Barry Dobner was looking forward to his birthday vacation in Greece with his wife and a friend. Sadly he never got further than the Manchester airport. Dobner, who is 79 years old, uses a wheelchair due to a stroke. And according to the Dobners, they informed easyJet of this when they made their booking.
And it all seemingly went well when they boarded their flight in Manchester, as Dobner received the required assistance to transfer to the aisle chair and then transfer to his aircraft seat. And then this wheelchair-user was denied passage on easyJet.
So how did the issue arise that led to him being deplaned? Well apparently either the flight attendant or a passenger overheard someone in Dobner’s party talking about a portable urinal that was stowed in a carry-on bag. Subsequently a flight attendant approached the Dobner party to question them about it; and his wife subsequently informed the flight attendant that yes, they were indeed carrying a portable urinal.
The flight attendant left, and then returned a few minutes later and asked if Mr. Dobner could walk to the toilet. When he replied that he couldn’t — remember he was boarded in an aisle chair — he was told that he would have to deplane.
So What Happened?
Why was this wheelchair-user denied passage on easyJet?
Well according to easyJet it was because he couldn’t get to the lavatory. Now granted they did have an aisle chair on board the aircraft, but according to easyJet, the flight attendants cannot assist with transfers inflight,. They can however push the aisle chair to the lavatory.
It’s unclear if the flight attendant ever asked Dobner if he could transfer unassisted to the aisle chair. Instead she asked if he could “walk to the bathroom”. And quite frankly those are two total different questions. Although Dobner could not walk to the bathroom, he may have been able to transfer to the aisle chair by himself, or with assistance from someone in his party. But apparently that question wasn’t asked.
Generally speaking most flight attendants don’t ask if you can walk to the bathroom if you board in an aisle chair. But apparently the discovery of the portable urinal escalated the issue, and prompted that discussion.
easyJet subsequently issued an apology to the Dobner party for the denied boarding, and then issued a full refund.
But that doesn’t erase the fact that this incident happened. easyJet has had a number of denied boarding incidents for disabled passengers over the years, so it certainly wouldn’t be my first choice for an airline. That said, if you do fly them, it’s a good idea to keep quiet about the portable urinal you may or may not be carrying.
Play it safe — mums the word, when it comes to a portable urinal. Especially on easyJet! And for more tips about flying with a wheelchair, visit www.EmergingHorizons.
Last month Elaine Perez-Pena was arrested at O’Hare International Airport for smuggling cocaine. I guess that’s not big news by itself, but to add a little twist to the story, Perez-Pena is supposedly a wheelchair-user — or at least she had a wheelchair in her possession at the time of her arrest. She later admitted that she really didn’t physically require a wheelchair, and the only purpose of her assistive device was to conceal illegal drugs.
Cocaine in the Cushions
So here’s how the smuggling bust went down. Perez-Pena was selected for a secondary inspection after she deplaned in Chicago, not because she was a wheelchair-user, but because she was previously convicted of drug smuggling in 2022. So they gave her luggage a through once-over, and put her wheelchair through the x-ray machine. Although nothing was found in her luggage, there were some abnormalities in the wheelchair cushions X-rays. Subsequently a drug-sniffing dog alerted to the wheelchair, so the authorities tore it apart and found an impressive 14 kilograms of cocaine.
This incident was quite a step up from her last endeavor in 2021, when she concealed a mere three kilograms of cocaine in her luggage on her return from the Dominican Republic. She pleaded guilty to that offense and ended up with “time served” which was about nine months in jail. Perhaps she’ll be in custody a little longer for this offense.
Increased Scrutiny for Wheelchair-Users?
Of course since Perez-Pena used a wheelchair to smuggle her goods, many folks are wondering if wheelchair-users will now receive closer scrutiny when passing through airport security checkpoints in the US? I don’t really think so. Don’t get me wrong, I’m sure every TSA employee in the country is aware of this wheelchair-related bust, so they’ll be more aware of the possibility that assistive devices can be used to conceal drugs. That said, Perez-Pena isn’t the first person hide contraband in a wheelchair, so I think this incident will serve as a gentle reminder rather than a great revelation.
