HOTEL CUSTOMER SERVICE AND THE ADA FREQUENTLY ASKED QUESTIONS DEVELOPED BY THE DBTAC: MID-ATLANTIC ADA CENTER SPRING 2008 When you say there are 51 Million people with disabilities in America, how is “disability” defined? Well, that number is based on U.S. Census reports and it generally depends on how they ask the question. This is probably a low estimate because it’s based on people self-identifying. Many people either don’t realize that what they have is a disability or they aren’t comfortable disclosing that they have a disability. There are many definitions of “disability” and most are very technical. I could spend a whole day just teaching you about the definition of disability. For our purposes today, I’ll just tell you that the ADA defines disability as “a physical or mental impairment that substantially limits one or more major life activities.” What if the person gets mad or annoyed when I offer to help (I’ve had this happen before)? It is never wrong to offer to help. The key is making sure you wait for their answer, and if the person says they don’t need help, you should respect that. It’s also important that you communicate respect in your offer, rather than making them feel that you think they are incapable. Even if you do everything “right”, some people may get annoyed when you offer to help –— perhaps they are having a bad day or are frustrated about something else. Don’t let this discourage you. The next time you see someone who might need some help, go ahead and offer and see what they say. Why can’t someone say their service animal’s presence helps them stay calm? By definition, service animals must be trained to DO something to assist the person. Simply being present is not something service animals are specially trained to do. Some people may say the animal is trained to sense when they are having an anxiety attack and help calm them down by leaning against them, for example. This qualifies the animal as a service animal because it is something they are trained to DO. But simply being present does not make an animal a service animal. What if I’m not sure the person is using a service animal or bringing in a pet? If you’re unsure whether the animal is a pet or a service animal, ask the person if the animal is a pet. If they say yes, you do not have to allow the animal into your facility. If they say no and tell you it is a service animal, you may ask what the animal is trained to do, but nothing further. You may not ask about the person’s disability, and you are not permitted to ask them for paperwork proving the animal is a service animal. What if a service animal damages the property or hurts another guest? Service animals are specially trained to be quiet, obedient, and respectful. They even relieve themselves on command. It is very rare that they would hurt anyone or damage property. However, in the event that they did damage something or hurt someone, the owner could be held responsible. What kinds of animals besides dogs work as service animals? Do I have to let them all in? Are any animals “forbidden”? Almost any animal COULD be a service animal. The most common types are dogs, cats, and birds. But again, keep in mind that the animal must be trained to DO something to assist the person with a disability. If someone asks specifically about horses, monkeys, or other animals, let them know that right now they are permitted but they may be excluded under pending DOJ rules. What if other people are allergic to or afraid of the animal someone is using as a service animal? If another customer is allergic to or afraid of a service animal, every effort should be made to accommodate both guests. For example, locating their rooms on opposite ends of the hotel or seating them on opposite sides of the restaurant. You may not prohibit a service animal from entering the facility with its owner simply because another guest is allergic or afraid. Do I really have to let animals into the restaurant and sleeping rooms? Isn’t that a health hazard? The Center for Disease Control has said that service animals pose no health risk even in most areas in hospitals. Therefore, they clearly pose no risk in restaurants and sleeping rooms. In a hotel or restaurant there really should be no areas that are “off-limits” to service animals. You say I have to give priority to people with disabilities for the accessible rooms. What if all the accessible rooms are already booked? What if there are guests already in them? Yes, people with disabilities who need accessible rooms should be given priority to receive them. When they call to make a reservation, you should note in their reservation that they will get an accessible room and do everything possible to be sure one is available on their arrival date. If all the accessible rooms are already booked, the rooms should be held for guests who need the accessible features. If a guest has been designated to receive an accessible room but does not need one, that guest should be moved to a regular room. In the event that a person with a disability arrives and all the accessible rooms are occupied and one or more of the rooms are occupied by people who do not need an accessible room, you need to ask that guest if they are willing to move to a non-accessible room in order to allow the person needing accessibility to use that room. You cannot compel them to move, but you must ask them. Also, if you place a guest without a disability in an accessible room, it is a good idea to ask them to sign a statement acknowledging that they may be asked to move if a person should need their room. You still cannot force them to move, but this should give the guest advanced notice that they may be asked to move. 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