This is the letter that Jerry have set to the owner of the cottage that has denied us accommodation because of Panther, service dog. Dear Sir, I am including links for you in order to attempt to resolve this issue. They are: ada.gov/service_animals_2010.htm ada.gov/qasrvc.htm Please note # 5. Q: I have always had a clearly posted no pets policy at my establishment. Do I still have to allow service animals in? A: Yes. A service animal is not a pet. (Emphasis mine) The ADA requires you to modify your no pets policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your no pets policy altogether but simply that you must make an exception to your general rule for service animals. Based on my reading of #5, I checked no on the registration, as “Panther” is not legally a pet based on Title III of the ADA. Based on my reading of #8, which is, “8. Q: I operate a private taxicab and I dont want animals in my taxi; they smell, shed hair and sometimes have accidents. Am I violating the ADA if I refuse to pick up someone with a service animal? A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service. I would equate the “private rental” of Mrs. Preskitt with a “private” taxicab. If Mrs. Preskitt advertises her rental as would a motel / hotel, and provides the same service (lodging) as a motel / hotel, and charges for the service as does a motel / hotel, then even though she claims it to be a “private rental”, she is still engaging in the “business” of a private rental. ada.gov/taman3.html There is a section that reads: Can a vacation timeshare property be a place of public accommodation? Yes. Whether a particular timeshare property is a place of public accommodation depends upon how much the timeshare operation resembles that of a hotel or other typical place of lodging. Among the factors to be considered in this determination are -- 1) Whether the timeshare offers short-term ownership interests (for instance, stays of one week or less are considered short term); 2) The nature of the ownership interest conveyed (e.g., fee simple); 3) The degree of restrictions placed on the ownership (e.g., whether the timeshare owner has the right to occupy, alter, or exercise control over a particular unit over a period of time); 4) The extent to which the operations resemble those of a hotel, motel, or inn (e.g., reservations, central registration, meals, laundry service). I would contend that #4 would be almost directly on point. Mrs. Preskitt uses a reservations, central registration (through VRBO), and provides laundry service. There is also the Tennessee statute § 62-7-112. Guide dogs; admission for which a violation is a class C misdemeanor. I am sure that you would be better able to access through your means rather than me doing a C/P. My attorney as well as Kelly’s ADA advocate and the ADA representative that I spoke with today are all in agreement that a rental cabin will be considered as a “public accommodation”. Based on the fact we had a confirmed reservation, and that after I informed Mrs. Preskitt that we would be bringing a service dog, she replied that they looked forward to seeing us we knew then that there was a confirmed reservation. Then Mrs. Preskitt cancelled our reservation and plainly stated in her email that it was because of my wife’s disability and her refusal to allow us to rent her facility, based solely on my wife using a service animal, this blatantly a violation of both Title III of the Americans with Disabilities Act and Tenn statute. I have always in the past used such actions as a “teaching moment” and would like for this to be also. I believe we can do much more through educating the public about ADA and service animals rather than litigation. Please contact me so that we can discuss this and resolve this issue. It has been 3 years since my wife and I have been able to take an actual vacation. I am supposed to be on vacation this week, but due to the passing away of my Detective, and having three Superior Court trials calendared, I may get to take one day of it this week. My personal cell phone is XXX-XXX-XXXX and my work cell is XXX-XXX-XXXX. As I stated above, I will be in Superior Court much of the week, so it may be a little bit before I can check voicemails and return calls. Thanks for your help,
Posted on: Thu, 21 Nov 2013 18:15:10 +0000
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