February 22, 2010
ADA Violation.do I have a case?
mresearchergrl asked:
My boyfriend and I went to a convention at a popular hotel. My boyfriend and I are both disabled, he uses a chair and I a cane. When reserving the room I specifically asked for disabled accomadations. Upon arriving to the hotel, we noticed that we were sent to a room on the 10th floor that was not at all for disabled people. We almost could not get his wheelchair through the door and the bathroom had no handrails. We decided to stick it out however, not realizing that the situation would get worse.
This hotel prides itself on having a bar in the penthouse that has a spectacular view of LAX. There are about 7 stairs to go up, but there is also an elevator for wheelchairs. On our last night there, we decided to go and treat our selves to some food and drink. Unfortunately the elevator button was ripped out of the wall and there was no way we could get up there. We informed the staff and all they said was "Sorry nothing we can do." Can we sue them for their violation of the ADA?
I am a hardworking adult with a full-time and part-time job that does not leech off of the system. But if I am going to pay hundreds of dollars to them and then be excluded from the top attraction at there hotel, I want to at least hear an apology. By the way, the elevator was also broken down when we went there 3 months before, so it wasnt just a one time occurence.
Chair Lift Stairs
My boyfriend and I went to a convention at a popular hotel. My boyfriend and I are both disabled, he uses a chair and I a cane. When reserving the room I specifically asked for disabled accomadations. Upon arriving to the hotel, we noticed that we were sent to a room on the 10th floor that was not at all for disabled people. We almost could not get his wheelchair through the door and the bathroom had no handrails. We decided to stick it out however, not realizing that the situation would get worse.
This hotel prides itself on having a bar in the penthouse that has a spectacular view of LAX. There are about 7 stairs to go up, but there is also an elevator for wheelchairs. On our last night there, we decided to go and treat our selves to some food and drink. Unfortunately the elevator button was ripped out of the wall and there was no way we could get up there. We informed the staff and all they said was "Sorry nothing we can do." Can we sue them for their violation of the ADA?
I am a hardworking adult with a full-time and part-time job that does not leech off of the system. But if I am going to pay hundreds of dollars to them and then be excluded from the top attraction at there hotel, I want to at least hear an apology. By the way, the elevator was also broken down when we went there 3 months before, so it wasnt just a one time occurence.
Chair Lift Stairs
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Comments on ADA Violation.do I have a case?
6:42 pm
Chair Lift Stairs
You would accomplish more by filing a case with the federal ADA, they will pursue the matter and if they determine that you were discriminated against they will assess monetary damages against the Hotel.~
8:35 am
Chair Lift Stairs
First of all, you decided to keep the room. Second of all, the penthouse elevator sounds like a temporary repair.
I doubt either are grounds for a lawsuit.
4:12 am
Chair Lift Stairs
Look, I know your annoyed, I would be too in your situation. But I think suing them is a bit far fetched!! And I think you should have notified them about the mix up in rooms, them maybe asked for a discount AT MOST!! I think you need to take a breath and get over it, honestly you have more important things to worry about!
6:26 pm
Chair Lift Stairs
Why didn't you just ask for another room?
Seriously, I am all for ADA and all, but if your room was not ready, why wait until after you leave to complain, and then threaten suit, when the remedy would have been to inform them of your needs, by phone if needed – simple, and they would probably treat you to something for your trouble.
As for the elevator, well, not everything works 24/7 you know. What exactly do you think they could have done that night at that instant to make the elevator work safely for you?
Hard to see what your damages are based on your story really…
1:03 pm
Chair Lift Stairs
You don't have a case. You failed to insist upon an ADA compatible room after being given an ordinary room. You can hardly blame them for not providing something if you didn't insist upon it after you arrived.
As far as the elevator is concerned, it was temporarily out of order. They are merely required to fix it in a timely manner.
UPDATE: The fact that the elevator was out of order on a previous visit doesn't mean much. If they can demonstrate that it was previously fixed, but is out of order again, or they can show that they are taking steps to have it repaired then you would have no case.
It seems to me that the staff would have been more than willing to help you up the stairs had you asked. We're just talking about 7 steps here.
3:22 am
Chair Lift Stairs
I THINK YOU DO HAVE A CASE. The hotel should be properly investigated concerning disabled people using their facilities, it is now mandatory to facilitate the disabled people to be able to use the amenities of the hotel and not to be discriminated just because they are disabled.
You file a complaint to the management regarding the treatment you both received in this hotel. Either they give you a discount next time around or a proper apology otherwise you will elevate the matter to the concern agency for the disabled.