A Devon hotelier upset a charity for the disabled when he attempted to transfer a guest with cerebral palsy into a nearby residential home.
Chris Owen, owner of the 17-bedroom Lindum Hotel in Torquay, took action when guests became uncomfortable about the difficulties a cerebral palsy sufferer was having in the dining room.
Owen said he was concerned for the safety of the guest, Bill Smith, 56, from Milton Keynes.
But Smith was not happy with alternative arrangements that were offered and went back home after one night.
James Ford, campaign director of the cerebral palsy charity Scope, said he was outraged.
"According to the 1995 act, what happened to Mr Smith was illegal", Ford said. "The law is quite specific. Refusing service to disabled people or providing the disabled with a worse service than non-disabled people is against the law".
But Owen defended his position: "Unfortunately, Mr Smith did not fully explain to us the degree of his disability so we had no opportunity to assess our ability to cope with him. Frankly, he hadn't been honest with us."
"We were told only that he needed help cutting up his food, but he was also unstable on his feet, couldn't spread butter on bread properly or make a cup of tea in his room and had to wear a waterproof apron at mealtimes.
"Certainly some of the other guests were troubled by this, but my main concern was his safety as we thought there was a possibility that he could have inflicted some kind of bodily injury on himself.
"We can deal with the disabled at the hotel, we have no problem cutting up food for guests or dealing with the deaf and dumb. Usually, our impaired guests are accompanied, either by their spouse, friends or carers.
"But in Smith's case our hotel was not staffed to cope with his demands and we were found wanting."
by Douglas Bence