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

  • From: "Darla J. Rogers" <djrogers0628@xxxxxxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Thu, 6 May 2010 18:09:31 -0400

Joe,

This document only speaks about service animals with regard to the ADA. Many states have since passed laws providing more protection for the handlers of service animals.

I want to know how you are going to pay a deposit that cannot legally be demanded?

Darla



Darla J. Rogers, B.A. Social Science; M.S. Rehabilitation Counselor Education

djrogers0628@xxxxxxxxxxx

Home phone #:  850-329-7437
Cell #:  850-443-3571

Skype ID: wildflower0628
I suited up for the long walk back to myself...
....Ani DiFranco

----- Original Message ----- From: "Easy Talk" <easytalk@xxxxxxxxxxxxx>
To: <tabi@xxxxxxxxxxxxx>
Sent: Sunday, May 02, 2010 3:10 PM
Subject: [tabi] Re: Question & answer about motel and service dogs


happy reading.

TIPS: Technical Information Perspectives and Solutions (TIPS)-April 2008
SERVICE ANIMALS
Copyright © 2008
The DBTAC: Southeast ADA Center (Southeast DBTAC) publishes a variety of TIPS intended to provide accurate information on issues and concerns related to the Americans with Disabilities Act (ADA) for information specialists, advocates, business owners, government agencies, managers, and the general public. The examples used in these TIPS are based on actual questions received by the Southeast DBTAC, and are designed to strengthen the capacity of those who provide information and technical assistance to help others achieve effective compliance with the ADA. This TIPS reflects the best professional judgment of the Southeast DBTAC staff and its regional affiliate network and has not been reviewed for accuracy by federal enforcement agencies. If you have questions or suggestions about the TIPS, email the Southeast DBTAC at sedbtacproject@xxxxxxxxxxxx
Copyright Permission
For copyright permission, email the Southeast DBTAC at sedbtacproject@xxxxxxxxxxxx Organizations may reproduce this fact sheet for non-commercial use provided they
acknowledge the
Southeast DBTAC as the copyright owner and include the following credit statement: Reprinted from the DBTAC: Southeast ADA Resource Center website at www.sedbtac.org. Under the Americans with Disabilities Act (ADA), a qualified individual with a disability who uses a service animal must be allowed to bring the service animal to any place of employment, business, and state or local government facility or program.
What is a Service Animal?
According to Department of Justice (DOJ) regulations, a service animal is any guide dog, signal dog, or other animal individually trained to do work or perform tasks
for the benefit of an individual with a disability.
Besides dogs, many kinds of animals can be service animals if they meet this definition. Such animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service animals are
not considered pets.
What about Therapy Animals?
Therapy animals provide people with contact to animals, but are not limited to working with people who have disabilities, and usually are not considered service animals. They ordinarily are the personal pets of their handlers, and work with their handlers to provide services to others. Federal law does not require places of public accommodation
to modify "no pets" policies for therapy animals.
Is Documentation Required?
An individual does not need to provide documentation regarding his/her need for a service animal. The ADA generally prohibits covered entities from directly asking a person if s/he has a disability. If, however, the need for the service animal is not apparent, the entity may ask what tasks the animal performs and whether the animal
is required because of a disability.
Can fees be charged for service animals?
Covered entities may not charge deposits or surcharges for allowing a service animal to accompany an individual with a disability, even if deposits are normally required for pets. However, individuals with disabilities may be charged for damage caused by their service animal, so long as the entity regularly charges individuals without
disabilities for the same damages.
Are there Circumstances When a Service Animal Can Be Excluded?
A service animal may be excluded when the animal's behavior poses a direct threat to the health or safety of others. For example, a service animal that displays vicious behavior towards other guests or customers may be excluded. However, assumptions may not be made about how a particular animal is likely to behave based on past experience
with other animals. Each situation must be considered individually.
In some instances, the presence of a service animal may conflict with other interests. A California plaintiff sued a ferry company who refused to allow her service animal into a specific area of the ferry. The ferry company based its one-time refusal on the requests of a frequent customer with dander allergies for an animal-free area. The court found that the ferry did not violate the ADA because it based its decision on consideration for the health and safety of others. See Lockett v. Catalina Channel
Exp., Inc., 496 F.3d 1061 (9th Cir. 2007).
When the accommodation of a service animal would result in a fundamental alteration to the nature of the business, service or activity it may be excluded. For example, a dog barking during a theatrical performance may be excluded. However, the individual
with the disability must be allowed to return without the animal.
What About Service Animals in Housing?
