[FLAGDU] Recall: RE: Trial Begins for Airbnb Host for Service Animal Denial

Sat Jul 20 10:48:13 UTC 2024

                The following release is being recalled. The state attorney
will move for a dismissal of the case due to a strict reading of the law.
Florida law defines a place of public accommodation as "An inn, hotel, or
other lodging place consisting of four or fewer rooms and is not the primary
residence of the proprietor". (509.013) Since the defendant argues that he
lives in the house at least 50% of the time, it is not a place of public
accommodation. Though other elements of the crime are not contested, the
state attorney does not believe he can prove the case beyond a reasonable
doubt.

     Advocates for Service Animal Partners will continue to pursue this case
with the United States Department of Justice and Disability Rights Florida
where administrative action is based upon a lower threshold of proof. We
will keep you abreast of these an other developments in the service animal
movement. If you would like to keep abreast of ASAP's advocacy initiative,
you can sign up for our email distribution list by completing the form at

Become a Partner (serviceanimals.info)
<https://serviceanimals.info/BecomeaPartner.html> 

Marion Gwizdala, President/CEO

(He/His/Him)

Advocates for Service Animal Partners Inc. (ASAP)

Office: 386-ASAP411 (386-272-7411)

Hotline: 855-ASAP211 (855-272-7211)

 <mailto:Advocacy411 at gmail.com> Advocacy411 at gmail.com

ServiceAnimals.info

Facebook.com/asap411/

"Forward together!"

FOR IMMEDIATE USE

FROM: Advocates for Service Animal Partners Inc.

RELEASE DATE: July 19, 2024

TRIAL BEGINS FOR AIRBNB HOST FOR SERVICE ANIMAL DENIAL

Tampa, Fla. - At 11:00 at night, shortly after a disabled North Dakota
business owner checked into a Tampa Airbnb, the  host ordered her off the
property because of her service dog. On Monday, July 22, Juan Gomez will
face a jury of his peers determining if he is guilty of violating the civil
rights of a disabled person, a second degree misdemeanor in Florida. If
convicted, Gomez could face a maximum sentence of sixty days in jail, a fine
of $500, and/or thirty hours of community service for an organization
providing services to the disabled. The trial begins at 8:30 a.m. at the
Hillsborough County Courthouse located at 800 E. Twigg Street, Courtroom 22.

The charges against Gomez stem from a February incident in which Liz
Hartranft, a North Dakota business woman who is disabled and uses a service
dog that alerts her to the onset of seizures, was ejected by Gomez when he
noticed her service dog on video.

"he sent me a text at 11:00 at night ordering me off his property,"
Hartranft says. "I told him it was a service dog and he didn't care. I had a
business meeting the next morning and no where to stay!"

According to Florida statute 413.08 (attached), a disabled individual
accompanied by a service dog has the right to full and equal access to any
place other members of the public are allowed. The dog must be kept on a
leash or tether unless the leash or tether interferes with the work the dog
is trained to perform. The dog must be kept under direct control of the
handler and must not create a threat or be disruptive. Service animal
handlers are responsible for the damage their dogs cause. Violation of this
law is a second degree misdemeanor punishable by incarceration of up to
sixty days, a fine of up to $500, and the performance of up to thirty hours
of community service.

"Most people are surprised at how often we are denied service because of our
service dogs," shares Marion Gwizdala, president of Advocates for Service
Animal Partners, the organization that assisted Hartranft pursue the case.
"We get three to five calls a day to our hotline from people all over the
country facing this sort of discrimination!"

For more information about the mutual rights and responsibilities of service
animal handlers and the businesses we patronize, you can call 386-ASAP411
(386-272-7411). If you need urgent answers to service animal questions due
to an unfolding real-time situation, you can contact the ASAP Service Animal
Hotline at 855-ASAP211 (855-272-7211). . A wealth of information is also
available at  <https://ServiceAnimals.info> https://ServiceAnimals.info.

# # # 

About ASAP

            Advocates for Service Animal Partners (ASAP) is the only
organization dedicated exclusively to providing direct support,
intervention, and mediation for disabled individuals who choose to use a
service animal to mitigate their disability. ASAP operates the only 24-hour
national hotline to assist service animal handlers and the businesses we
patronize understand their mutual rights and responsibilities under state
and federal laws. Individuals needing assistance and information can call
toll-free 855-ASAP211 (855-272-7211) and speak directly with an advocate
trained to resolve access challenges as the result of the choice to use a
service dog to mitigate their disability. ASAP211 is provided at no charge
as a public service to the disabled community.

Advocates for Service Animal Partners (ASAP) is a nationwide network of
volunteer service animal advocates. Our goal is to encourage, educate, and
support service animal handlers through printed and electronic publications,
Informational webinars, recorded educational materials, and direct advocacy
support, intervention, and mediation. ASAP also provides in-service training
to employers, governmental entities, private companies, housing
accommodations, and the airline industry about the rights, responsibilities,
and limitations of access under state and federal law. For more information
about the rights and responsibilities of service animal handlers and the
businesses we patronize, please contact 

Advocates for Service Animal Partners Inc.

386-ASAP411 (386-272-7411)

 <mailto:Advocacy411 at gmail.com> Advocacy411 at gmail.com

 <http://ServiceAnimals.info> http://ServiceAnimals.info