Legal Question in Disability Law in California
I made reservations at a major chain hotel,im on a limited budget due to a workers comp disability claim..i asked for a bottem floor handicap room and was told i would have to pay a higher rate for those accomodations reguardless of my disability.i had no choice but to take the second floor regular room .it was very painful to have to walk the extra distance and i had no handicap handles and almost fell in the shower twice..my surgically repaired and recooperating foot is more pained today due to the near fall and extra walking..the hotel chain has fired the clerk that tried to chage me extra in violation of ada policy..do i have a claim for monetary damages?
1 Answer from Attorneys
If a handicap room was available and offered at the same price as for comparable non-handicapped rooms, the hotel has complied with the law. You are not entitled to get preferential or discount rates because of handicap. If you took a cheaper non comparable room, that was your choice.
However, if you were actually charged 'extra' for a handicap room, that is a violation.
Your facts are not clear, since you say bottom floor rooms are higher regardless of disability, versus alleging the clerk was fired for trying 'to charge extra'.
Taking that into account, if you believe there was a violation, feel free to contact me for help.
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