For example, in September 2024, a passenger’s power wheelchair was flagged for secondary screening at George Bush Intercontinental Airport, due to unusually large cushions. After an x-ray revealed a hidden metal compartment, the wheelchair was more closely examined and 12 kilos of cocaine were uncovered.
And then there was the traveler at JFK International Airport in New York, who tried to hide over $450,000 of cocaine in her wheelchair wheels. She was flagged for secondary screening when a TSA agent noticed that some of her wheelchair wheels were not turning. That was a big red flag!
So although wheelchair-users may receive a closer look from TSA agents, they probably won’t be flagged for a more intensive screening unless some anomalies are spotted. Or if the wheelchair-user happens to be a convicted smuggler.
What to Expect at Security Checkpoints
Security checkpoints are a necessary evil of modern airline travel, but on the plus side the TSA has specific guidelines about how to professionally and respectfully screen wheelchair-users.
And although TSA PreCheck can help streamline the process a bit, there are still some limitations of that program for wheelchair-users. The good news is that you don’t have to remove your shoes, belts, laptops or liquids when you go through the TSA PreCheck line. And that makes the whole screening process a lot easier for everyone.
That said if you cannot stand and walk through the metal detector — in any line — you will need to undergo a manual pat down. And if there is any sort of flag or alarm during the pat down, then your personal property, carry on and wheelchair may be subject to additional screening. So suffice it to say that if your cushion looks like an overstuffed chair, or the wheels on your wheelchair don’t turn, then it’s off to the x-ray machine for your equipment. And most likely a drug-sniffing dog will also be called in to check your personal property if you are suspected of smuggling.
But for the majority of wheelchair-users, the security checkpoint won’t present any problems. That said, it pays to be prepared, so check out these handy tips before you hit the security checkpoint on your next trip. (https://emerginghorizons.com/the-disabled-traveler-and-airport-security).
These ACAA changes would make air travel safer and more comfortable for slow walkers and wheelchair users. The ACAA changes were scheduled to be implemented in 2025, and they include important items such as the prompt return of wheelchairs upon arrival, promptly repairing damaged wheelchairs and providing appropriate rentals (https://emerginghorizons.com/2025-air-carrier-access-act-updates/).
And because of this litigation, these ACAA changes are all on hold.
Interestingly enough, many of the airlines that are publicly opposing these access regulations have previously claimed to be working hard towards making the whole air travel experience easier for disabled passengers.
So my question to them is, are they REALLY committed to improving wheelchair access in the air?
What Airlines Oppose the ACAA Changes?
The plaintiffs in this case include the member organization Airlines for America (AIA), as well as five airlines — United, American, Delta, JetBlue and Southwest. The filing is a bit redundant, as AIA includes those five airlines as well as Alaska Airlines, Hawaiian Airlines and Atlas Air.
So what exactly is AIA? According to their website, this member organization “advocates on behalf of its members to shape crucial policies and measures that promote safety, security and a healthy U.S. airline industry.” In short, it’s basically a trade association headquartered in Washington DC.
Ironically, AIA also has a section devoted to accessibility on its website, which proudly states that “member airlines are dedicated to providing accessible air travel to all passengers”. It goes on to state that their member airlines ” have long been engaged in a variety of initiatives to increase air travel accessibility and meet or exceed all DOT accommodation standards.”
Of course my question is, if they are so devoted to accessibility, then why are they opposing the DOT’s latest updates to the ACAA — updates that will make air travel safer and more comfortable for many wheelchair-users and slow walkers.
Sounds like a bunch of wolves in sheep’s clothing to me.
Delta Airlines
Although Delta Airlines is a member of AIA, they are also listed as an individual plaintiff in the ACAA case. And they deserve a special mention because of all the press they have received in the past few years for trying to improve access for wheelchair-users. More specifically Delta Flight Products, which is a subsidiary of Delta Airlines, has worked on a cabin design that would allow passengers to remain in their own wheelchairs for their flights.
And boy do they ever have a great PR department, because they have been all over the news, with tons of mainstream coverage, as well as photo ops by a passel of bloggers that happen to use wheelchairs or fly with someone that does.
