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A class action lawsuit has been filed against Extended Stay America from a guest who claims that the hotel chain doesn’t offer enough rooming options for those with disabilities.
Plaintiff Bartley M. Mullen, Jr. says that the hotel does not offer amenities that are the same for those without disabilities, which violates Title III of the Americans With Disabilities Act (ADA). These options include the type of guest rooms and the number of beds.
The plaintiff has double, above-the-knee leg amputations and uses a wheelchair to move around. In the summer of 2019, Mullen says he attempted to book a room at a defendant’s hotel in Pittsburgh.
The plaintiff tried to book a guest room with a king-size bed and found out that Extended Stay America offers few options for accessible guest rooms at that hotel.
“Specifically, while Defendants offer guests without disabilities rooms with full size beds, multiple beds, and king sized beds, the only option for individuals with mobility disabilities are guest rooms with one queen sized bed,” the Extended Stay America class action lawsuit claims.
Also, Mullen alleges that he was not able to determine whether the purported accessible guest rooms met his needs because the defendants online reservation system has “limited generic descriptions” of the accessible features of the guest rooms.
In addition, the plaintiff claims that Extended Stay America does not offer individuals with disabilities with reservation service that is ADA compliant. This service will allow those with disabilities to determine whether the guest rooms meet the needs of those with disabilities.
“In failing to provide accessible rooms with the same options and amenities offered to guests without disabilities and ADA-compliant reservation services, Defendants have engaged in illegal discrimination, excluded and deterred individuals with disabilities from patronizing Defendants’ hotels, and denied individuals with disabilities full and equal access to the goods, services, facilities, privileges, advantages, and accommodations that Defendants offer to individuals without disabilities,” the Extended Stay America class action lawsuit alleges.
The plaintiff states that ADA regulations require hotels to supply a certain number of rooms and suites that are accessible to those with disabilities, which is determined on a sliding scale based on the total number of offered rooms.
The Extended Stay America class action lawsuit alleges that the plaintiff’s experiences with the online reservation system makes him “frustrated and deterred” due to the limited information available.
Also, he claims that he was “further demoralized that he could not reserve the type of guest room he was seeking and that his only option for an accessible guest room was so limited,” the plaintiff states.
The Extended Stay America class action claims that nearly all of the defendants’ hotels do not provide enough accessible guest rooms in contrast to guest rooms available to those without disabilities.
In fact, the plaintiff states that an investigation shows that other hotels owned by the defendant do not provide a range of accessible guest room options compared to those offered to other guests.
That said, “Despite Defendants’ demanding standards for all of their hotels, and the fact that Defendants oversee and inspect individual hotels on a regular basis and require those hotels to implement changes necessary to fix existing problems, Defendants continue to operate and permit their hotels to remain in violation of the ADA,” the Extended Stay America class action lawsuit claims.
Have you found that Extended Stay America does not offer comparable rooms for those who are disabled? Leave a message in the comments section below.
The plaintiff is represented by R. Bruce Carlson, Kelly K. Iverson, and Bryan A. Fox of Carlson Lynch LLP.
The Extended Stay America Class Action Lawsuit is Bartley M. Mullen, Jr. v. Extended Stay America Inc., et al., Case No. 2:19-cv-01254-NR, in the U.S. District Court for the Western District of Pennsylvania.
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73 thoughts onExtended Stay America Class Action Alleges Lack of ADA Rooms
Tuesday, October 22, 2019; Include US! Extended Stay America all their other affiliates also (look at the name, America, meaning everyone who is in America, no matter what your race/disability/ability is; they first need change their names; WE drove up to one of these 2017 coming off the road before dark to get a room just to rest from tiredness & be on our way to our destination; we never saw any signs accommodating citizens with a disability; we asked for a room on the first floor, which they were availabIe, they kept trying to put us on the 3rd or 4th floor, I’m informing them my husband has a disability we want to be closer to the front desk just in-case, and to prevent me from having to come down so far to obtain this or that, because I cannot leave my husband alone, he suffers with traumatic brain injury & seizures. The employee behind the desk, keeps telling me this all they have, their parking lot was empty. We left, ADA needs also be held accountable for not yearly going around to all medical facilities/businesses/restaurants/Hotels/Motels/Suites//Inns etc., ensuring all owners comply to the ADA policies & for the owners to ensure the builders include accessibility for anyone who is disabled, & if you are not disability (these add-ons/updates will prevent this) may be you today, me tomorrow, being in a disposition (disability from a slip or fall, car accidents, or born with a disability which we all pray & Wish never happens) who knows when; my husband & I tried to reason with the employees on staff that evening, but they did only what they were trained to do, sell rooms. We all need to sue them & the ADA, there are a couple of places that need to be added to this lawsuit. Gladys Rancher
Include me! I rented a room in 2017, specifically downstairs due to my mobility issues. It had to be cleaned before they would give me the key, so I returned to the house I was moving from to pack some more things. When I returned to the hotel, they had given away my room,(that was paid for..for a whole week). They had no ice machine and the food that was from my refrigerator, (which was just placed in storage), spoiled, leaving my car smelling of rotten chicken. I had to wait 2 days for another room downstairs.
I stayed there for a month, and at the opposite end of the property from the office. They offered no housekeeping, and refused linen exchange unless I brought the dirty linens to the office, which I was unable to do. They suggested that I walk around looking for someone from Housekeeping, but I couldn’t do that either,due to my disability. When I set the soiled linens outside the door, I was rudely awakened by the staff at 6:30 am, by them beating on the door and ordering me to pick them up, then again 30 minutes later,.but never received any clean linens.
It is true about the availability on there rooms for the disability people. I was staying at one in Houston TX about a couple of years ago and I had to go to another room and had to pay more than when I needed a handicap room cause I couldn’t walk that far and etc. I don’t understand why they charge more when the room you’ve paid for is not it. I would love to be compisated for the money we paid to stay in a Queen size room an know where near the elevator neither.
I stayed at 2 different Extended stays in Phoenix Arizona with my special needs daughter who is a wheelchair. They put me in a room that was on the second floor outside with no elevator access and so I had to carry her up two flights of stairs and then break her wheelchair down and carry it up in pieces. I had to stay 3 days under these conditions. It was ridiculous. They claim because insurance was paying for that that was the only option I had out of rooms available.
Put my disabled mother in an Extended Stay for a week during a family reunion and were surprised that they were unable to meet any of her needs during the entire week. The disability room she was put in was on the upper floor, no walk in shower, no shower chair no handrails to help her anywhere.
I have stayed at the one in wilkes barre, pa..
They are by no means complaint. An they don’t have enough rooms either. The few they had were taken by long term guest.
extended stay is a budget hotel. so i understand they cant have everything. but they should have it where ada people can be accommodated. like having the front office help open the door.
I have a bad back and sprained neck and there were no accommodations
It’s true. Extended Stay America hotels aren’t ADA compliant. I’ve stayed in some and have been offered only standard rooms and rooms with queen size beds.
Also, the front doors aren’t automated. If you’re disabled there isn’t a button to push to automatically open the doors. If you’re in a wheelchair and are pushing luggage, it’s impossible to get the doors open and bring in your luggage at the same time.
And the front counters aren’t ADA compliant.
My husband and I were going to a wedding in NC last weekend and I tried to book with Extended Stay and was unable to because there were no more ADA rooms but plenty of standard rooms. We ended up staying at a hotel that had a toilet that was low to the floor but a roll-in shower and a grab bar. I was very disappointed but took what we had to in order to attend the wedding.