The Fair Housing Act Amendments prohibits discrimination because of disability in the sale, rental or advertising of dwellings. The law requires public and private housing providers to modify policies and practices that deprive individuals with disabilities of their rights to enjoy and use their dwellings. The Act requires covered housing providers to make reasonable accommodations to policies that prohibit pets or require deposits for animals. Exemptions include buildings with four or fewer units where the landlord lives in one of the units, and private owners who do not
own more than three single family houses.
What About Service Animals in Air Travel?
According to the Air Carrier Access Act Part 382 regulations, airlines must permit service animals to accompany a qualified person with disabilities on a flight. The service animal may accompany the individual in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain clear in order to facilitate an emergency evacuation or to comply with Federal Aviation Administration regulations. Airline personnel may ask whether an animal is a service animal, but may not require documentation as a prerequisite to boarding. Airlines may rely on credible verbal assurances of the individual using the animal. Identification may include cards or other documentation, presence of a harness or markings on a harness,
tags, or the credible verbal assurance of the passenger using the animal.
The U.S. Department of Transportation Guidance Concerning Service Animals in Air Transportation also recognizes emotional support animals as service animals. More information may be obtained at http://airconsumer.ost.dot.gov/rules/20030509.doc (Word version) or http://airconsumer.ost.dot.gov/rules/20030509.pdf (PDF version).
Enforcement
* Title I of the ADA-File a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discrimination. (www.eeoc.gov/charge/overview_charge_filing.html) * Title II of the ADA-File a complaint with the U.S. Department of Justice (DOJ) by calling 1-800-896-7743 or file a complaint with the Office of Civil Rights at the Department of Health and Human Services at 1-800-368-1019. (www.ada.gov/t2cmpfrm.htm) * Title III of the ADA-File a complaint with U. S. Department of Justice, Civil Rights
Division (www.ada.gov/t3compfm.htm)
* Housing-File a complaint with Housing and Urban Development (HUD) within one year after the alleged discrimination or file a lawsuit in federal district court within two years of the alleged incident. (www.hud.gov/complaints/housediscrim.cfm) * Air Travel-File a compliant with the U.S. Department of Transportation Aviation Consumer Protection Division. (http://airconsumer.ost.dot.gov/problems.htm)
Resources
The following links provide additional information about Service Animals.
U.S. Department of Justice
* Technical Assistance Letters
o www.usdoj.gov/crt/foia/tal482.txt
o www.usdoj.gov/crt/foia/tal151.txt
o www.usdoj.gov/crt/foia/tal302.txt
* ADA Business Brief: Service Animals
www.ada.gov/svcanimb.htm
* Commonly Asked Questions About Service Animals in Places of Business
www.usdoj.gov/crt/ada/qasrvc.htm
U.S. Department of Transportation
* U.S. Department of Transportation Aviation Consumer Protection Division
http://airconsumer.ost.dot.gov/index.htm
* U.S. Department of Transportation Guidance Concerning Service Animals in Air Transportation
http://airconsumer.ost.dot.gov/rules/20030509.doc (Word file)
http://airconsumer.ost.dot.gov/rules/20030509.pdf (PDF file)
Other Organizations:
* Delta Society
www.deltasociety.org
* Southeastern Guide Dogs, Inc.
www.guidedogs.org
ILRU Webcasts
* Part I: Service Animals and the Law: Which Animals do the ADA & State Law Recognize? - Sally Conway, U.S. Dept. of Justice; Ed Eames, PhD, Toni Eames, MS and Aaron McCullough on April 14, 2004. www.ilru.org/html/training/webcasts/archive/2004/04-14-SC.html * Part II: Questions & Answers about Service Animals and the Law: Which Animals do the ADA & State Law Recognize - Sally Conway, U.S. Department of Justice and J. Aaron McCullough, DLRP on April 29, 2004. www.ilru.org/html/training/webcasts/archive/2004/04-29-SC.html * Part III: Service Animals in Housing and Air Travel - Betsy Darling, HUD; Allyssa D. Wheaton-Rodriguez, HUD; Ed Eames, PhD and Toni Eames, MS; Stacy Toomey, Continental Airlines on May 12, 2004. http://www.ilru.org/html/training/webcasts/archive/2004/05-12-BD.html * Part IV: Transportation and the ADA: Latest Updates, Service Animals, Q&A - Marilyn Golden, DREDF on June 16, 2004. www.ilru.org/html/training/webcasts/archive/2004/06-16-MG.html DISCLAIMER: The Disability and Business Technical Assistance Center (DBTAC) - Southeast ADA Center (Southeast DBTAC) is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA) under Grant No. H133A060094. However, you should be aware that NIDRR is not responsible for enforcement of the ADA. For more information or assistance, please contact the Southeast DBTAC via its web site at www.sedbtac.org or by calling 1-800-949-4232
(Voice/TTY).
The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. The Burton Blatt Institute at Syracuse University (BBI) does not warrant the accuracy of any information contained herein. Any links to non-BBI information are provided as a courtesy. They are not intended to nor do they constitute an endorsement
by the BBI of  the linked materials.
DBTAC- SOUTHEAST ADA CENTER (SOUTHEAST DBTAC)
1419 Mayson Street, Atlanta, Georgia 30324
(800) 949-4232 (v/tty)
(404) 385-0636
(404) 385-0641 (Fax)
sedbtacproject@xxxxxxxxxxx
www.sedbtac.org
Funded by the National Institute on Disability and Rehabilitation Research of the
U.S. Department of Education #H133A060094

