Know Before You Go

Wheelchair-Accessible Cruise Tips

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Cruises are an excellent choice for an accessible vacation, as most of the newer cruise ships have good wheelchair access. Additionally, you can visit many ports on a cruise, but you only have to unpack once. And cruises are also a great multigenerational vacation choice. With that in mind, here are a few helpful tips to help you plan a wheelchair-accessible cruise. 

Planning Your Wheelchair-Accessible Cruise

  • Contact the cruise line’s Special Needs Department for detailed access information or special access requests.
  • Remember to request pier assistance when you book your cruise. Disabled passengers are given priority boarding upon advance request.
  • Most ships have wheelchairs that can be borrowed for embarkation. If however , you need one full-time or ashore, you need to bring your own or arrange for a rental to be delivered to your cabin. Contact the cruise line for a list of their approved vendors.
  • Outside vendors can also provide Hoyer lifts and other medical equipment; but make user you order these from an approved vendor.
  • Some cruise lines can also provide special equipment, such as commode chairs or shower chairs, upon advance request.
  • Don’t assume all accessible cabins are the same. If you need a specific feature, such as a roll-in shower, ask if it’s available.
  • The best advice comes from people who have recently cruised, so check out the “Disabled Cruiser” section of the Cruise Critic website (cruisecritic.com). It’s an excellent place to gather information about accessible shore excursions that you can book on your own.
  • Plan ahead! Accessible cabins are in short supply so try to book at least 6-9 months in advance to get your first choice of sailing dates. Accessible balcony cabins on Alaska cruises go like hotcakes, so book those as soon as they become available.

Things to Remember

  • Slow walkers who use scooters and don’t have the need for an accessible cabin need to make sure that standard cabin doorways are wide enough to accommodate their equipment. Most cruise lines don’t allow scooters to be parked in hallways.
  • If you use a power wheelchair or scooter, make sure the electrical supply on the ship is compatible with your battery charger. It’s also a good idea to pack an extension cord and a power strip, as electric outlets are limited.
  • If you use a scooter or a wheelchair, request a table near the door in the dining room. There’s very little space between the tables, and the closer to the entrance you are, the easier it will be navigate.
  • Become familiar with the tendering procedures of your preferred cruise line. Some cruise lines hand-carry wheelchair-users aboard tenders, some use mechanical devices and some do not permit power wheelchair-users to tender at all.
  • It’s also important to recognize that any port has the potential to become a tender port, due to port traffic and conditions. 
  • Ask a lot of questions about ship sponsored shore excursions. In some cases you have to be able to climb up the steps of a tour bus in order to participate. Do your research and plan your own accessible shore excursions if possible.
  • It’s also important to plan your shore excursion as far in advance as possible. In some ports they are very limited, and they are usually not available for last minute bookings.

Once Aboard

  • If you’d like to use the pool, make sure the lift is in working order on the first day. If it’s not, then report it, so the crew will have plenty of time to recharge or repair it.
  • If you take along a manual wheelchair, mark it clearly with your name or personalize it in some way, so it won’t be mistaken for one of the ship’s wheelchairs.
  • Take a tour of the ship on the first day and locate the accessible restrooms on each deck. Make note of the locations for future use.
  • Last but not least, if you use a power wheelchair or scooter, consider bringing along a manual wheelchair for use in port. This is especially helpful in Caribbean ports, where it’s difficult to find lift-equipped transportation.
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Flying with a Child Who Lacks Trunk Support

Flying with a Child Who Lacks Trunk Support

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Required Labeling

Flying with a child who lacks trunk support may appear impossible at first glance. Although the process is manageable with infants, as children grow it can become more difficult. That said, with a bit of research, preparation and education, flying can become a reality for toddlers, teens and even young adults who lack trunk support. With that in mind, here’s what you need to know to have a safe and comfortable flight.

Infants

Infants are pretty easy, as far as air travel is concerned. Basically you just need to bring along a Federal Aviation Association (FAA) approved Child Restraint System (CRS) – more commonly known as a car seat. It can be a forward or rear facing model, but it must have two FAA approved labels on it. One label must include the text, “This child restraint system conforms to all applicable federal motor vehicle safety standards”. The other label must include (in red) the text “This restraint is certified for use in motor vehicles and aircraft.” Alternatively, it’s acceptable to have the two labels merged into one if all the appropriate text is included.