Delta Flight Products is very proud of their work. They proudly extoll their dedication to making air travel a comfortable reality for more wheelchair-users on their website. Their statement reads, “Delta Flight Products’ applications, which could ultimately enable this first-of-its-kind seat to be installed on an aircraft, is a remarkable milestone in the industry’s journey to make travel more inclusive for all. Delta has long pioneered efforts to increase air travel accessibility and will continue to invest in technology and innovation to support all our customers.”
And when they failed to properly accommodate a disabled passenger in 2022, Delta reaffirmed their commitment to access. Their statement proudly declared, “We believe travel is for everyone, and it is our priority to deliver the best service and ensure accessibility for all Delta customers.”
So again I ask, why is a company that has “pioneered efforts to increase air travel accessibility” and makes it a “priority to deliver the best service and ensure accessibility” a plaintiff in this lawsuit?
The Other Plaintiffs
To be fair, Delta is not the only plaintiff that professes to support safe and comfortable wheelchair access in the skies.
Let’s start with United Airlines. This one is a bit of a puzzler to me, because back in April 2024 United was in the news everywhere for launching their new wheelchair-sizing tool (https://emerginghorizons.com/new-united-airlines-wheelchair-sizer-tool-unveiled/). Granted it was the result of an ACAA complaint, but the end result was a digital tool that helps wheelchair-users select flights that can accommodate their specific assistive devices.
And United execs bragged about their accomplishment. “By offering customers an easy way to know if their personal wheelchair fits on a particular airplane, we can give them the peace of mind they deserve when they fly with us,” United executive vice president and chief customer officer Linda Jojo said in a statement.
Then why is United a party to the current lawsuit that objects to — among other things — the new ACAA regulation that requires airlines to publish the dimensions of their cargo holds so wheelchair-users can determine if they can accommodated their wheelchairs?
And let’s not leave out American Airlines. After they were fined by the DOT in 2024 for their treatment of disabled passengers, they put a positive spin on it all, when a senior vice president said, “Today’s agreement reaffirms American’s commitment to taking care of all of our customers.”
And again, if they have such a big commitment to “all” of their customers, then why are they a party to this lawsuit; a lawsuit, which if successful will take away the rights of “some” of their customers.
Time Will Tell for ACAA Changes
In the end, time will tell how this lawsuit will end. If the court decides to throw it back in the DOT’s lap to rework things “according to the procedural rules,” then we could see an entirely different version of this ACAA update.
On the other hand, there’s a slim possibility that the court will rule in the DOT’s favor and the regulations will stand as previously released.
Either way, don’t let the PR spins fool you. The plaintiff airlines definitely do not want to see improved access in the air. And that’s something to remember when you choose an airline for your next vacation.
Although some welcome access updates to the Air Carrier Access Act (ACAA) were released in December 2024, there’s been a slight glitch in the implementation of these new regulations. It seems that the airlines have commenced legal action to prevent the ACAA updates from being enacted.
The Airlines Argument
These new ACAA updates (https://emerginghorizons.com/2025-air-carrier-access-act-updates/), which were released by the Department of Transportation (DOT) on December 17, 2024, include stricter guidelines for the repair of damaged wheelchairs and improvement of communication with passengers who check their mobility devices. They also include some general regulations for insuring the prompt return of checked wheelchairs, informing passengers of the dimensions of the aircraft hold and generally updating the policies regarding flying with a wheelchair. Collectively they were seen as a huge improvement for wheelchair-users and slow walkers who take to the skies.
But the airlines didn’t exactly share the enthusiasm for these ACAA updates that was generated by the disabled community. In fact, five American airlines — United, American, Delta, JetBlue and Southwest — have filed a petition in the Fifth Circuit Court of Appeals for a review of the new ACAA updates. Also included as a plaintiff is Airlines for America, an organization that includes the above carriers as well as Alaska Airlines, Hawaiian Airlines and Atlas Air. In short, these airlines have asked the court to set aside the new rule because the provisions in it exceeded the DOT’s statutory authority.
Specifically they claim that the rule violates the Administrative Procedure Act. (APA) This act requires a reviewing court to set aside agency actions that are found to be “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law”.
