[nagdu] No Progress with Resort Yet

Ann Edie annedie at nycap.rr.com
Sun Sep 22 15:39:05 UTC 2013


Hi, Darla,

Well, I think it's better that the manager do her research and find out what
her responsibilities and rights are as a business owner, rather than picking
up the phone immediately and putting her foot in her mouth and opening
herself up to a lawsuit.

Hopefully, she will find that you are correct about not needing to produce
any kind of paperwork and about the fact that she can ask if the dog is a
service dog and what tasks it is trained to perform for you.  And hopefully
she will also find out under what conditions she can ask that a service dog
be removed from the property or under what conditions she can charge if the
dog does any damage to the room or facility.  And hopefully she will also
come upon the information that she cannot charge a "pet deposit" for a
service dog, nor can she force you to accept a "smoking" room or any
particular class of room that you don't want due to the presence of the dog.

All these points of law and regulation are found in the Department of
Justice's Business Brief.  You might want to call back the resort to direct
the manager to the DOJ ADA website to find all the information they need.
By the way, I believe that hotels are specifically mentioned as one of the
examples of "places of public accommodation" under the ADA.

I hope this situation will be quickly cleared up.  Yes, it is frustrating
that more than 20 years after the passage of the ADA, there are still so
many people in positions where they need to know the law who still need
education and enlightenment.  Many of these people probably were not even in
the country when the ADA was signed, and many of them are from cultures
where animals are much less accepted as a part of people's lives and
families.  So the whole concept of service animals may seem a bit strange to
them.  As for why our friends and relatives often open up the can of worms
unsolicited, they often say they were just trying to make sure there
wouldn't be a nasty and embarrassing scene if you showed up at the resort
with your guide dog without making sure in advance that it would be okay.
But I am suspicious that these supposedly well-meaning friends and family
members actually harbor the tiniest wee feelings of guilt and non-acceptance
of our blindness and our guide animals somewhere in the recesses of their
hearts or consciences, so that they themselves are not so sure that we do
have the right to impose on the rest of the public by being allowed to take
our service animals into places like hotels with us.  So, if you can manage
to gently educate the relatives and friends who seem bent on sabotaging your
relaxing holiday and ensuring stress without strangling them or forever
alienating them, perhaps things will go more smoothly the next time you plan
an excursion together.  Alternately, you can make sure that you volunteer to
be the one who calls to make the lodging and travel reservations.

Anyway, you've made a good start in the direction of smoothing out the bumpy
road to equality in recreation for blind people and those with other
disabilities who may use service animals, at least with respect to this
resort.

Best,
Ann

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Darla Rogers
Sent: Sunday, September 22, 2013 7:31 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: [nagdu] No Progress with Resort Yet

Hi everyone,

 

                The manager allegedly left for the day even though I told
she was on the property when I called and asked to speak with her.

 

                I talked with the front desk person and said my friend had
called asking about guide dogs, and the person told me, that since they are
not a pet-friendly hotel, I needed paperwork to show that Huck is a guide.

 

                I asked her if she realized that the hotel is breaking the
ADA law and that the law states that I could only be asked what tasks my dog
does.

 

                I think manager is still around doing her research but won't
call back until tomorrow.

 

                And, how long has the ADA been in force?

 

Darla & hardworking Huck

 

 

 

Darla J. Rogers

 

djrogers0628 at gmail.com

 

 

 

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