Service Animals and the ADA

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Service Animals and the ADA
NYSH&TA regularly receives calls from its B&B members regarding New
York State ADA regulations relating to service animals and how they apply
to owner-occupied establishments renting five or fewer rooms compared to
the exemption provided for in Title III of the Federal ADA?
FEDERAL DEPARTMENT OF JUSTICE:
• Title III (public accommodations and commercial facilities) Title III entities must permit service animals to accompany people
with disabilities in all areas where members of the public are allowed to go
“…all places included in the meaning of such terms as: inns,
taverns, road houses, hotels, motels, whether conducted for
the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants………”
• Your establishment is covered by the ADA as a place of public
accommodation if it is a private entity and is a place of lodging
(including inns, hotels, and motels), regardless of whether it is a
for-profit or non-profit establishment. The ADA exempts from this
requirement owner-occupied establishments renting five or fewer
rooms.
Federal ADA: Allows for the States, if they so choose to
provide greater or additional protections or application of the
Federal Law. If a State were to choose to provide these protections/applications, it would have to do so through enacting
legislation and in certain cases regulations providing for the
greater protections.
New York’s ADA: There is NO reference in New York’s ADA that
specifically provides for the inclusion of owner-occupied establishments renting five or fewer rooms as “public accommodations”
ABSENT SPECIFIC STATUTORY LANGUAGE TO THE
CONTRARY, NEW YORK LAW DOES NOT PROVIDE
GREATER PROTECTIONS THAN THOSE AFFORDED BY
THE FEDERAL ADA, THEREFORE OWNER-OCCUPIED
ESTABLISHMENTS RENTING FIVE OR FEWER ROOMS
ARE EXEMPTED IN NYS (as with Federal Law) FROM ALLOWING FOR SERVICE ANIMALS FOR INDIVIDUALS
WITH DISABILITIES.
In part, New York’s ADA is applicable to the following places of
“public accommodation”:
Recipie:
Eggs Benedict Florentine
Ingredients:
• 4 eggs
• 1 teaspoon olive oil
• 1 lb fresh spinach
• 1/4 teaspoon salt
• 1/8 teaspoon pepper
• 4 slices toasted bread (Baguette, Ciabatta, sourdough or
2 English Muffins (halved))
Directions
Heat olive oil in a large skillet over medium-high heat; sauté
spinach for 2-3 minutes until wilted. Sparingly season with salt and pepper. First arrange toast on 4 serving plates and
divide spinach among slices and top. Fill sauté pan or deep skillet (or cast iron fry pan) with 2 inches of water and bring to
simmer. Gently poach eggs 3 minutes; display 1 egg on each spinach toast. Spoon hollandaise over eggs and garnish with
pinch of cayenne pepper.
Martha Stewart’s Easy Hollandaise Sauce
Ingredients:
• 3/4 cup unsalted butter
• 1/2 teaspoon salt
• 3 large egg yolks
• Pinch of cayenne pepper
• 1 teaspoon fresh lemon juice • Pinch of freshly ground black pepper
Directions
1.) Melt butter in a saucepan over low heat and let cool slightly.
2.) Add egg yolks to the jar of a blender. While the motor is running, slowly pour in the melted butter. When all of the butter
has been added, season with lemon juice, salt, cayenne and black pepper. Blend to combine.
14 | FOCUS Summer 2013
Empire State Bed & Breakfast Association
Elects New President
R
obert Matthews was recently elected president of the Empire State Bed and Breakfast Association (ESBBA). Bob
had been attending the ESBBA meetings with his wife, Sunny
Matthews of Sunny’s Roost Bed and Breakfast for the past year
and a half when he found himself nominated for the position. Officer and chair positions are normally reserved for inn-keeper/owners, but an exception was made in his case as Bob assists Sunny
with the B&B business in many ways.
State. Using these codes a visitor can readily access only the pages
of the website pertaining to the region they plan to visit, rather than
click through several pages to reach their goal. Adding QR codes
will bring more traffic to the Empire State Bed & Breakfast Association web site (www.esbba.com) and referrals to its members. All
member bed and breakfasts will be listed by region and a map will
indicate the boundaries of each region.
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Plans have been made for several self-help videos to be added to
Bob is not taking the position lightly. Already he has taken the the site to assist members in setting up their information. In addiinitiative in bringing some new ideas to the board, such as, add- tion, it reminds them of changes they need to implement on their
ing QR codes to the new 2014 rack card which will be found at sites to stay current in the ever-changing internet market.
various travel plazas and welcome centers throughout New York
The
Mill
House Inn
East Hampton, NY
The Mill House Inn is a luxury Bed & Breakfast providing fine lodging & hospitality in the historic ocean
village of East Hampton, NY. The beautiful rooms,
spectacular child & dog-friendly suites, the best breakfast in the Hamptons and dedicated professional staff
receive rave reviews from our guests and the press.
B
B
Surrounded by spectacular ocean beaches,
pristine bays and picturesque country roads,
ed
the East End of Long Island is a fisherman’s
playground, a vintner’s paradise and an artist’s inspiration. Enjoy foggy mornings, lazy
days, blazing sunsets and starlit nights. Walk
reakfast
from the East Hampton inn to world-class
restaurants, shops, galleries and theaters.
Take a scenic drive to all that the Hamptons
have to offer – from the fishing boats in Montauk to the farmers market in Amagansett, antiquing in Sag Harbor, the wineries in Bridgehampton and the mansions in Southampton! Curl up with a novel on The Mill House Inn’s front porch
overlooking the historic Old Hook Windmill or sneak away for a bit of solitude
in their lush gardens.
Spotlight
FOCUS Summer 2013 | 15