Venue Could Make a Difference
I find it interesting that this petition was filed in the Fifth Circuit Court of Appeals, which is headquartered in New Orleans. The Fifth Circuit includes Louisiana, Texas and Mississippi. Two of the plaintiff airlines — American Airlines and Southwest Airlines — are headquartered in that district. American Airlines home offices are in Fort Worth, while Southwest Airlines calls Dallas home.
On the surface it would seem logical to file in the district where two of the plaintiffs are located. On the other hand, it left me scratching my head a bit because the attorneys are located in New York. And not only is New York located a fair distance from New Orleans, but JetBlue also has its home office in New York. So why didn’t the plaintiff’s attorneys file in New York? It seems like that would be easier for everyone.
Then I looked at the recent court decisions of the Fifth Circuit, and one really stood out. It was another DOT case. On January 28, 2025 the Fifth Circuit Court of Appeals ruled that the DOT failed to comply with the APA in their fare disclosure regulation. That regulation was then remanded back to the DOT so they could make appropriate changes to comply with the law
In other words, the court ruled against the DOT. And if they did that once, then perhaps the attorneys for the plaintiffs were hoping that’s how it would go with this case.
What Happens Next?
Now that the papers have been filed we basically have to wait until the plaintiffs present their case to the Fifth Circuit Court of Appeals. And then the court will either rule that it stands, or it will throw it out; or like in the fare disclosure regulation, it will be sent back to the DOT with instructions to fix it.
Time will only tell. Until then the new ACAA updates are on hold, and because the regulation has been challenged they will not go into effect as previously outlined.
And so we wait. Hopefully this issue will be resolved soon.
I’ve been covering accessible travel for nearly 30 years, and in that time I have most certainly seen a lot of changes. Travel really is more accessible today for wheelchair-users and slow walkers. Granted, if you are in your 30s, you probably don’t remember what things were like decades ago with the archaic attitudes about disability — before the ADA and other laws made access possible. If that’s the case I totally understand why you feel things are still not accessible enough, as that’s a fair assessment from your perspective.
If you follow accessible travel at all, you’ve probably noticed an uptick of articles about the possibility of staying in your own wheelchair to fly. A few airlines have released prototypes of “accessible” flip up seating units with wheelchair tie-downs; and a number of disability rights organizations have championed the “flying in your wheelchair” movement.
Enacted in 1986, the Air Carrier Access Act, covers access-related travel issues on all US airlines, and on foreign airlines on flights to and from the US. And as with many regulations, it’s continually updated. The 2025 Air Carrier Act updates include minor wording changes and definitions, updated training requirements, and some specific changes in existing regulations. This update of the regulations focuses mainly on preventing and mitigating wheelchair damage, and providing timely and appropriate repairs when it does occur. Here are the highlights of what to expect in 2025. These 2025 Air Carrier Access Act Updates will take effect January 16, 2025 unless otherwise noted.
Notification upon Loading Wheelchair
As of December 17, 2025, airlines covered by the Air Carrier Access Act will be required to notify passengers when their assistive devices have been loaded and unloaded from the cargo hold.
Publication of Cargo Hold Dimensions
Airlines will be required to publish the dimensions of their cargo holds — and any limitations they may have — on their websites. This applies to all the aircraft in their fleet.
Prompt Return of Delayed Assistive Devices
As of June 6, 2025 airlines will be required to deliver delayed assistive devices within 24 hours for a domestic flight, 12 hours for an international flight, and 30 hours for a long international flight (more than 12 hours). The passenger will have the choice of picking up the delayed assistive device at the airport or having it delivered to a reasonable location.
Reimbursement For Accessible Ground Transportation
Passengers will be reimbursed for accessible ground transportation should they decide to pick up their delayed assistive device at the airport.
Prompt Repair or Replacement of Damaged Assistive Devices
As of March 17, 2025 carriers must offer passengers a choice in regards to repair or replacement of damaged assistive devices. Passengers can opt to have the carrier arrange for repair or replacement, or the passenger can arrange for repair or replacement at their chosen vendor. If the latter option is chosen, the carrier will transport the assistive device to the repair location and pay for the needed repairs.