----- Original Message ----- From: "Joe Plummer" <joeplummer@xxxxxxx>
To: <tabi@xxxxxxxxxxxxx>
Sent: Sunday, May 02, 2010 1:41 PM
Subject: [tabi] Re: Question & answer about motel and service dogs


Show me the law. I have not seen it.



Sign,
Joe Plummer ( JP )
joeplummer@xxxxxxx

-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf
Of Easy Talk
Sent: Sunday, May 02, 2010 12:18 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: Question & answer about motel and service dogs

How many times do you people have to be told it is underline bold against
the law to charge deposits for service animals.  case closed.

Robert

----- Original Message -----
From: "Daniel Ben Moshe" <danielbenmoshe1@xxxxxxxxx>
To: <tabi@xxxxxxxxxxxxx>
Sent: Sunday, May 02, 2010 12:02 PM
Subject: [tabi] Re: Question & answer about motel and service dogs


That is true, but they are not saying that, they are just taking it and
not
giving an account as to what they are doing. A sighted person they give an
accounting to every time for charges.  However they feel that they don't
oah
us any explanation what so ever. If they are taking an deposit then they
need to say so, and return it if there is no problem. The thing is that
they
will find something to justify them keeping all, or most of the money.
Remember this society is sick, and how ever, and by who ever.


I'm glad to be your humble and obedient servant,

Zechen Elder Daniel Ben Moshe,
Benai Yahshuah Synagogue Of Broward County,
www.theblindcansee.org
Choose ye this day whom you will serve.  If Yahweh be Elohim, then serve
him, with all of your hart. However, if bail be your master. Then serve
him.  As for me, and my house.  We choose, to serve Yahweh!