It’s important to remember that under FAA regulations, no carrier may prohibit a child (any passenger under 18) from using an approved CRS as long as they have purchased a seat, fall within the manufacturer’s height and weight limits for the CRS, and are accompanied by a parent or guardian.

Toddlers

As a child that lacks trunk support grows, parents have to explore other options. The FAA limits what type of seating devices may be brought aboard the aircraft, but many parents use neck pillows, towels and blankets to help support their children. Seating the child next to the window sometimes helps too, as they can lean on it for support. That said, you have to be careful with what you bring aboard, because unless it’s FAA-approved, any homemade device that straps to the seat or is too big and bulky will usually get the boot.

The CARES Harness (amsafe.com/kidsflysafe-com/) may be an option for some children. This FAA-approved harness straps to the seat and can be used on children over one year old who weight between 22 and 44 pounds and can sit in their own seat.

Another option is buy a first-class seat and physically help help the child maintain his balance during takeoff and landing. After that he can recline, and because of the extra room in first-class, the seat goes back further.

A number of companies also offer FAA-approved CRS for toddlers. They all have height and weight limits, so it’s best to check the company’s website carefully for these restrictions. It’s also important to remember that in order to take any CRS on an airplane, it must be labeled that it is FAA approved for use on an aircraft. If a CRS does not have this label, it will not be accepted, even if the manufacturer says it’s approved. Labeling is extremely important.

 

Older Children — European Carriers

Once a child gets older and gains more weight, flying with a child who lacks trunk support can be more difficult. That said, if you plan to travel throughout Europe, you may be able to use the Meru Travel Chair (merushop.org/product/travelchair-enabling-disabled-children-to-fly/).

This seating device is designed for children from 3 to 11 years old, who weight up to 35 kg (77 pounds). It was developed with the support of the UK Civil Aviation Authority and families with disabled children. The chair fits into an airplane seat and has an adjustable headrest, footrest and a body harness that allows for various levels of support. It should be noted that the Meru Travel Chair is designed for an upright airline seat, and once installed the seat cannot recline.

The Meru Travel Chair is approved by the European Aviation Safety Agency (EASA), but it is not approved by the FAA. And if you do plan to use the Meru Travel Chair, it’s essential to give the airline at least 48 hours notice or more, to make sure that the aircraft can accommodate the seating device.

Older Children — US Carriers

In the US, if you want to use a Meru Travel Chair or any other non-approved CRS, or if your child exceeds the height and weight limits for an approved CRS, you need to file for an FAA exemption.

You will need to file a petition for exemption from section 121.311(b) of Title 14, Code of Federal Regulations (www.ecfr.gov/current/title-14/chapter-I/subchapter-G/part-121/subpart-K/section-121.311).  This is the section that specifies that “each child aboard an aircraft operated under part 121 must occupy an approved seat with a separate safety belt secured about him or her, and must not exceed the specified weight limit for the restraint system.”

Many exemptions have already been granted for children who lack trunk support. With that in mind, sometimes it helps to look at these granted exemptions to know how to correctly word a request for accommodations. Two well written examples are #7831 (Joseph Castasus) and #9834 (Avery Ottenbreit). Although they are older, many people have successfully patterned their petitions after them.

If your exemption is granted, it’s good for five years and it’s valid on all US airlines. Most exemptions also carry over into adulthood if a child turns 18 before it expires. After a child reaches adulthood, they need to file for an exemption on their own behalf.

The FAA recommends filing an exemption at least 120 days prior to your travel dates; however you’re not required to hold any reservations in order to file for an exemption. There’s no cost to file for an exemption, so it’s worth a shot if you plan on flying with a child who lacks trunk support. For more information about how to file an exemption, visit www.faa.gov/regulations_policies/rulemaking/petition/.