It should be noted that the Montreal Convention still remains in effect for the liability limits for assistive devices damaged or lost on international flights. The carrier liability limit for this is $1731.
Appropriate Loaner Wheelchairs
If the airline provides a loaner assistive device because of loss or damage, and it does not meet the passenger’s needs, the passenger can find an appropriate substitute elsewhere. If this happens, the airline must reimburse the passenger for the rental within 30 days. The airline can require receipts, invoices or other documentation.
Rebooking Requirements for Service Failures
If a passenger’s assistive device will not fit into the cargo hold, the airline must book the passenger on the next available flight that can accommodate it. This will be done at no additional charge, even if a partner carrier is used.
New Onboard Wheelchair Standards
Finally, the 2025 Air Carrier Access Act updates include requirements for new safety standards and accessibility features for on-board wheelchairs. These include adequate padding, locking wheels, restraints and new size requirements. They go into effect for new aisle chairs purchased on twin aisle aircraft and aircraft with over 60 seats on October 2, 2026. And they go into effect for all other covered aircraft on October 2, 2031.
Have you ever become frustrated at not being able to find wheelchair-accessible taxis in New York City? Well, your not alone. And this problem goes back decades. In 2011 a group of disabled advocates finally got together and decided to do something about it. At that time only 2% of active taxi medallions were assigned to accessible vehicles in New York City. So a class action lawsuit was filed against the New York City Taxi and Limousine Commission (TLC) for their failure to adequately provide wheelchair-accessible taxis in New York City.
Wheelchair-Accessible Taxis in New York City Ruling
And the result of this litigation was a groundbreaking settlement agreement on May 30, 2014. The settlement agreement required the TLC to make at least 50% of its fleet wheelchair-accessible by 2020. And 2020 seemed like a long way away in 2014. Six years later when the deadline rolled around, guess what? Only 42% of New York City cabs were wheelchair accessible.
So off to court they went again. This time the plaintiffs (Taxis for All, Dr. Simi Linton, United Spinal Association and the 504 Democratic Club) filed a motion to enforce the original agreement, while the TLC filed a motion to be relieved of it’s obligations under the agreement.
And the result was a decision that was released on August 29, 2024. The TLC was ordered to make 100% of all new taxis wheelchair-accessible, until that original 50% requirement is met. The plaintiffs also asked for a “Special Master” to be appointed to “determine what additional steps defendants can and should take to accelerate the accessibility of yellow taxis.” This was denied; however the judge stated that they may renew this request if the TLC fails to meet the Active Medallion Requirement by March 31, 2025.
So although access to taxis in New York City has greatly improved since 2011, it still has a ways to go. Thanks to all the advocates and their counsel (Disability Rights Advocates and the law firm of Sheppard, Mullin, Richter and Hampton) for pushing forward for this much needed access.
With the increased popularity of electric vehicles (EVs), more and more charging stations are popping up across the US. The problem is, because it’s a rather new development, these charging stations aren’t specifically addressed in the Americans with Disabilities Act Access Guidelines (ADAAG). In fact they aren’t even covered under any general design standards. But that’s all set to change as the US Access Board recently released their proposed Electric Vehicle Charging Station Regulations; and they are seeking public comments, from end-users, designers and builders on these preliminary regulations. So it’s time to let your voice be heard.
Proposed Electric Vehicle Charging Station Regulations
Even if you don’t use a EV, you still might want to have a look at the proposed regulations, and have your say, because once the regulations are finalized it will be too late. The public comment period is open until November 4, 2024.
And you can be darn sure that the folks that build and design these EV charging stations will certainly have their say; in fact a few of the major players have already voiced their concerns to the US Access Board. One of their concerns is about the “accessible route” to the charging stations. Their claim is that since they lease the space from parking lots and shopping centers, they don’t feel they should have to provide an accessible path of travel to them.
Another issue is size. Space is at a premium, as it’s usually leased and they of course would prefer to have a smaller space The proposed guidelines call for a minimum width of 132 inches and a minimum length of 240 inches with an access aisle. These are larger than standard parking spaces, to allow for access to the charging equipment. Of course the designers want them to be smaller. There would also be no distinction between van accessible spaces and car accessible spaces. Additionally the proposed number of accessible charging spaces will depend on the total number of charging stations.
