Robert----- Original Message ----- From: "Lighthouse of the Big Bend" <lighthousebigbend@xxxxxxxxx>
To: "tabi" <tabi@xxxxxxxxxxxxx> Cc: "fcb-l" <fcb-l@xxxxxxx> Sent: Friday, April 23, 2010 1:35 PM Subject: [fcb-l] 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 _______________________________________________ fcb-l mailing list fcb-l@xxxxxxxhttp://www.acb.org/mailman/listinfo/fcb-l
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