Before You Fly

There are also a few things you need to know about accessible air travel before you head to the airport. First and foremost, know your rights (emerginghorizons.com/the-disabled-air-travelers-bill-of-rights/) under the Air Carrier Access Act. These rules apply to US airlines and to foreign airlines on flights to and from the US. Learn the law, so you know what to expect.

It’s also advisable to check with the airline in advance if you are traveling with a toddler or an older child who uses a CRS, as some small aircraft may not be able to accommodate a larger CRS. Additionally, some seating restrictions — such as no exit row seating — may apply to passengers who travel with a CRS. And it’s always a good idea to give the airline plenty advance notice if you are traveling with an exemption, so there are no surprises or delays at the airport.

Regulations about flying with a CRS vary around the world. Some are more restrictive, while others are more liberal. Copious research is needed for international travel. Never assume that policies will be the same overseas, as they are in the US.

Finally, if you experience an issues about your CRS on a US airline or on flights to and from the US, contact the Complaints Resolution Official (emerginghorizons.com/flying-with-a-wheelchair-remember-the-cro/). This airline employee is specifically trained to resolved access-related issues, and all covered airlines must have a CRO available by phone or in person. The CRO can be your best ally when you run into an access problem.

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The Hotel Gave Away Your Accessible Room? Practice Self-Advocacy

The Hotel Gave Away Your Accessible Room? Practice Self-Advocacy

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Have you ever arrived at a hotel, reservation in hand, only to discover that the hotel gave away your accessible room? Or worse yet, been told by a reservation agent that they cannot reserve a specific accessible room for you? It’s not only frustrating, but it’s also illegal in the US under the Americans with Disabilities Act (ADA). But unfortunately it does happen. With that in mind, here’s what you need to know about the law, so you can be a more effective-self advocate.

Block That Room!

As of March 15, 2012, US hotels are required to block accessible guest rooms upon reservation. Blocking means that the property reserves a particular room for a particular guest on a particular date. It’s important to note that a block is not the same thing as a guarantee. A block takes a particular room out of inventory, while a guarantee only refers to the room rate. These regulations are contained in 28 CFR 36.302 (e) (1) in Title III of the ADA (ada.gov/law-and-regs/regulations/title-iii-regulations/#-36302-modifications-in-policies-practices-or-procedures).

Most properties have modern reservation systems that can identify the accessible rooms, and note their features — such as a roll-in shower — so it’s relatively easy to book a specific accessible room online. U.S. properties must also make sure that guests can reserve accessible rooms in the same manner that they can reserve non-accessible rooms. In other words, if you can reserve a non-accessible room on a particular website at midnight, you should also be able to reserve an accessible room in the same manner.

Unfortunately not all properties have their accessible room inventory online or have the ability to block accessible rooms. If you try to reserve a specific accessible room, and the reservation agent says they can’t guarantee that you will get that specific room, then ask to speak to the manager. Then explain your problem and remind the manager that the ADA requires properties to block accessible rooms upon reservation. This will usually get the desired results.

If, on the other hand, the manager doesn’t back down, it’s time to try another property. Frankly if management doesn’t care about access, then it’s highly unlikely that you will even get any type of an accessible room when you arrive. Find another hotel, and then follow through with an ADA Complaint on the first property.

File an ADA Complaint

So when should you file an ADA complaint? Well most definitely file one if a property ever tells you that they can’t block a specific accessible room for you. It’s easy to file an ADA complaint — the form is online at civilrights.justice.gov/report. Make sure and take notes when the event is fresh in your mind, and jot down the names of the people that you dealt with.

It’s also appropriate to file an ADA complaint if you can reserve a standard room on the property website, but are unable to reserve an accessible room there. It’s important to note that you won’t get any compensation as a result of these complaints; however the Depart of Justice may fine the property or require them to update their website or reservation system. In the long run, it will help make things more accessible.

Finally, if you arrive at a property only to find that the hotel gave away your accessible room, you should absolutely file an ADA complaint. The property is also required to find you a comparable room at another property at the same rate. The hotel must pay the difference if the rate at the other property is higher. That doesn’t let them off as far as the Department of Justice is concerned though — take notes and file that ADA complaint when you get home.

