Access Rights For Persons with Disabilities
Why Are Adaptive skiers are entitled to access?
The Americans with Disabilities Act of 1990 & 2008 (ADA) bans discrimination against persons with disabilities,
(a) General rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation . . . ADA 42 USC §12182(a).
(a) General rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation . . . ADA 42 USC §12182(a).
WHY ARE ADAPTIVE SKIERS ENTITLED TO equal access?
It shall be discriminatory to afford an individual . . . on the basis of a disability . . . with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. ADA 42 USC §12182(b)(1)(A)(2)(ii).
Why resorts must waive "no - skibike" policies for disabled skibikers.
[D]iscrimination includes a failure to make reasonable modifications in policies, practices, or procedures, [which] are necessary . . . [for the] accommodation [of] individuals with disabilities . . . ADA 42 USC Sec. 12182(b)(2)(A)(ii).
who is disabled?
The term "disability" means . . . (A) a physical or mental impairment that substantially limits one or more major life activities of such individual . . . major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
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The definition of disability in this chapter shall be construed in favor of broad coverage . . . ADA 42 USC Sec. 12102
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The definition of disability in this chapter shall be construed in favor of broad coverage . . . ADA 42 USC Sec. 12102
Do i have to prove i'm disabled?
Credible assurance of disability includes a State-issued disability parking placard, a Federal disability Access Pass, other government-issued proof of disability cards, a written representation of disability prepared by a qualified medical practitioner, or a verbal representation by the skier not contradicted by observable fact.
"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
We hope all ski resorts honor their customers with disabilities who wish to use a ski bike to be able to get out and go skiing.
Resources
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. All 50 states also have laws that ban discrimination against persons with disabilities, and State Government Human Rights Bureaus investigate disability discrimination complaints and enforce access rights. Courts have determined that ski bikes are adaptive equipment and ski areas must allow their use for persons with disabilities.
American SkiBike Association
To find ski bike friendly ski resorts, the American SkiBike Association keeps a list of ski resorts who do allow ski bikes for the general public, and a partial list of ski resorts who have published policies allowing adaptive ski biking.
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] |
Alpine Responsibility Code
| alpineresponsibilitycode.png |
