Your Rights and the ADA

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination of people with disabilities in various areas including employment, state and local government programs, public accommodations, transportation, telecommunications, and commercial facilities.

According to the ADA’s Title III (Public Accommodations), private businesses such as hotels are required to provide equal opportunity for people with disabilities to use their facilities. This means that they are legally obligated to make reasonable accommodations as long as it’s not an undue burden. Here is what Section 36.302 Modifications in policies, practices, or procedures says: “A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.”

Whenever I stay at hotel during my travels, I request a step stool to get onto the bed and use the bathroom sink. At most places, they usually have one available. But during the last few times I have traveled, a couple of the hotels were not accommodating; one even refused to give me a step stool.  By not providing me a step stool, not only would I be unable to have a comfortable stay, they are also denying me access to equal and full enjoyment of the basic services and amenities offered at the hotel, which is a form of discrimination and against the law. A step stool is a reasonable accommodation and not an undue burden. Sometimes, hotel will try to play the “liability” card, but it is not a valid defense, because anything in the hotel can be seen as a liability issue. Someone jumping on the bed, standing on a chair, slamming doors, you name it. If the hotel asks you to sign a form in order to provide a step stool or other type of accommodation, it is illegal, because they cannot put additional requirements on someone with a disability to use their facility. If we have to sign a form, then so does everyone else.

Make sure you ask for the step stool when you first make the hotel reservation. Call the hotel reservations department and describe what you will need during your stay. Mention that you have dwarfism or another disability. You may have to speak directly with the guest services manager about your request or if any issues arise. What I tell them is that the step stool has to be 9-10 inches high and can be as simple as a Rubbermaid step stool, which can be purchased at Walmart or any major retail story nearby. I then call 1-2 weeks in advance to make sure they received my request and if they have questions. The week of my travel date, I call the hotel one more time to confirm that everything is all set and that the step stool will be in the room when I arrive. If they give you any trouble, refer to the ADA section above and let them know what they are legally obligated to do. Don’t be afraid to stand up for yourself and your rights!

You may choose to file a private lawsuit against a place of lodging if they refuse to accommodate. You can also contact the local US attorney’s office or file an official ADA complaint directly with the US Department of Justice. To learn more, click here.

If you need immediate assistance, the National Disability Rights Network offers protection and advocacy services and has member agencies in each state. If you go to their website and click on the state where you need services in, you will find their contact information.