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National Park Entrance Reservations Required in 2024

National Park Entrance Reservations Required in 2024

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Because of increased visitation to many popular US National Parks, advance entrance reservations are now required during peak visitation periods. These reservations must be purchased in advance at www.recreation.gov. They will not be available for purchase at the parks; and visitors who arrive without national park entrance reservations will be turned away. It’s a good idea to print or save a digital copy of your reservation on your phone, as cell service is not available at many national park entrance stations. A photo ID is also required, and it must match the name on the reservation.

Entrance reservations are not required if you have lodging, camping or tour reservations; however you must show confirmation of those reservations at the park entrance. Entrance reservations are required even if you have a national park pass. And if you don’t have a national park pass, you will still need to pay the entrance fee even if you have an entrance reservation. Questions about the entrance reservations can be directed to the specific national park you intend to visit.

Here’s what you need to know about the 2024 national park entrance reservations.

Mount Rainier National Park

Timed entry reservations are required for visits to the Paradise Corridor and the Sunrise Corridor of Mount Rainier National Park, between May 24, 2024 and September 2, 2024, from 7 AM to 3 PM.

The Paradise Corridor runs from the Nisqually Entrance near Ashford in the southwest area of the park, to the Stevens Canyon Entrance on State Route 123 near Ohanapecosh in the southeast corner of the park. Mount Rainier timed entry reservations are required for this area of the park between May 24, 2024 and September 2, 2024. They will be available beginning on February 21, 2024 at the following times.

Booking Window Opens Arrival Dates
February 21, 2024 May 24 to June 30, 2024
April 1, 2024 July 1 to July 31, 2024
May 1, 2024 August 1 to September 2, 2024

The Sunrise Corridor is located in the northeast corner of the park. It can be accessed by the White River Entrance, which is located on State Route 410. It connects Enumclaw in the north to Yakima in the east. Mount Rainier timed entry reservations are required for this area of the park from July 3, 2024 to September 2, 2024. Timed entry reservations for this area of the park are available beginning on April 1, 2024 at the following times listed below.

Booking Window Opens Arrival Dates
April 1, 2024 July 3 to July 31, 2024
May 1, 2024 August 1 to September 2, 2024

Reservations cost $2, and blocks will be released 90 days in advance. A limited number of timed entry reservations will also be available at 7:00 Pacific Time the day prior to the visit.

Yosemite National Park

National park entrance reservations are required for Yosemite National Park, for visits from April 13, 2024 to October 27, 2024. The 2024 Peak Hours Plus entrance reservation program differs a bit from those in past years, but the goal is the same — to preserve the park and increase enjoyment for visitors.

Entrance reservations will be required on weekends and holidays from April 13 through June 30, and from August 17 through October 27. The holidays that fall within the reservation period include Memorial Day, Juneteenth, Labor Day and Columbus Day. Entrance reservations will also be required daily from July 1 through August 16. These reservations are required for visitors who enter the park between 5 AM  and 4 PM (3 PM after September 21) . Reservations cost $2 each.

There are two types of entrance reservations. One is good all day, while the other is only good after noon. Both entrance reservations are valid for three days, and they do not need to be used on the first day.

The majority of Yosemite entrance reservations will be available on January 5, 2024 at 8 AM PST. The rest of the reservations will be available seven days before the arrival date at 8 AM. For example, a reservation for an arrival date of October 27 would become available at 8AM on October 20.

Reservations are required for most people who just want to pass through the park; however people with a local zip code can pass through without an entrance reservation. The only acceptable proof of residence for this purpose is a drivers license. No stopping is allowed on the pass through entry.

Yosemite entrance reservations are also required during peak viewing times for Horsetail Falls in February. Those entrance reservations are usually released in early December.

Entrance reservations are not required at the Hetch Hetchy Entrance, which is open from sunrise to sunset.

Arches National Park

An Arches Timed Entry Reservation will be required again in 2024. “We received many positive comments from people who enjoyed the guaranteed arrival time and reduced congestion they experienced during the 2023 vehicle reservation pilot,” said Arches National Park Acting Superintendent Brendan Bray. “A repeat pilot program in 2024 will help us learn more about how such systems can provide visitors with the opportunity for enjoyable experiences while protecting the extraordinary landscapes they come to see.”

