is so far beyond honest that it proves how very corrupt,

bribed, and dishonest the FCHR is towards America’s

Disabled Veterans that file Complaints against Corporations

that donate large sums of money to her crony, Governor Rick

Scott.

276. Plaintiff offered the FCHR full access to forty-Six

Years of his VA Medical Records by means of the Florida

State Agency, the Florida Department of Veterans Affairs,

which has told Plaintiff, in writing, that it certifies

Veterans Disabilities for other state agencies in Florida.

277. Plaintiff submitted to the FCHR as proof of his severe

P.T.S.D. a Personal Letter from President Bill Clinton

stating that President Clinton was happy he helped

Plaintiff get 100% Service-Connected Benefits for P.T.S.D,

Plaintiff submitted to the FCHR a copy of his U.S.

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Department of Veterans Affairs Award Letter, a copy of

Plaintiff’s Social Security Award Letter, a copy of the

Report by the Surgeon General of the United States finding

Plaintiff “severely disabled and unable to work because of

P.T.S.D. from combat”, a copy of the Judgment of Social

Security Administrative, a copy of the Judgment of the

United States Court of Appeals for Washington D.C. finding

Plaintiff severely disabled from P.T.S.D., a copy of Social

Security Administrative Law Judge Farr in Lexington,

Kentucky finding Plaintiff completely, and Permanently

disabled from severe P.T.S.D. since the date of Plaintiff’s

Army Discharge on October 8, 1970, a copy of Plaintiff’s

United States Department of Defense Form DD 2765 proving

Plaintiff is totally, and Permanently disabled with

P.T.S.D., a copy of the e-mail from the Florida Department

of Veterans Affairs confirming it certified Plaintiff 100%

Service Connected, and Totally, and Permanently Disabled

with P.T.S.D. to the Florida Department of Education,

yellow Florida Lifetime Permanent and Total Disabled

Fishing Permit, and the new white new Florida Total and

Permanent Disabled Fishing License where the State of

Florida found Plaintiff Permanently Disabled with P.T.S.D.,

a picture of Plaintiff’s Disabled Veteran Car License

Plates where Florida Certified Plaintiff Permanently, and

Totally Disabled with P.T.S.D., and a copy of the county

letter where Charlotte County Taxing Authority found

Plaintiff Permanently, and Totally Disabled with P.T.S.D.

and immune from home taxes.

278. For the Executive Director of the Florida Commission on

Human Relations to knowingly, and intentionally, lie with

such a massive amount of evidence proving the director is

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intentionally lying, proves that access to that State

Agency is a complete farce for ADA Qualified Disabled

Veterans, like Plaintiff, violating the right of the

disabled to honest treatment like the non-disabled receive

from Florida’s State Agencies.

279. Further, such intentionally blatant lies by the

Executive Director to Disabled Veterans with severe Stress

Disorders causes massive undue stress, aggravating their

disabilities in direct violation of Title II of the ADA.

280. The Supreme Court of Florida in Woodham v. Blue Cross

and Blue Shield of Florida, 829 So.2d 891 (Fla 2002)

authorizes Plaintiff to file suit seeking damages,

including Punitive Damages, for violations of Florida’s

Civil Rights Act.

VI. RELIEF

1. Plaintiff demands judgment that the conduct of Defendants,

as described herein, violated the Americans with

Disabilities Act, and the Florida Civil Rights Act.

2. Plaintiff seeks judgment that SeaWorld, Busch Gardens, and

their Internet Web Pages that are part of their onsite

Ticket Systems are Public Accommodations subject to Title

III of the Americans with Disabilities Act.

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3. Plaintiff seeks judgment that the State Agency, the Florida

Commission on Human Relations is a Public Entity subject to

Title II of the Americans with Disabilities Act.

4. Plaintiff seeks a Court ORDER requiring SeaWorld to make

their Internet Web Pages Handicapped Accessible, and to

specifically provide a link to a trained Disability

Coordinator the disabled can make Reasonable Disability

Accommodation Requests to.

5. Plaintiff seeks a Court ORDER requiring Defendants to fully

comply with the U.S. Department of Justice Regulations for

Service Animals.

6. Plaintiff seeks a Court ORDER to Prohibit the FCHR from

writing its own laws, by requiring the disabled to submit a

Medical Certification Form, signed by a Medical

Professional in order for the FCHR to accept an animal as

being a Service Animal.

7. Plaintiff seeks a Court ORDER requiring SeaWorld to comply

with U.S. Justice Department ADA Regulations and allow

Plaintiff entry into their parks with his Service Animals,

since SeaWorld has provided no reason authorized by the ADA

that they should not be allowed.

8. Plaintiff seeks a Court ORDER for SeaWorld to stop making

their parks inaccessible to the disabled by being Cost

Prohibitive as a result of discretionary practices, and for

SeaWorld to not charge the disabled for services, and

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rides, SeaWorld has no intent of providing, and for

SeaWorld to charge a “fair” price for Electric Wheelchair

Rentals.

9. Although it is hard to put a price tag on being denied

entry to Busch Gardens because of his disabilities, an

extremely modest amount is Plaintiff seeks the amount of

$1,000 from Busch Gardens for each day from June 27, 2014

to the day Busch Gardens re-instates Plaintiff, and his

family’s Busch Gardens Tickets.

10. Plaintiff seeks the amount of $100,000 for the public

embarrassment of having to at times crawl, and be carried,

into Busch Gardens, and getting sick, and injured, because

Busch Gardens refused to rent Plaintiff a wheelchair,

despite Busch Gardens having at least $300 of Plaintiff’s

money.

11. Plaintiff seeks a Court ORDER for Busch Gardens to stop

targeting, and discriminating against America’s Disabled

Veterans, and specifically for SeaWorld to provide trained

Disability Coordinators, that have read the handy pamphlets

provided to Public Accommodations by the United States

Department of Justice, explaining the requirements of Title

II of the ADA.

12. Plaintiff seeks a Court ORDER requiring the Florida State

Agency, the FCHR, to start complying with the Title III of

the ADA.

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13. Plaintiff seeks a Court ORDER requiring the State Agency

to comply with Florida Law and have diverse Commissioners

that do not have strong ties to Governor Rick Scott, or to

the Florida Republican Party.

14. Plaintiff seeks a Court ORDER for the FCHR to stop

discriminating against the disabled and to provide a fair,

honest process, treating all parties equal.

15. Plaintiff seeks a Court ORDER for the FCHR to comply with

Title III and provide a Disability Coordinator to consider,

and grant Reasonable Disability Accommodation Requests.

16. Plaintiff seeks a Court ORDER for the FCHR to stop giving

preferred treatment to Corporations that make political

donations to Governor Rick Scott, and to specifically stop

fixing cases for those corporations.

17. Petitioner seeks for the FCHR to admit it was dishonest on

Plaintiff’s case, and specifically admit that Plaintiff

provided overwhelming, massive, indisputable, evidence of

his Severe P.T.S.D. Disorder.

18. Petitioner seeks a Court ORDER explaining to the FCHR

that, like all other State Agencies, the FCHR does have to

fully comply with Title III of the ADA and not terrorize

America’s Disabled Combat Veterans for being disabled.

19. Plaintiff seeks all money damages he is entitled to from

the F.C.H.R.

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20. Plaintiff seeks any and all other damages he is entitled

to.

Respectfully submitted,

________________________ May 25, 2016

Billy Kidwell, Pro Se