Is it illegal to charge more for an accessible room than a comparable "regular" room

[Jgasink]

I'm trying to book a double bed accessible room in philadelphia for the flower show. I'm actually using award points - but they want a "premium room"charge -18000 extra points a night for the accessible room - but I could purchase the room for the same cost as a regular room - 179 night. It just seems wrong.

 

[bookwormde]

yes

 

[crashbb]

If there is a non accessible room (available for points) at the cheaper, non premium rate, then they have to give you the accessible room for the same cheaper, non premium rate.

 

[Jgasink]

Ok, if they are required to give it to me at the standard rate, is there a reference document I can show them?

thanks

John

 

[Michigan]

Ok, if they are required to give it to me at the standard rate, is there a reference document I can show them?

thanks

John

Title III of the ADA. Call their 800 number and ask to speak with the compliance specialist.

 

[SueM in MN]

It is not directly stated, but it is covered in the wording of not discriminating.
There have been some lawsuits and then consent decrees where the hotel has agreed not to charge more. You can find some by doing a search on the ADA website: www.ada.gov

THis is from the ADA website:
http://www.ada.gov/cguide.htm#anchor62335

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

 

[bookwormde]

What I suggest is that you call back to where you are booking and ask for a supervisor of their compliance department. I try to be nice but firm and say something like " I know if must be an oversight, but you are charging more for an accessible room than the same class of a regular room and that is a violation o the Americans with disabilities act". Often that alone will solve the problem. If they are not helpful always get the person's name and ask for someone higher up. I have found that the refusal almost always ends if you let them know that their name will be listed as the highest level contact on the federal Office of Civil Rights complaint from the Department of Justice.
If all else fails call DOJ OCR office the others have listed above.

 

[crashbb]

Make sure though that they are in violation. The fact that you can pay cash for the room at the regular rate, doesn't mean that they are. You need to see if you can get a non accessible room at the non-premium rate. Most hotels are limited in their "points rooms" and since it is Flower Show (a busy time), it is possible that they have no non premium rooms left.

 

[SueM in MN]

Make sure though that they are in violation. The fact that you can pay cash for the room at the regular rate, doesn't mean that they are. You need to see if you can get a non accessible room at the non-premium rate. Most hotels are limited in their "points rooms" and since it is Flower Show (a busy time), it is possible that they have no non premium rooms left.

That is true - they may not have rooms of any kind left at the regular rate for points.

The question for you is whether you could get a comparable non-accessible room using award points without paying the "premium room charge".
If you could , but they are charging the premium points just because you are asking for an accessible room, that is not allowed.

The cash price only comes into play if they would charge one cash price for a non-accessible room and a higher cash price for a comparable accessible room.