“Use Last” Model for Accessible Spaces
The US Access Board is also seeking comments about an alternative designation of the accessible charging spaces, in their proposed Electric Vehicle Charging Station Regulations. Specifically they are asking if the “use last model” for accessible charging stations is acceptable. In this model they would require more accessible charging stations, but they would allow everyone to use the accessible spaces if all the other spaces are occupied. The accessible spaces would be labeled with the blue wheelchair pictogram, but it would also include the words “use last”. Under this model, the number of accessible charging spaces would also be increased.
So it would be like accessible bathrooms. They have all the required modifications, and usually have a blue wheelchair on the door, but they can be used by anyone if someone isn’t using it.
That model could lead to a lot of problems. First, there would have to be some sort of education to the public to help them understand the whole “use last” concept; and even then some folks would probably just use the accessible spaces because they were convenient. And to be honest, there’s no real way to enforce it.
Personally, I think it’s a bad idea, as it’s a slippery slope. Look at accessible parking for example. Even with fines, and threatened tows, there’s still an enormous problem with accessible parking abuse. Can you imagine how much worse that would be if you labeled the accessible parking spaces as “use last”?
In any case, I urge you to send your comments in to the access board, to let your voice be heard.
How to Comment
It’s pretty easy to make a public comment on the proposed Electric Vehicle Charging Station Regulations
First off, I encourage you to read a copy of the proposed Electric Vehicle Charging Station Regulations here.
You can make a public comment online at https://www.regulations.gov/document/ATBCB-2024-0001-0001. Click on “comment” to make your comment or “all comments on docket” to read comments that have already been submitted. Sometimes reading other comments can give you an idea of what to say.
Alternatively, you can submit a comment by e-mail at docket@access-board.gov. If you go this route, be sure and include include the docket number –ATBCB-2024-0001– in the subject line of the message.
And finally, you can also submit a comment by postal mail: Office of General Counsel, U.S. Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. And again, be sure and include Include the docket number — ATBCB-2024-0001– in your correspondence.
But don’t tarry, as the public comment period closes on November 4, 2024. After that they will review the comments and make decisions on the final regulations.
If you’re a member of any online group that focuses on access or disability, chances are you’ve read about more than a few “Americans with Disabilities Act (ADA) access shortfalls”. Granted, in this day and age this shouldn’t happen, but it does. Why? Well the short answer is because there’s no “ADA Police Force” that goes around and looks for access violations. For the most part, the Department of Justice (DOJ) relies on user-input to decide when and where to issue fines or take remedial action. And where does that user-input come from? In a few words, from you and the rest of the general public.
And the good news is, it’s easy to file and ADA complaint. Unfortunately most people just brush off the access shortfalls they encounter, and skip reporting them to the DOJ. It’s true that the DOJ does not move forward and take action on every single complaint; however if they don’t receive any complaints, it virtually guarantees that access shortfalls will remain unchanged. And that’s why we still encounter ADAAG code violations, over 30 years after the ADA was signed by President George Bush.
The ADA Complaint Process
It’s easy to file an ADA complaint. Just go to https://civilrights.justice.gov/report/ and complete the form. Keep it short and sweet and get right to the violation. And try to leave your emotions out of it. A well written concise complaint will get more attention than a wordy unorganized one.
After the DOT receives a complaint, they review it. If there are any questions they will contact you. At the very least they will confirm that they received your complaint.
Next they check to see if the item addressed is covered under the ADA. For example, if someone complains about the height of a hotel bed, no action is taken because bed height is not regulated by the ADA (https://emerginghorizons.com/why-the-ada-doesnt-address-bed-height/). They also make sure that the complaint is in the right department. So if they get a complaint about an air travel issue, they will not address it because air travel is covered under the Air Carrier Access Act, not the ADA.
If the DOJ does decide to move forward with an ADA complaint, there are a few ways things can go. The most popular choice is mediation. This is when they assign an impartial mediator and have the parties sit down in a neutral location and hammer out a workable solution. It’s a little time intensive, but the results are usually worth it.
