TAMPA, Fla. — A Tampa man is facing a second-degree misdemeanor charge after allegedly kicking out a woman with a service animal from his Airbnb.
Juan V. Gomez, 47, is an Airbnb host in Tampa and told Elizabeth Hartranft to leave the residence after he saw a “big dog” hours after she arrived, according to Hillsborough County court records.
She checked into the Airbnb at 4 p.m., and at 11 p.m., she was asked to leave by the host because he said he had allergies to dogs. She explained it was a service dog, but Gomez still asked her to leave and offered to refund all the money if she left immediately, records said.
However, Hartranft still would be required to pay the $500 pet fee and the $285 cleaning fee. She decided to leave so she wasn't "harrassed" more.
The fees were eventually waived due to the dog being a service animal, and Hartranft said she didn’t have to disclose that her service dog was on site, according to Airbnb.
Gomez said he understood it was a service animal and acknowledged the service dog was essential for Hartranft. Allergies and fear of animals aren’t valid reasons for denying access or refusing service to a person with a service animal, according to court records.
According to state law, a disabled individual with a service dog has the right to full and equal access to any place other people are allowed. This includes restaurants, retail establishments, hotels and transient lodging like an Airbnb. The service dog must be kept on a leash and kept under the control of the handler.
“We have policies in place protecting the rights of guests with service animals. As soon as this report was brought to our attention earlier this year, we supported our guest at the time," a statement from an Airbnb spokesperson read.
Advocates for Service Animal Partners, a group of service animal advocates, said Hartranft is from North Dakota and reached out to them after the Hillsborough County Sheriff’s Office was not helpful, according to a media release.
“I couldn’t believe how dismissive the deputy was when I told her it was a criminal offense in Florida,” said Hartranft in the release. “I gave her the statute number and even read it to her but she refused to do so much as to look it up. Rather than help me, she laughed in my face. I felt so humiliated!”
Gomez was arraigned Wednesday in a Tampa courtroom and if convicted, faces a fine up to $500, incarceration of up to six months and the performance of up to 30 hours of community service.