Timed entry reservations are required for visitors who enter the park from April 1 to October 31, 2024, between 7 AM and 4 PM. Beginning at 8 AM MST on January 2, 2024, reservations will be released in monthly blocks on the first of each month. Reservations cost $2 each. The reservation blocks are listed below.

  • April 1-30 reservations open January 2 at 8 AM MST
  • May 1-31 reservations open February 1 at 8 AM MST
  • June 1-30 reservations open on March 1 at 8 AM MST
  • July 1-31 reservations open on April 1 at 8 AM MST
  • August 1-31 reservations open on May 1 at 8 AM MST
  • September 1-30 reservations open on June 1 at 8 AM MST
  • October 1-31 reservations open on July 1 at 8 AM MST

A limited number of next-day tickets will be available after 7 PM MDT the day prior to the visit.

Reservations can be made in hourly increments and are only valid for entrance during that hour. Visitors who want to visit the park on two different days will need two different timed entry reservations. Once visitors enter the park, they can stay for the entire day. Ticket holders may also exit and re-enter the park on the same day with a correctly validated ticket.

Glacier National Park

As in previous years, advance vehicle reservations are required for the most congested areas of the park. The 2024 system requires vehicle entrance reservations for visitors traveling over the west side of Going-to-the-Sun Road and past the Many Glacier Entrance Station during the peak summer season. Vehicle entrance reservations are required for visits between 6 AM and 3 PM on the following 2024 dates.

  • West Entrance and Camas Entrance – May 24 to September 8
  • Many Glacier Valley – July 1 to September 8

Vehicle entrance reservations cost $2. A portion of the vehicle entrance reservations for the West Entrance, Camas Entrance and Many Glacier Valley will be available 120 days in advance beginning January 25, 2024 at 8 AM Mountain Standard Time. The remaining vehicle entrance reservations will be released at 7 PM, the day before the planned visit.

Although visitors with lodging or tour reservations do not need vehicle entrance reservations, it’s important to note that the lodging or tour reservation must be made for the specific area of the park you plan to visit. For example if you have a Lake McDonald boat tour reservation, you will be able to access Going-to-the-Sun Road, but not Many Glacier Valley.

Rocky Mountain National Park

Visitors to Rocky Mountain National Park are required to have a timed entry permit to enter the park beginning May 24, 2024. There are two Rocky Mountain Entry Permits.

The Bear Lake permit will allow entry to the Bear Lake Corridor, as well as the rest of the park. It will be valid from 5 AM to 6 PM. It is required until October 20, 2024.

The other permit will allow access to all areas of the park, except the Bear Lake Corridor. It will be valid from 9 AM to 2 PM. It is required until October 15, 2024. All permits will be timed, and will require the permit holder to enter the park within a 2 hour window.

Reservations for the majority of the permits will be released on 8 AM Mountain Time on the following dates.

  • May 1, 2024 for permits from May 24 to June 30
  • June 1, 2024 for permits for the month of July
  • July 1, 2024 for permits for the month of August
  • August 1, 2024 for permits for the month of September
  • September 1, 2024 for permits for the month of October

The remaining entry permits will be available for purchase at 7 p.m. the day before the planned visit. Entry reservations cost $2, and if you plan to visit the park more than one day you will need an entry permit for each day.

Carlsbad Caverns

Last but not least on the list of national park entrance reservations is Carlsbad Caverns. Although technically you don’t need a reservation to get in to the park, you do need one if you actually want to see the famous caverns.

Every person — even children — needs a timed ticket to enter the caves. Tickets are good for entrance within the hour specified on the ticket. So for example, if you have a 9:00 AM ticket, it’s only good for entrance from 9:00 AM to 10:00 AM. Late comers will not be admitted, so give yourself plenty of time to travel to the caverns and park.

These tickets are priced at $1 each, and like the park entrance reservations they are only available at www.recreation.gov. And again, make sure you print out your tickets or save a screen shot of them, as cell service is spotty in the park.

