Earlier this year Judith Smith, Bonnie Lewkowicz and Axis Dance Company filed a class action complaint in a California state court against the owner of Hotels.com. The plaintiffs allege “ongoing discrimination against persons with mobility disabilities who desire to, but cannot, use hotels.com’s worldwide reservation network to make reservations for hotel rooms.” The putative class includes “all individuals in California who are disabled because of a mobility impairment and therefore require an accessible room when they travel, and who have been and continue to be deterred from using hotels.com to make room reservations for accommodations in California because of hotels.com’s refusal to guarantee reservations for accessible hotel rooms.”
Basically plaintiffs allege that while persons with mobility disabilities can request an accessible room via hotels.com, they cannot search the website for an accessible room or be guaranteed that such a room will be available. Instead plaintiffs would have to wait until they arrive and check-in to learn whether a suitable room is an option. Because the plaintiffs cannot stay in a hotel room lacking certain accessibility features, they allege that they cannot use hotels.com. Plaintiffs claim that the same limitations exist when calling hotels.com’s toll-free telephone number.
The complaint alleges two state law causes of action – violations of California’s Unruh Civil Rights Act and Unfair Competition Law – and only asks for injunctive and declaratory relief (plaintiffs likely were determined to keep this case in state court).
Count I alleges that hotels.com’s “failure to allow Plaintiffs and the Class to guarantee accessible hotel rooms violates the Unruh Act by, among other things, denying Plaintiffs and the Class physical accommodations; preventing Plaintiffs and the Class from taking advantage of the reservation services hotels.com provides; and preventing Plaintiffs and the Class from benefiting from hotels.com’s guaranteed low prices.”
Count II alleges unlawful business practices (refers to Count I and alleged violations of California’s Disabled Persons Act) and unfair and deceptive business practices (claims that hotels.com’s website and other advertising is misleading to consumers). On the second point, plaintiffs’ allege that “[t]he website represents that consumers can find all the information they need and guarantee a stay at a hotel by using hotels.com’s services, but those promises do not hold true for travelers who require accessible accommodations.”
In response, Hotels.com has filed a general denial and stated that it expects to seek summary judgment and/or summary adjudication. It also will oppose the plaintiffs’ anticipated motion for class certification.
I’m curious, if someone were to call one of the hotels listed on hotels.com, could he or she get a guaranteed reservation for a room accessible to a person with a mobility disability? If anybody knows and/or tries, please drop me a line. Regardless, plaintiffs allege that they believe that hotels.com “has the ability to provide Plaintiffs and the Class with the search features and the ability to secure guaranteed reservations that they need.” I guess they hedged for a reason, because, according to plaintiffs, among the questions of law and fact common to all class members is “whether hotels.com has the ability to provide the services Plaintiffs need.” I’d certainly be surprised by a finding of liability here if the underlying hotels are unable/unwilling/not obligated to facilitate the features demanded here by plaintiffs. But I have a feeling it may not come to that. Perhaps with the recent certification of two classes in NFB v. Target in mind, last week the parties agreed to mediate their dispute. The mediation is presently scheduled for February 6, 2008 in San Francisco.
Smith v. Hotels.com L.P., California Superior Court, Alameda County, Case No. RG07327029.