AB 238

This bill prohibits hotels, inns, and motels from discriminating against dog handlers who are accompanied by search and rescue dogs in the provision of accommodations.

Under current law, a public place of accommodation, including a lodging establishment, may not refuse entrance into, or use of, or otherwise deny the full and equal enjoyment of the establishment to a person with a disability or to a service animal trainer because the person is accompanied by a service animal, unless accommodation of the service animal would result in a fundamental alteration in the nature of the accommodations, goods, or services provided or would jeopardize the safe operation of the public accommodation. Also under current law, a public accommodation may not charge a person with a disability or a trainer a higher price than the regular rate, including a deposit or surcharge, for the full and equal enjoyment of the public accommodation because the person is accompanied by a service animal, and a public accommodation is prohibited from communicating, in writing, that entrance into, the use of, or the full and equal enjoyment of the public accommodation will be denied to a person with a disability or a trainer because he or she is accompanied by a service animal or that the patronage of such a person is unwelcome, objectionable, or unacceptable because he or she is accompanied by a service animal.

In addition, current law requires a public accommodation to modify its policies, practices, and procedures to allow the full and equal enjoyment of the public accommodation by a person with a disability or a trainer who is accompanied by a service animal and requires those policies, practices, and procedures to ensure that a person with a disability or a trainer who is accompanied by a service animal is not separated from the service animal, that the service animal is allowed to accompany the person with a disability or the trainer to all areas of the public accommodation that are open to the general public, and that the person with a disability or the trainer is not segregated from other patrons of the public accommodation.

This bill provides the same protections for a dog handler who is accompanied by a search and rescue dog that is wearing a harness or cape to identify the dog as a search and rescue dog in a public accommodation that is a hotel, inn, or motel. The bill also provides that a dog handler who is accompanied by a search and rescue dog in a hotel, inn, or motel is responsible for any damage the dog causes to the establishment.