In 1997, AAD contacted the Days Inn hotel, located at 644 North Lake Shore Drive in Chicago, and requested a quote on ninety rooms to house athletes with disabilities and their families and friends during their stay in Chicago for an AAD-sponsored wheelchair basketball tournament to be held at Navy Pier. Days Inn was selected because of its physical proximity to Navy Pier, which would allow the athletes convenient and independent access to the tournament.

Days Inn provided AAD with a quote of $79 per room. However, after AAD representatives toured the rooms, it was apparent that the doors to the bathrooms were too narrow for someone in a wheelchair to enter. In addition, it was determined that the banquet facility was inaccessible. Accordingly, AAD requested, as reasonable modifications, that the doors to the bathrooms be removed to allow access and that a ramp be installed in the banquet room.

Days Inn originally agreed to remove the doors, but only at the additional cost of $40 per room. Days Inn also indicated that AAD would have to pay for the cost of the ramp for the banquet room. AAD informed Days Inn that the extra charges were unlawful under the Americans with Disabilities Act ("ADA"). In response, Days Inn acknowledged that it could not charge for the reasonable modifications, but it still refused to agree to AAD's accommodation requests. The next day, Days Inn advised AAD that market conditions had changed and the cost Would be $129 per room. When AAD tried to secure the rooms at the increased rate, Days Inn informed AAD that there were no vacancies for the dates in question. As a result, AAD was forced to find lodging elsewhere at
substantial inconvenience and expense.

"Days Inn's actions are in direct contravention of the ADA," said Karen I. Ward, Litigation Director of Equip for Equality and the lead attorney on the case. "The ADA clearly states that private businesses cannot pass on the cost of reasonable modifications to people with disabilities." Michael Figueras, a staff attorney at Equip for Equality, is also working on the case.

"The discriminatory actions of Days Inn caused an incredible inconvenience to our members," said Deborah Bonsack, the Executive Director of AAD. "We were forced to make last minute arrangements to secure lodging at a hotel that was much further away from the tournament site and was more expensive."

"Hotels and other businesses are legally responsible for making their establishments accessible to people with disabilities and for bearing these costs, said Zena Naiditch, President and CEO of Equip for Equality. "It is inexcusable for any business to have discriminatory practices 8 years after the enactment of the ADA."

"It is surprising that this case involves Days Inn," said Barry Taylor, Program Director of Legal Advocacy Services of Equip for Equality, "Over the past few years, the United States Department of Justice has sued many Days Inn hotels across the country for failing to build accessible lodging. We hope this case will finally educate Days Inn, as well as other businesses, about their responsibilities under the ADA."

"This litigation against Days Inn is the latest in a series of suits brought by Equip for Equality as part of its ADA Campaign," said Zena Naiditch. "The purpose of the Campaign is to educate people with disabilities, governmental agencies, and private businesses about the ADA and to challenge discriminatory practices."
 

Equip for Equality, Inc. is a private, not-for-profit organization whose mission is to advance the human and civil rights of people with physical and mental disabilities in Illinois. The organization is the state of Illinois' designated protection and advocacy system for people with disabilities, pursuant to federal law.