[tx] Hotel Requires Me To Stay On 3rd-floor “pet Floor” Because Of My Service Dog. Elevator Has Now Broken About 5 Times And I Rely On A Wheelchair. What Are My Options?

Location: Fort Worth, TX

I'm in Texas and have been living at a combined Studio 6/Motel 6 property with my husband for several months. I'm trying to understand what rights I have under the ADA and what I can realistically do without jeopardizing the only housing we currently have.

I am disabled and an ambulatory wheelchair user. I can walk short distances, but I rely on my wheelchair for roughly 90% of my mobility. Stairs are particularly difficult and painful because of problems with my back.

I also have a task-trained service dog. She is not an ESA or pet. I owner-trained her to perform disability-related tasks.

The hotel has repeatedly told us that because I have a dog, we have to stay on the third floor because that is their designated “pet floor.” I have explained that she is a service dog, but they have continued treating our room placement the same way they would if she were a pet.

We have asked numerous times to be moved to the first floor because of my mobility limitations and the elevator problems. They have continued refusing and telling us that we have to be on the third floor because of the dog.

The elevator has now broken approximately five separate times, including again today.

During one previous outage, I had taken my service dog outside using my wheelchair and then couldn't get back to our third-floor room with the chair. I was initially told to leave my wheelchair in the lobby. I started trying to take it upstairs myself before an employee finally insisted on carrying it for me.

That employee watched me struggle to climb three flights of stairs and nearly fall. I told him that this was exactly why I had repeatedly asked for a first-floor room. By the time I got back upstairs, I was in severe pain.

Now the elevator is down again today.

My biggest concern isn't simply that an elevator occasionally breaks. I understand that mechanical equipment can fail. My concern is that management knows I rely heavily on a wheelchair, knows that the elevator has repeatedly failed, and still refuses to put us on the first floor because they classify the third floor as the “pet floor,” despite my dog being a service animal.

We currently don't have another realistic housing option. Our previous Studio 6 had a fire and we lost essentially everything. I cannot work because of my disabilities, my husband works, and we're living on one income. Between rent requirements, deposits, credit/background requirements, etc., we haven't been able to get into an apartment. I'm explaining this because simply checking out and going somewhere else isn't financially realistic for us.

I'm also hesitant to complain to corporate. I previously had a problem at a different Studio 6 and contacted corporate about it. Instead of handling the complaint separately, corporate apparently sent the complaint directly back to that hotel's front desk, which made the situation worse. Because we're currently dependent on this hotel for housing, I'm worried about making a complaint that could result in retaliation or otherwise jeopardize our stay.

I'm not looking for a payday or trying to immediately sue the hotel. I want to be able to safely enter and leave the room that we're paying for.

My questions are:

1. Can a hotel legally require a disabled guest with a service dog to stay on its designated “pet floor” solely because of the service dog?

2. Would asking for a first-floor room because I rely on a wheelchair and their elevator has repeatedly failed be considered a reasonable modification/accommodation?

3. Does it matter legally whether first-floor rooms are currently available?

4. Should I make a written accommodation request, and if so, who should I send it to?

5. Is there somewhere I can seek ADA enforcement/advice without first complaining to the hotel's corporate office?

6. What documentation should I begin collecting?

7. Most importantly, what protections, if any, do I have against retaliation or being told to leave after requesting an accommodation or filing an ADA complaint, considering this hotel is currently our only housing?

I'm starting to document the elevator outages and our requests for a first-floor room, but unfortunately most of our previous requests were verbal.

Any advice about what laws apply and the safest way to handle this would be greatly appreciated.