The late Bishop Joe Patterson told a story long ago, when I was a small
child.  About Elijah, and the 450 false prophets of bail.  He said that
Elijah, stood, and told the false prophets to go on ahead, because they
had
a much larger program.  He said that they had 450 participants, and he
only
had one.  Elijah, also reminded them, that they had to drag their god up
the
mountain side on an ox cart.  the man of Yahweh, also said, that his
Elohim
would be there when he arrived.  He said mockingly, you go on ahead.
Heck,
I will even let you call your god first.  I'M going to take a nap, and
when
you guys finish your foolishness, wake me up. Go ahead now, take your best
shot.
Bishop Joe O Patterson
A blessed memory
1963-1989
-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On
Behalf
Of Joe Plummer
Sent: Saturday, May 01, 2010 11:57 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: Question & answer about motel and service dogs

Yes, it is good business practice. They're not charging for damages before it happens they are getting a deposit. I my self do not think they are out side the law. Anyone else would have to put up a deposit even if they were aloud to have the animal inside the room at all. Just because we are blind
don't make us special. Now I do think we have certain rights as a handy
cap
or disable person. But not paying a deposit for your dog or what ever
animal
that could or could not cause damage is not one of them. If no damage is
done then you should get your money reimburse . If not this is what the
court of law is for. Just my thoughts.



Sign,
Joe Plummer ( JP )
joeplummer@xxxxxxx

-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On
Behalf
Of Darla J. Rogers
Sent: Saturday, May 01, 2010 4:21 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: Question & answer about motel and service dogs

Um, Joe; my dogs have **never** CREATED A PROBLEM OF ANY KIND **INSIDE** A HOTEL. My current dog did have diarrhea in the parking lot which I would
have been happy to reimburse, as I told them about it, and guess what?
The
next day, it was still there.

If a public establishment tries to charge for damages, in advance, they
are
breaking the law, and I, for one, will sue, if I must to recoup my losses.

Good business practices?  I don't think so, as it is breaking the laws,
both
Federal and state.

Darla



Darla J. Rogers, B.A. Social Science; M.S. Rehabilitation Counselor
Education

djrogers0628@xxxxxxxxxxx

Home phone #:  850-329-7437
Cell #:  850-443-3571

Skype ID: wildflower0628
I suited up for the long walk back to myself...
....Ani DiFranco

----- Original Message -----
From: "Joe Plummer" <joeplummer@xxxxxxx>
To: <tabi@xxxxxxxxxxxxx>
Sent: Friday, April 23, 2010 4:16 PM
Subject: [tabi] Re: Question & answer about motel and service dogs


I don't think they are trying to get away with anything. This is just
good  business practice to me. It cost to clean up after a dog or
anything. What  is this we are blind and should get special things done
for us. That is  not  right. Yes, I believe that you need some help and
we do get it. But come  on  people we are not privilege. This coming
from a service dog owner. Use  common since. More of my thoughts.


Sign,
JP ( Joe Plummer)
joeplummer@xxxxxxx


-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On
Behalf Of Daniel Ben Moshe
Sent: Friday, April 23, 2010 2:56 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: Question & answer about motel and service dogs

I have never had a problem in hotell stays, things are changing, and
where ever you are can determen how much they try to get away with. As
you said if they are taking a depossit, then they should return it,
but I have never had them ask for a depossit.


I'm glad to be your humble and obedient servant,

Zechen Elder Daniel Ben Moshe,
Benai Yahshuah Synagogue Of Broward County, www.theblindcansee.org
Choose ye this day whom you will serve.  If Yahweh be Elohim, then
serve him, with all of your hart.  However, if bail be your master.
Then serve him.  As for me, and my house.  We choose, to serve Yahweh!

The late Bishop Joe Patterson told a story long ago, when i was a
small child.  About Elijah, and the 450 false prophets of bail.  He
said that Elijah, stood, and told the false prophets to go on ahead,
because they had a much larger program.  He said that they had 450
participants, and he only had one.  Elijah, also reminded them, that
they had to drag their god up the mountain side on an ox cart.  the
man of yahweh, also said, that his Elohim would be there when he
arrived.  He said mockingly,you go on ahead.  Heck,

I
will even let you call your god first.  I'M going to take a nap, and
when you guys finish your foolishness, wake me up. Go ahead now, take
your best shot.
Bishop Joe O Patterson
A blessed memory
1963-1989
-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On
Behalf Of Joe Plummer
Sent: Friday, April 23, 2010 2:02 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: Question & answer about motel and service dogs

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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