[tabi] Question & answer about motel and service dogs
- From: Lighthouse of the Big Bend <lighthousebigbend@xxxxxxxxx>
- To: tabi <tabi@xxxxxxxxxxxxx>
- Date: Fri, 23 Apr 2010 13:35:01 -0400
Thought some folks might find this interesting... although many may
already know it : )
---------- Forwarded message ----------
Subject: Question & answer about motel and service dogs
A friend of mine who does training at Hilton Hotels tells me that it
is illegal to charge extra for a service dog staying in a hotel? I
have been charged extra for my dog as we travel at motels by about 15
dollars a room for the dog. There is no problem with getting her in
the room - but my friend said that they can only charge if the dog
does something in the room then that is fine. Their policy for pets
staying in the room is $15 a night extra. This was new to me and I
told her I could not recall reading anything about this under title
II.
Could you clarify this for me?
Thanks
.....
Answer:
Hotels are covered by title III, not title II. (Places of public
accommodation - title III vs. programs and services of state or local
governments (title II).
The issue you raise concerns an unlawful surcharge.
See http://www.ada.gov/qasrvc.htm , question 7:
7. Q: Can I charge a maintenance or cleaning fee for customers who
bring service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an
individual with a disability as a condition to allowing a service
animal to accompany the individual with a disability, even if deposits
are routinely required for pets. However, a public accommodation may
charge its customers with disabilities if a service animal causes
damage so long as it is the regular practice of the entity to charge
non-disabled customers for the same types of damages. For example, a
hotel can charge a guest with a disability for the cost of repairing
or cleaning furniture damaged by a service animal if it is the hotel's
policy to charge when non-disabled guests cause such damage.
Marc Dubin, Esq.
Director of Advocacy
Center for Independent Living of South Florida www.ADAadvocacyBlog.org
mdubin@xxxxxxxxx 305-896-3000 mobile
fax: 877-731-3030
www.cavnet.org
EIN: 52-2117529
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