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"[D]iscrimination includes a failure to make reasonable modifications in policies, practices, or procedures, [which] are necessary . . . [for the] accommodation [of] individuals with disabilities . . ." 42 USC Sec. 12181. Definitions. Sec. 12182(b)(2)(A)(ii).
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Persons with Disabilities have Access Rights
The Americans with Disabilities Act of 1990 & 2008 (ADA) bans discrimination against persons with disabilities. All ski areas in the United States open to the public are subject to the ADA. The website ada.gov contains a wealth of information for businesses complying to the ADA. The website also has a form where one can register complaints.
Ski resorts leasing land from the U.S. Forrest Service are also required to adhere to Section 504 of the Rehabilitation Act of 1973. The USFS Accessibility Guidebook for Ski Areas is included below in Resources.
Every state in the US has laws that reinforce and enhance the ADA.
Arguments
There is a following qualifier phrase to the law quoted above, ". . . unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, [or] facilities . . ." Hundreds of ski resorts allow public or adaptive ski bike access debunking the notion that allowing a disabled person to ski bike at a ski resort would fundamentally alter the sport of skiing at that ski resort. Saying so is discriminatory.
Another argument is that ski bikes are not adaptive equipment. That argument does not hold water with iSkibike as iSkibike was specifically designed as a piece of adaptive equipment for a person with several disabilities. See our iSkibike Story.
Leashes and Tethers
We recommend that leashes and tethers NOT be used with the iSkibike. Being tethered to the skibike increases the risk of personal injury to the rider as it can pull the equipment on top of them or get snagged on obstructions if they fall. iSkibike mitigates risks to other skiers by different means than by using a tether.
iSkibike will not runaway down the hill without a rider. It is inherently prevented by the iSkibike design. Its suspension system with two inline skis prevent the bike from tracking in the snow unless there is a rider aboard. iSkibike also uses releasable ski bindings with ski-stops just like the downhill skiers.
iSkibike will not fall from the lift. The rider sits on the skibike while riding the lift and the chairlift safety-bar secures both the skibike and the rider on the chair.
The increased risk of injury to the iSkibike rider exceeds the risks to others that the tether is suppose to mitigate. We therefore recommend that leashes and tethers NOT be used with the iSkibike.
iSkibike will not runaway down the hill without a rider. It is inherently prevented by the iSkibike design. Its suspension system with two inline skis prevent the bike from tracking in the snow unless there is a rider aboard. iSkibike also uses releasable ski bindings with ski-stops just like the downhill skiers.
iSkibike will not fall from the lift. The rider sits on the skibike while riding the lift and the chairlift safety-bar secures both the skibike and the rider on the chair.
The increased risk of injury to the iSkibike rider exceeds the risks to others that the tether is suppose to mitigate. We therefore recommend that leashes and tethers NOT be used with the iSkibike.
Go Skiing
As any skier will attest, being out skiing is one of the best therapies for both body and soul. We wish all ski resorts would honor their customers with disabilities who wish to use a ski bike to be able to get out and go skiing.
For those of us with limited mobility, the sensation of sliding down a mountain is priceless. The freedom, the speed, the wind in the face and resulting adrenaline rush are coveted commodities hard to come by with a disability. -- Bob Wassom
... Whereas being on the hill is so great for body and soul, especially for disabled persons, ... committed to promoting opportunities for the disabled.
Unfortunately, elitism in the ski industry is not dead. The Alta, Utah, ski resort still bans snowboards, and some ski resorts still ban ski bikes. Fortunately, for persons who choose to use a ski bike to accommodate a disability, federal and state laws prohibiting disability discrimination also mandate that no-skibike policies be waived to provide equal skiing access to persons with disabilities. "[D]iscrimination includes a failure to make reasonable modifications in policies, practices, or procedures, [which] are necessary . . . [for the] accommodation [of] individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, [or] facilities . . ." 42 USC Sec. 12181. Definitions. Sec. 12182(b)(2)(A)(ii). Given the hundreds of ski resorts worldwide that allow public and/or adaptive ski bike access, any notion that at some random individual ski resort allowing a disabled person to ski bike would fundamentally alter the sport of skiing at that ski resort is ludicrous, and obviously discriminatory.
Vague safety 'concerns' are often cited by ski bike deniers. Legislation in all states declares skiing to be inherently dangerous. Hazards such as people or objects falling from ski lifts, collisions between participants, and terrain obstacles, are often cited in such legislation, requiring skiers to accept the risks posed by these inherent dangers in exchange for access to ski lifts and runs. Equal access for persons with disabilities requires that any additional hazards posed by disabled skiers or their equipment are among the inherent dangers all skiers must accept the risk of, in exchange for access to ski lifts and runs. Of course, all skiers, disabled or not, have the duty to ski in control, within the skier responsibility code; their ability to do so is determined by first providing access, only denying access after clearly demonstrating they are unable or unwilling to ski responsibly.
