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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I just got back from a trip in san diego and I made a

Customer Question

I just got back from a trip in san diego and I made a complaint to the hotel owner about the elevators not working when I checked in. the clerk was rude to me and told me the stairs are over there to climb. (6 flights) I told the owner I wasn't able to because of my disability, he then told me that I looked healthy and not disabled and actually askded me for a disability certificate and or parking placard??? who can I call about this?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this experience. The easiest way to file a complaint is to do so with the US Dept. of Justice here: http://www.ada.gov/filing_complaint.htm

Customer: replied 1 year ago.
do I have a valid case to sue him for my distress and public embarrassment
Expert:  CalAttorney2 replied 1 year ago.

The CA ADA does allow for a private attorney general's right of action. This means you can file suit for violation of the ADA. If you do choose to do this there are attorneys in CA that make a specialty of suing businesses for ADA violation. I can't tell you what kind of damages you would hope to claim out of this (it really would depend on the facts of the matter - the focus is on the violation (distress, embarrassment, etc. are not legally compensable damages, and are the issue). but if you find that the elevator had been out of service frequently, or for a long period of time, there may be some money in it.

(Most of the money in these suits does go to pay for attorney's fees, the public purpose of these suits is to encourage businesses to keep up to code as opposed to creating high profitability suits, but you can certainly contact one of these specialists and discuss your case in more detail).