Plan ahead to avoid disappointment, and get your national park entrance reservations as soon as you make your travel plans.

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Why You Should File an ADA Complaint

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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.

 

Filing an ADA complaint helps effect change. Just do it.
https://civilrights.justice.gov/report/

 

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Flying With a Service Animal? Here’s What You Need to Know

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Under the Air Carrier Access Act (ACAA), US airlines are required to accept service animals on all their flights. Additionally, foreign air carriers are required to accept service animals on all flights to and from the US. Psychiatric service animals are treated the same as service animals under the ACAA. Additionally, after the ACAA update in 2021, airlines are no longer required to accommodate emotional support animals. They are now treated as pets and are subject to pet rules and additional charges. So here’s what you need to know about flying with a service animal.

What is a Service Animal?

Under the law, a service animal is defined as a dog that is trained to do a specific task or tasks for a person with a disability.  Miniature horses are no longer accepted under the ACAA. And under no circumstances are US airlines required to accept unusual species, such as snakes, other reptiles, ferrets, rodents and spiders. Foreign carriers, that fly to and from the US are also required to accept dogs as service animals.

Service animals must be at least four months old; and air carriers are not required to accept service animals in training. There are no breed or weight restrictions; and although most passengers only travel with one service animal, two are allowed if they perform different tasks for the passenger. Additionally, airlines cannot restrict the number of service animals on any flight.

What Documentation is Required?

Airlines can require passengers flying with a service animal to submit DOT designed forms that attest to the service animal’s health, behavior and training. Additionally they can require attestation that the service animal will not need to relieve itself, or can relieve itself in a sanitary manner, on flights over eight hours. This documentation must be submitted at least 48 hours prior to departure.

Although most airlines process these DOT forms seamlessly on their own websites, a few use  third-party vendors to accomplish this task. And although the same 48-hour advance notice is required, sometimes it’s difficult for third-party vendors to process the forms within this time frame. Check the airline website and allow yourself plenty of extra time if they use a third-party vendor.

Airline personnel are also allowed to seek credible verbal assurance from passengers that they have a disability and require a service animal. If the passenger’s disability is not apparent, airline personnel may question the passenger to determine their need for a service animal, even if the animal has a harness, tag or vest. And finally, if the airline refuses to accept an animal as a service animal, they must explain the reason, and provide written documentation of that decision within 10 days.

Additional Documentation Beginning August 1, 2024

Beginning August 1, 2024 any dog entering the US (including service animals) must also meet the new Centers for Disease Control and Prevention (CDC) requirements. All dogs must:

  • Be at least six months old
  • Be healthy and disease-free
  • Have an ISO-compatible microchip
  • Have a U.S.-Issued Rabies Vaccination form (completed by a USDA-accredited veterinarian) or USDA -endorsed export certificate
  • Have a completed CDC Import Form receipt

Dogs entering the US must receive the rabies vaccine at least 28 days before entry.  It’s recommended that handlers carry duplicate copies of all forms, in case border agents need to retain a copy. Additionally, if a dog is deemed to have a contagious disease by border agents, then additional testing, examination and isolation may be required at the owner’s expense.

These requirements are for animals that are visiting or returning from rabies-free countries. There are additional requirements for animals coming from high-risk rabies countries. For more information about the CDC requirements, visit https://www.cdc.gov/importation/dogs/enter-the-us.html.

In the Air

Passengers who fly with service animals are allowed to preboard the aircraft; and the service animal must remain tethered and under the passenger’s control for the entire flight.

Passengers who fly with a service animal are guaranteed bulkhead seating under the ACAA; however they are permitted to sit anywhere on the aircraft, except the emergency exit rows. The service animal must not obstruct the aisle or other areas that must remain clear under FAA safety rules. Additionally, the service animal must fit in the handler’s lap or in their foot space, and it must not encroach on another passengers space. If this is a problem, the airline must allow the handler and the service animal to move to another seat where the animal can be accommodated; however they are not required to upgrade the passenger.