Of course, the best outcome is when fines are issued or a lawsuit is initiated and remedial action is required. This tends to make companies stand up and take notice. On the other hand, some cases are not pursued. This could be because the DOJ is targeting certain violations, geographic areas or even providers. And the DOJ does look for patterns — like an increase in specific violations — so reporting ADA issues is always good.
Mediation Works!
Just for the record, I do practice what I preach, as I have filed several ADA complaints. All of them were addressed in one way or another, but one of my most successful efforts actually went to mediation.
About 15 years ago I was summoned to jury duty in a small town; and I was totally gob smacked when I discovered that there was not a single accessible restroom in the entire courthouse. I brought this to the attention of a few supervisors and the prevailing attitude seemed to be that anyone with a disability could get excused so they didn’t really need those accessible facilities. But what if they wanted to do their civic duty and serve on a jury? That option was pretty much taken away from them due to the lack of accessible restrooms.
So I filed an ADA complaint. Shortly thereafter I got a phone call saying my complaint was referred to mediation, and that I would be getting a call from the mediator. The mediator called and explained the process and set up a meeting time that worked for all parties. I was expecting something adversarial, but it was all very businesslike. I explained the problem, and of course the city folks claimed “budget issues” but in the end they realized they were obligated to provide accessible facilities at the courthouse.
And it all had a happy ending. Although it didn’t happen overnight, they redid the restrooms in the courthouse and put in a large accessible unit. In my opinion it was a win-win for everyone, and it really took very little effort on my part.
Sometimes Fines are Imposed
The DOJ can also start legal proceedings as the result of an ADA complaint. Such was the result of an ADA complaint filed by one couple against a Columbus, Ohio Holiday Inn Express (https://archive.ada.gov/badrivishal_sa.pdf).
The complaint was filed by the wife of a man who has multiple sclerosis, and requires a roll-in shower to bathe. She reserved an accessible room with a roll-in shower at the property, but when they arrived they discovered that neither of the two accessible rooms had a roll-in shower. Since her husband was unable to use the tub/shower combination in the accessible room, they were forced to relocate to another hotel during the busy Thanksgiving weekend.
The hotel claimed that they were up to code in regards to their accessible facilities; however a subsequent access audit found that there were many ADA violations. Under the DOJ agreement, the hotel was required to remove access barriers in the parking lot, building entrance, public restrooms, front desk, and the routes of travel within the hotel. They were also required to fix the access shortfalls in their accessible rooms, and add one more accessible room to the inventory.
The agreement also required additional training for the hotel staff on how to accommodate guests with a disability. And as part of the settlement, the hotel paid the couple that filed the complaint $20,000. Granted, nobody should have to endure access shortfalls like these in this day and age, but thanks to this complaint, one more property is now truly accessible to wheelchair-users.
Excuses, Excuses!
I’ve been preaching this “file an ADA complaint” mantra for several decades. Many folks are receptive to it, however few follow through with any action. I’ve gotten many excuses for this reluctance. Here are some of my favorites, along with my arguments against them.
“I addressed the issue with the manager who seemed eager to correct things.”
A good manager always makes you feel that your complaint is valid and will be addressed. It’s what happens after you leave that really matters. Many managers won’t take the time to follow up on access related issues. And even if the manager tries to pursue things, if the higher ups nix the idea it’s a no-go. Which is why it’s a good idea to file an ADA complaint, even if you also personally addressed the issue with on-site staff — to make sure that things get fixed.
“It takes too long to file a complaint.”
Everything takes time, but truly it takes less time to file and ADA complaint than to tell your story on numerous Facebook groups. It’s all about using time wisely.
“I’m not the ADA police.”
Well actually, you are. We don’t have inspectors or officials that go around looking for ADA violations, so the only way they get reported is if average citizens complain. And that means everyone!
“Nothing ever happens with these complaints. It’s just a waste of time.”
The DOJ doesn’t have the staff to address all of the complaints; however a good number are referred to mediation, and some are even pursued legally. You can’t really predict what will happen to any complaint, but you can be sure that the issue won’t be addressed if you don’t submit a complaint.
