[tabi] Re: Question & answer about motel and service dogs

  • From: "Joe Plummer" <joeplummer@xxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Fri, 23 Apr 2010 14:01:36 -0400

Well, there is nothing in the ADA or the law saying you can or cannot. Now
most places has their own policeys weather in writing or just verbal. They
can say extra for the dog not as like a extra person. But maybe as extra
cleaning, or even a damage deposit. Now as a deposit you should get your
money back if the dog has not done any damage. Now I have not ran in to this
but do not do a lot of staying in rooms. But if I had this kind of business
I would more than likely consider Extra for the dog for the extra cleaning
and more than likely a deposit on top for damage if any happen to happen .
But this my thoughts. Not everyone takes care of their service dog like they
should and all are not the best mannered. 

Sign,
JP ( Joe Plummer)
joeplummer@xxxxxxx

-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf
Of Lighthouse of the Big Bend
Sent: Friday, April 23, 2010 1:35 PM
To: tabi
Cc: fcb-l
Subject: [tabi] Question & answer about motel and service dogs

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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