Last but not least, service animals must behave appropriately aboard the aircraft, which is usually not an issue for properly trained service animals. And when the airplane lands, airlines are required to provide service animal relief areas for passengers with a service animal. For more information about the updated ACAA that went into effect in 2021, visit https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382

Other Considerations

Last but not least, it’s important to understand that most foreign countries also have  specific health requirements for all animals — including service animals — that enter the country. This is in addition to any DOT requirements for service animals. For example, even though the DOT forms require information about the animal’s rabies vaccination status, an additional health certificate may be required at the port of entry. Every country is different, and these requirements  change often.  For more information on specific country requirements, visit https://www.aphis.usda.gov/aphis/pet-travel/take-pet-to-foreign-country. Do your research and plan ahead to avoid disappointment.

 

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Flying with a Wheelchair — Air Travel Tips and More

Flying with a Wheelchair — Air Travel Tips and More

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Travel by its very nature requires a good amount of preparation, especially when it includes air travel. Factor a disability into that equation and the complexity increases. With that in mind, here are some helpful tips for flying with a wheelchair.

Before You Go

  • The first thing you should do if you are flying with a wheelchair is to learn the law so you know what to expect. The Air Carrier Access Act (ACAA) — not the Americans with Disabilities Act — is that law that covers access on all US carriers, and foreign carriers on flights to and from the US. You can find the ACAA at https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382.
  • Flying with a wheelchair in some parts of the world can come with some additional problems. If your trip involves domestic flights in Asia, Africa and the Caribbean, learn about the local access laws. Many domestic carriers in these regions have denied boarding to unaccompanied wheelchair-users. Choose your airline carefully.
  • Request a seat with a flip-up armrest when you make your reservation, as it makes transfers easier.
  • If you need a non-ticketed escort to accompany you to the gate, advise the airline of this when you make your reservation. Your escort will be asked for photo identification and given a security checkpoint pass.
  • Even if you don’t routinely use a wheelchair at home, consider requesting an airport wheelchair when you book your reservation if you are a slow walker. Some airports are quite large, and the whole boarding process can involve a lot of walking and standing.
  • Under the ACAA, airlines are required to carry wheelchairs, other mobility aids and assistive devices free of charge. This can include everything from oxygen concentrators and ventilators, to shower chairs and even catheter supplies. That said, remember to pack medical supplies in a clearly labeled box, and do not mix them with your personal items.
  • If you are traveling with oxygen or a ventilator, contact the airline to find out about their specific rules and procedures. Some airlines require doctor’s forms, so plan ahead for this.

Important Websites and Phone Numbers

  • The Department of Transportation (DOT) has several helpful brochures on accessible air travel at https://www.transportation.gov/individuals/aviation-consumer-protection/traveling-disability
  • If you have any questions regarding security screening procedures, call the TSA Cares hotline at (855) 787-2227 at least 72 hours prior to your flight. They will be able to supply you with airport specific information regarding your inquiry.
  • Download the TSA Notification Card (www.tsa.gov/sites/default/files/disability_notification_card_508.pdf), then fill it out with the specifics of your disability. Hand it to the TSA agent when you get to security. This is especially helpful if you have places on your body that are sensitive or painful to touch.
  • Finally, it you are flying with a wheelchair and you have any questions about the ACAA, call the DOT Hotline at (800) 778-4838.

At the Airport

  • When flying with a wheelchair, you can stay in your own wheelchair until you get to the gate, if you have non-spillable (gel) batteries. At that time you will be transferred to an aisle chair and boarded, and your wheelchair will be gate checked. If your mobility device does not have non-spillable batteries, you must transfer to an airport wheelchair at check-in, and surrender your wheelchair or scooter at that time.
  • If your mobility device has lithium ion batteries, contact the specific airline for their rules and regulations. US airlines are allowed to carry mobility devices with lithium ion batteries, however they are not required to do so. Every airline that accepts these devices has their own procedures,
  • If you use an airport wheelchair, don’t give it up once you get to the gate, because if there is a gate change you won’t have any way to get to the new gate. And sometimes it can be a very long walk.
  • Always allow extra time to get through security. Carry your wheelchair repair tools in your checked bag. If you encounter any problems at the security checkpoint ask for the Passenger Support Specialist, as these employees have additional training in access issues.
  • Remember, you are not required to perform any tasks at the security checkpoint that you are physically unable to do. If an TSA employee asks you to stand, walk, or even take off your shoes, just let them know that you are unable to do that.
  • When flying with a wheelchair, let the gate agent know that you need to preboard the aircraft. This will give you extra time to transfer and stow your gear in a more private setting. And don’t wander off from the boarding area, as you could miss preboarding.

