My question involves civil rights in the State of: California
I find most business in California especially Motels to be very unfriendly to Service Dogs. It is to the point where I just want to sue every last place that gives me $%#$@ about expecting to get a room with a Service Dog.
I know the Federal ADA laws. I have read and Studied them. Even the newest revisions for May 2011. I also know about California Law, including the Unruh act, and that Food And Ag code about Service Dog ID Tags. (FOOD & AG § 30501 - 31683 and California Civil Code Section 51...)
I know under California law, Any Violation of the Federal Law, Is also a Violation of the State law. And the minimum under Unruh is $4,000.00 plus Attorney fees.
Basicly it comes down to if i have my Service Dog with me, they can ask if the dog is a Service Animal. If i say "yes" the only other thing they can do is ask what "Service" does my Dog do for me? Like Alert to sound, bring help or medication, Assists with mobility....
But they can not even bring up the issue of Certification, ID tags, Or any documents or poof that the Dog is a Service Animal. They have to accept my word for it under the law. It can not be asked for. It can not even come up in the conversation. That is the law. Wither the law is good or bad... That is the law.
Once they know the dog is a Service Dog, they have to simply treat me like I don't even have the dog with me.
They have to treat me like any other customers. Service can not depend on my disability or the dog. If i meet the"Normal" Requirements to stay there they have to let me.
And they can not charge an extra deposit. And again, they can't ask about any ID tags, etc.
YES, i know about Service Dog ID Tags in the Food and ag code etc.. But that in itself is a Violation of Federal law, as such it is unenforceable, and all parties must go by federal law.
Also as I do not live in California i can't get the blasted things anyway.
at least 90 % of the time I try to get a hotel room, and i tell them i travel with a Service dog I get one of the following:
NO DOGS No PETS!..(And they do not understand Service Dog, Service Dog, and so on).
You and Your Service Dog Are Welcome Here, Provided you have the right ID tags or other proof your dog is a service dog.
Or you must give a service Dog deposit in the amount of....
When i explain the law to them at most i get told to call back when the owner or manager is in to get "special" permission to stay there with my "Pet" or without paying an extra deposit, or without having the right ID for the dog!!!
They don't get that the law states that can't ask what they are asking me to do. The don't get that just saying what they said or making me talk to a manager because of the Service dog is a violation of the law!
When I make a compliant and tell them that they broke the law and point out it can cost them $1,000.00.... And i ask them to please change their police etc..
They tell me i was never denied a room so no violation took place as i decided not to pay the deposit or try to pay for a room.. Or other BS.. Or I misunderstood what was said..
Sorry folks this really gets to me. Any one know how i can get these folks to understand it does not matter If i only called to make a reservation, or was standing at the front desk. The moment they ask the wrong thing, they have broken the law.
It is upsetting enough to have it happen, but then to be told.. Will you did not make the reservation, and pay a deposit so no law was broken.
Well they won't take the reservation once i tell them i have No ID, etc..
So folks how can i get them to understand the law was broken, it is a big deal?
Or am i wrong??? Really doubt I am..
Or should i just sue them and let them figure it out when i get a judgment.
I work at a facility that records all calls incoming and outgoing. Al phones are on a recorded Beep line, so if needed I can request a copy of the tape of the phone call. My work allows some personal calls, but all calls must be made on a recorded line.
No cell phone calls in the facility.. So they let you use their phones, but all calls get recorded.
I am open to your thoughts but I'm sick of having it happen, along with the "We did nothing wrong" BS..
If you do give advise on law, please give me the needed information to get a copy of what ever you reference.
Again, thank you, and sorry about the rant..
Man if they just would agree they were wrong, fix their policy and give me a little something, i would not be soooo pissed off.