New Zealand woman wins settlement after she was forced from holiday lodgings because of guide dog

From Bay of Plenty Times:

Tauranga blind woman Laura Eitjes (pictured) has won a landmark out-of-court settlement after she was forced out of her accommodation unit because she had a guide dog.

Ms Eitjes, 36, has been awarded $8000 compensation for the emotional stress she experienced while holidaying two years ago with labrador Rua and a friend.

They had already stayed one night in the lodgings when the husband and wife owners refused her a second night's lodgings because of Rua.

Although no stranger to striking resistance to Rua from services like restaurants, taxis and dairies, issues were usually resolved straight away. This time the wife stood her ground and would not listen to reason.

"It was the most blatant refusal I have ever encountered - Rua is a part of me," Ms Eitjes said

She said she felt despondent and completely humiliated.

"I don't see myself as disabled in everyday life," she said.

"Occasions like that bring home to me how some people see me as different from everyone else - as disabled."

The terms of settlement prohibits publication of the name of the business, the town where the incident occurred and type of accommodation.

Ms Eitjes said the wife was clearly unwelcoming when they arrived at the North Island town during a two-week holiday in February 2007.

Sensing hesitation, Ms Eitjes explained the law that made it unlawful to deny someone a service on the grounds of their disability.

Rua stayed inside the unit on Friday night but resistance turned to opposition when they returned on Saturday afternoon to their lodgings. Rua's bed and bowls had been shifted outside.

"I tried to explain to her that Rua was a guide dog and guide dogs had certain rights. But I was cut off at every attempt, and she flatly refused to let Rua back in."

No amount of persuasion could change the woman's mind, so the holiday makers paid their bill and moved to a motel where the owner welcomed Rua. Ms Eitjes always made it clear when she booked accommodation that she was blind and had a guide dog.

The upshot of the episode was that she complained to the Human Rights Commission which offered mediation to the two parties.

The owners unwittingly made history when they decided to take the case to the Human Rights Review Tribunal.

Robert Hesketh, the director of the Office of Human Rights Proceedings, said it was the first time that proceedings had ever been issued on behalf of a blind person being refused access to a service because of their guide dog.

The case dragged on for so long partly because the defendants decided to represent themselves and were "bewildered" by the legal processes.

Mr Hesketh said when the owners finally decided to instruct a lawyer, it led to a prompt settlement consisting of an unreserved apology and payment of $8000 compensation.

Difficulties encountered by blind people were generally sorted out at a low level of intervention, such as by the Royal New Zealand Foundation for the Blind. Failing that, complaints could be taken to the Human Rights Commission, although few were received, he said.

Ms Eitjes donated $5000 of the compensation to the Royal New Zealand Foundation of the Blind's guide dog services.

She said she felt stressed when service operators balked at Rua. Occasionally she had been forced to call police or, on one occasion, the Chief of Security at Auckland International Airport.

Ms Eitjes wants to get the message across that it was not okay for service providers to treat someone with a disability any less than someone else.

Tauranga Moteliers Association president John Masson of Macy's Motor Inn said it was common practice for motel owners to ban pets from units but a guide dog was totally different.

"This was crazy stuff. I would have no hesitation whatsoever in allowing them into to a unit."

"Laura won the battle and good on her. She did the right thing."

Ms Eitjes has been legally blind since the age of 17 from a hereditary degenerative eye disease. Her sister Paulien is three-times world blind match racing sailing champion.