[NFBF-Tampa] CBS News: Arraignment of Denial of Service Animal in Airbnb

Fri May 31 14:41:00 UTC 2024

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                On Wednesday, May 29, an Airbnb host was arraigned in Tampa,
Florida on criminal charges stemming from the removal of a service animal
handler from his property. Juan Gomez - the Airbnb host - was not present
during the arraignment but was represented by legal counsel. On behalf of
Mr. Gomez, his attorney entered a plea of "Not guilty" and requested a trial
by jury. The judge set a trial date for Monday, July 22. Our local CBS
affiliate covered the story and their investigative reporter is interested
in pursuing more stories about the challenges we face as service animal
handlers. Here is the link to view the report on the arraignment.

https://www.wtsp.com/article/news/crime/tampa-man-charged-airbnb-service-dog
/67-028f8c26-2732-46a8-ab81-03844716b02b

                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. When she called the Hillsborough County
Sherrif's Office for assistance, explaining such denial was a criminal
offense, the disabled woman was laughed at by a deputy who asserted she did
not know what she was talking about. Frustrated at the response from the
sheriff's office, she called Advocates for Service Animal Partners (ASAP)
which operates a 24-hour telephone hotline to help with such issues. ASAP
just happens to be headquartered in Tampa and the advocate on the hotline
was one of the most recognized service animal advocates in the country!

"I couldn't believe how dismissive the deputy was when I told her it was a
criminal offense in Florida," says Liz Hartranft, whose service dog is
trained to alert her to the onset of seizures. "I gave her the statute
number and even read it to her but she refused to do so much as to look it
up Rather than help me, she laughed in my face. I felt so humiliated!"

According to Florida statute 413.08, 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. Violation of this law is a second
degree misdemeanor punishable by a fine of up to $500, incarceration of up
to six months, and the performance of up to thirty hours of community
service. All states have similar provisions with thirty-seven providing such
criminal remedies. 

"This is not an unusual response by law enforcement," says Marion Gwizdala,
ASAP's CEO and the advocate who happened to take this particular call.
"After I quoted the law by literally section and verse, I had an HCSO
dispatcher advise me to call the Better Business Bureau!"

                The criminal charges were the direct result of ASAP's
tenacity, expertise, and profile as they pressed the sheriff's office to
file charges. Coupling this with the body camera video when a deputy finally
did show up depicting Mr. Gomez's indignance even after being warned he was
violating state and federal law gave law enforcement no choice but to file
criminal charges. 

According to Gwizdala, Advocates for Service Animal Partners has attempted
to work with law enforcement around the country to solve this pervasive
problem but their interest in doing so only lasts as long as the issue is in
the media. Gwizdala asserts.

"People with disabilities are marginalized by businesses and when we assert
our rights, we are marginalized even further by those sworn to protect and
serve," says Gwizdala.

                Advocates for Service Animal Partners is seeking
testimonials from service animal handlers concerning their contact with law
enforcement when attempting to assert their civil rights. Please send us an
email telling us about these incidents. It would be helpful to provide an
approximate date and time, along with the name of the law enforcement
agency, including the state,  with which you had contact and the type of
business where you had the access issue. It also would be helpful to provide
your name and contact information should we need more details but this is
completely voluntary and your information will not be shared with anyone
else. We will not add you to our group distribution list unless you
specifically request to be added. Please send these testimonials to
advocates for Service Animal Partners at

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

                If you would like to be added to our group distribution list
and receive important updates and information from the service animal
partners' community, please visit our website and complete the contact form
found at

https://serviceanimals.info/BecomeaPartner.html

Advocates for Service Animal Partners 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 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

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