Do all ADA laws apply on tribal land? And how do I get help?

by **hagaleah** » Wed Dec 14, 2011 8:15 am

I live in California, and I frequent a local, tribal casino/hotel that offers me free nights at the casino hotel each week. I have two service dogs, a Chihuahua and a Shepherd mix, that perform individually specialized tasks and also some of the same tasks. I have been coming to this casino over a year, and I have never been allowed to bring my larger dog into the main casino or restaurants. She has had to stay in my room when I go anywhere else. My Chihuahua only, is allowed with me at all times. This is very hard on her as she has to work twice as long and hard. My larger dog has NEVER caused trouble, made noise or a mess in the room. Her behaviour is exemplary! However, now I'm being told that I cannot leave her in the room unattended either! I feel harassed! Also, when I first started coming here, I had my Physician fax confirmation of my disability and service i to the casino at their request. Almost a year later, my dogs and I stayed at their hotel for four nights in a row. Upon my return, I was told I had to pay $125 fee because there was "excessive" dog hair, and that the room smelled "doggy", AND, I would not be allowed to stay again until my Physician sent ANOTHER letter re: my disability and need for service animals! Both dogs are short haired and very clean. I'm sure there are people that leave the rooms smelling less than fresh. Do they get charged? Or are the Windows opened and spray used? And if someone cuts their hair and leaves some in tthe sink, on the floor and counter, are they charged? Or is it wiped up? And can a little dog hair and scent be called damage? I used to love coming here. The Casino and it's employees made me feel like family. Now, I feel like I'm being nit-picked apart, and harrassed.

by **edmondo93** » Wed Dec 14, 2011 8:17 am

Just out of curiosity, what does the Chihuahua do?

Anyway, I'm not sure that the ADA applies on tribal land. I've never seen a wheelchair ramp on a teepee, have you?

by **advent** » Wed Dec 14, 2011 8:19 am

ADA laws do NOT apply to tribal land.

by **dent81** » Wed Dec 14, 2011 8:28 am

lol what service can a fcuking chihuahua provide ?

by **banys** » Wed Dec 14, 2011 8:37 am

No, the ADA does not apply to tribal land. Tribal land is considered separate and is exempt from many/most federal laws. There are other places that are exempt. For example, churches and private clubs are exempt. Also, federal courts can refuse access to a service dog (it is up to the judge). Service dogs can also be denied in "clean rooms" and other sterile environments (ICU, surgical suites, microchip factories, etc...)

by **corcoran42** » Wed Dec 14, 2011 8:38 am

Unfortunately, ADA law doesn't apply on tribal land. Both Title VII35 and the Americans with Disabilities Act (ADA) expressly exclude Indian tribes.

http://www.adasoutheast.org/ada/training/Tribal.txt
http://library.findlaw.com/2003/Mar/24/132651.html

"Because federal policy currently encourages tribal sovereignty and has moved toward helping tribes become autonomous, tribal governments are excluded from complying with much federal legislation, including the ADA. In general, most tribes are sovereign nations with legal authority and responsibility for their people and lands........This means that, under current Federal law, for the ADA to apply on tribal lands(1) either a separate negotiation must be conducted with each of the approximately 547 tribes currently recognized by the Federal government or the tribes must initiate the process for themselves."

It sucks that you've been treated this way. If this had happened pretty much anywhere else you'd have one hell of a winning lawsuit.

Advertisments: