Lawsuit filed: Discrimination Against People with Disabilities?

Hotels.com faces lawsuit over accessibility; Plaintiffs claim that Hotels.com will not guaratee that wheelchairs can get into hotel rooms.

By Henry K. Lee, San Francisco Chronicle Staff Writer

Wednesday, May 23, 2007

On Tuesday, two people accused online travel agency Hotels.com in a lawsuit of discriminating against people who use a wheelchair.

The plaintiffs claim discrimination against disabled people by refusing to guarantee travel reservations for hotel rooms that are wheelchair accessible.

In a class-action lawsuit filed in Alameda County Superior Court, Judith Smith of Oakland and Bonnie Lewkowicz of Berkeley, both of whom use wheelchairs and helped found Axis Dance Company in Oakland, said Hotels.com treats accessibility as an optional "amenity," such as a king-size bed or a room with a view.

Despite making reservations online and contacting Hotels.com's customer-care representatives, the women found that wheelchair-accessible rooms aren't guaranteed, the lawsuit says. Smith and Lewkowicz use wheelchairs and tour the state and country as part of a troupe of dancers with and without disabilities.

"Thus, if an individual who depends on a wheelchair or other assistive device makes a reservation through Hotels.com, she runs a real risk that -- despite having prepaid for the room and made the reservation well in advance -- she will literally not be able to enter or use the room once she arrives at the hotel," according to the suit.

The suit seeks class-action certification and an injunction requiring Hotels.com to modify its policies and practices so that it will guarantee reservations for accessible hotel rooms.

In a statement Tuesday, Hotels.com, a subsidiary of Expedia.com of Bellevue, Wash., said, "We are aware that a lawsuit has been filed. As of this time, we have not been served or reviewed a complaint and cannot provide comment."

The suit could have nationwide implications for the online consumer travel industry, which generated $79 billion last year, said Sid Wolinsky, an attorney with Disability Rights Advocates in Berkeley, which filed the complaint with a private firm and Public Justice of Oakland.

"If people with disabilities can't use the Internet, they miss out on every possible economic opportunity," said Wolinsky, who noted that no damages are sought in the suit. "This should be a no-brainer for Hotels.com because there's a huge market of people with disabilities who want to travel just like everybody else."

The complaint alleges violation of state laws protecting the disabled and the Unruh Civil Rights Act, which prohibits businesses from discriminating against their customers on a variety of grounds.

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