Vague safety 'concerns' are often cited by ski bike deniers. Legislation in all states declares skiing to be inherently dangerous. Hazards such as people or objects falling from ski lifts, collisions between participants, and terrain obstacles, are often cited in such legislation, requiring skiers to accept the risks posed by these inherent dangers in exchange for access to ski lifts and runs. Equal access for persons with disabilities requires that any additional hazards posed by disabled skiers or their equipment are among the inherent dangers all skiers must accept the risk of, in exchange for access to ski lifts and runs. Of course, all skiers, disabled or not, have the duty to ski in control, within the skier responsibility code; their ability to do so is determined by first providing access, only denying access after clearly demonstrating they are unable or unwilling to ski responsibly.
Not only is calling ahead to seek permission for adaptive ski biking belittling and demeaning for a person with a disability, but as often as not still results in ski resorts denying access, claiming the person on the phone misunderstood your request, or some such nonsense. The only real solution is to demand access, and insist that ski resorts follow disability discrimination laws, and receive disability discrimination training as necessary.
Federal and State laws ban discrimination against persons with disabilities. These laws mandate that public ski resorts assure persons with disabilities access, granting those who choose to use a ski bike to accommodate their disability access to all resort ski lifts and runs, by waiving any ski resort policy restricting use of ski bikes.
See, American With Disabilities Act of 1990 & 2008, and Section 504 of the Rehabilitation Act of 1973.
See, American With Disabilities Act of 1990 & 2008, and Section 504 of the Rehabilitation Act of 1973.
Bob, the owner of Shroombob LLC, engineer and designer of iSkibike, timeless ski bum and his wife's devoted caretaker, is also known as Robert Kolesar, Attorney at Law licensed in the state of Montana.
Despite his best attempts to convince management personnel, several ski resorts have contested their clear legal obligation to provide access to ski lifts and runs for persons who choose to use a ski bike to accommodate a disability. Each time, State Human Rights Investigators have determined that it is discriminatory to exclude disabled individuals using ski bikes. For Bob, hope springs eternal: That these investigative findings, and the simple enjoyment being experienced by disabled individuals using their ski bikes for skiing access, would be enough to convince everyone. Unfortunately, litigation may spring eternal more easily than hope.
"For those of us with limited mobility, the sensation of sliding down a mountain is priceless. The freedom, the speed, the wind in the face and resulting adrenaline rush are coveted commodities hard to come by with a disability." -- Bob Wassom
Despite his best attempts to convince management personnel, several ski resorts have contested their clear legal obligation to provide access to ski lifts and runs for persons who choose to use a ski bike to accommodate a disability. Each time, State Human Rights Investigators have determined that it is discriminatory to exclude disabled individuals using ski bikes. For Bob, hope springs eternal: That these investigative findings, and the simple enjoyment being experienced by disabled individuals using their ski bikes for skiing access, would be enough to convince everyone. Unfortunately, litigation may spring eternal more easily than hope.
"For those of us with limited mobility, the sensation of sliding down a mountain is priceless. The freedom, the speed, the wind in the face and resulting adrenaline rush are coveted commodities hard to come by with a disability." -- Bob Wassom
Resources
Accessibility Guidebook for Ski Areas Operating on Public Lands
Ski areas operating under special-use authorization from the Forest Service are required to comply with both the Americans with Disabilities Act of 1990 & 2008 and Section 504 of the Rehabilitation Act of 1973. All ski resorts open to the public are required to comply with the Americans With Disabilities Act of 1990 & 2008, and with their own state's anti-discrimination laws. This USFS Accessibility Guidebook provides authoritative information and guidance to any ski area or resort manager wanting to fully understand and comply with their statutory duties to disabled individuals.
| Accessibility Guidebook for Ski Areas |
State Human Rights - Investigative Findings
Neutral human rights investigators appointed under state anti-discrimination laws, even in very conservative jurisdictions like Idaho and Montana, have found that policies denying access to ski resort lifts and runs for disabled individuals using ski bikes are discriminatory.
| Idaho Human Rights Commission - Denying Ski Bike Access is Illegal Disability Discrimnation |
| Montana Human Rights Bureau- Denying Ski Bike Access is Illegal Disability Discrimnation |
Publicizing Adaptive Access Policies
To fully comply with anti-discrimination laws, ski resorts should adopt, and prominently publish, adaptive access policies on web sites, and where equipment policy and skier responsibility notices are posted on resort property. Bob has prepared a Model Adaptive Access Policy to assure disabled skiers understand their rights under federal and state anti-discrimination laws, and to assist ski resorts in preparing legally compliant adaptive access policies.
| Model Adaptive Access Policy [2021] |
