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United States finds local hotel in violation of ADA

mark handler

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United States finds local hotel in violation of ADA

April 23, 2014

By Courtney Spradlin

LOG CABIN STAFF WRITER

A United States Department of Justice investigation found Comfort Inn and Suites in Conway, owned by Umang Patel, in violation of the Americans with Disabilities Act, according to a DOJ settlement agreement filed in March.

According to the agreement between the United States and Conway Lodging, or Comfort Suites, the investigation carried out by the Arkansas Attorney General’s Office for the DOJ found the business violated the Americans with Disabilities Act “by failing to modify its policies, practices, or procedures to allow the use of a service animal by an individual with a disability without making inquiries pertaining to documentation, including proof that the animal has been certified, trained, or licensed as a service animal.”

The complainant alleged that on Sept. 27, 2012 the business discriminated against people with disabilities and denied equal access to people with disabilities who use service animals.

Further, the complainant told the DOJ an employee requested documentation of the service animal, and the complainant was told he could not stay in the hotel without documentation for the service animal.

The agreement states the man produced documentation of the service animal so that he could stay at the hotel.

Under the agreement, the business and its operator shall be afforded accommodations “equal to that afforded to other individuals.”

Further, the business agreed to modify policies and procedures to permit the use of a service animal by individuals with disabilities without requiring verification of the person’s need for the service animal.

The business and Patel were required to provide training for employees on the business’ service animal policy within 90 days of the agreement’s effective date, Jan. 17, 2014.

(Staff writer Courtney Spradlin can be reached by email at courtney.spradlin@thecabin.net or by phone at 505-1236, or on Twitter @Courtneyism. To comment on this and other stories in the Log Cabin, log on to www.thecabin.net. Send us your news at www.thecabin.net/submit)
 
The agreement states the man produced documentation of the service animal so that he could stay at the hotel.

Under the agreement, the business and its operator shall be afforded accommodations “equal to that afforded to other individuals.”
Was he denied lodging after that if so I agree it was discrimination

Asking for documentation for a service animal should be no different then requiring a handicap parking sticker to park in a space other wise a hotel could never deny anyone with an animal a room.

Some service animals are obvious for certain individuals, other individuals may be just telling a bold face lie to allow the animal in the place of business.
 
mtlogcabin said:
Asking for documentation for a service animal should be no different then requiring a handicap parking sticker to park in a space other wise a hotel could never deny anyone with an animal a room.
I sort of agree with this but don't forget that you can't ask any information about the parking sticker or handicapped plate for that matter. As long as they have one the business has to accept it carte blanche. The same thing kind of applies to service animals because in many cases people don't actually have a certificate regarding the animal.
 
If you don't need photo ID to vote, why would anyone expect a question on their service animal?
 
Msradell said:
..... people don't actually have a certificate regarding the animal.
None required, many are abusing the system, many are not.

The American Disabilities Act (ADA) does NOT require certification or registration of service animals.

Voluntary registration and service animal identification does make dealing with service animal accessibility in public places, lodging, and public transportation MUCH easier.

Most business owners, managers, and employees are not trained or aware that a person with a disability and service animal must allowed in their establishment by law! Because of this lack of education and understanding, many disabled persons and their service animals are often denied access until they've successfully pled their case and shared the law through an embarrassing public exchange.

Even informed and knowledgeable businesses will confront a person attempting to bring in their dog if the dog isn't wearing something (vest, patch, ID card) that clearly indicates the dog is a service animal.

By registering the Animal with National Service Animal Registry, they can provide documentation, visible identification, and service animal patches to quash most decent.
 
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