Adaptive Skier Access Information
Persons with disabilities using iSkibike as adaptive equipment have access rights to ski areas regardless whether the ski area allows ski bikes or not.
Why are Adaptive Skiers 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).
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 ski areas must waive "No Skibike" policies for disabled skiers?
[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
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. 28 CFR §36.311(c)(2)