Protect Your Wheelchair

  • Attach clear assembly and disassembly instructions (in Spanish and English) to your wheelchair or scooter. Photos and illustrations also help.
  • Remove any loose or protruding parts from your wheelchair or scooter. Protect your joystick with some type of a hard covered object, such as a plastic cup secured with packing tape.
  • Let a little bit of air out of your wheelchair tires. Carry on all gel cushions. Baggage compartments are not pressurized.
  • Snap a digital photo of your wheelchair before you board. It’s a good way to document the condition of your assistive device in case of damage.
  • Make sure you have adequate insurance. US airlines are only liable for the purchase price (not the replacement cost) of assistive devices on domestic flights. And on international flights the airline liability limit for damaged assistive devices is covered under the Warsaw Convention ($25.29/kilo) or the Montreal Convention ($1731 limit).
  • Put an air tag on your wheelchair. It won’t prevent it from getting misrouted, but at least you will know where it’s at if it doesn’t show up at your gate.

On the Airplane

  • On aircraft with more than 100 seats, there’s priority storage space aboard for one manual wheelchair. This space is available on a first-come basis, so it pays to get to the boarding area early, to get the first crack at the space.
  • Make sure an on-board wheelchair is aboard the aircraft before takeoff. If you cannot walk, this is how you will be transported to the lavatory. On-board wheelchairs are required on all aircraft with accessible lavatories, but sometimes they are accidentally offloaded, so it always pays to check.
  • Consider your toilet options when flying with a wheelchair, and plan ahead. Accessible airline lavatories are available on wide-body (two-aisle) jets. They have to be large enough to accommodate the on-board wheelchair, but in some cases there is not enough room for an attendant. Check out the aircraft diagrams at seatguru.com/ to find planes that have larger accessible restrooms.

If Things Go Wrong

  • If you encounter any problems when flying with a wheelchair, contact the Complaints Resolution Official (CRO). The CRO is an airline employee that’s specifically trained about the ACAA. All US airlines are required to have a CRO on duty during airport operating hours. Foreign carriers are also required to have a CRO available at airports that serve flights that begin or end in the US.
  • If your equipment is damaged or you experience a access related service failure, report it to the airline and request compensation. If your assistive device is not usable, be sure to request an appropriate loaner.
  • And if you experience an access-related service failure, you can also file a ACAA complaint at secure.dot.gov/air-travel-complaint. This complaint will not result in compensation but it can help to make air travel more accessible in the long run.
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New Accessible Airline Lavatory Rule — When Will it Happen?

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New Accessible Airline Lavatory Rule — When Will it Happen?

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Nearly a year ago, on July 26, 2023, the Department of Transportation (DOT) announced a new accessible airline lavatory rule. Unfortunately it will still be many years before single aisle aircraft with more than 125 seat have accessible lavatories, but at least it’s a start. The rulemaking process has been going on for quite some time and the DOT took into consideration comments from consumers, airlines and disability organizations.

So here are the highlights of the final accessible airline lavatory rule, along with a timeline for when you can expect to see some changes.

Lavatory Interiors

Under the new rule, US single aisle aircraft with more than 125 seats must include the following features in their lavatories. These features will be required on new aircraft delivered three years after the effective date (2023) of the rule.

  • Grab bars
  • Accessible faucets
  • Accessible call button
  • Accessible door lock
  • Room for onboard wheelchair
  • Ample toe Clearance
  • Privacy screen if door is not able to be closed

So basically you can expect to see start seeing these features in 2026.

But there is a catch. The usual life of a commercial commuter aircraft is 25 years, so only 4 percent of the fleet is replaced annually. This figure is from the DOT. If they start replacing aircraft with ones that include accessible lavatories in 2026 (as required), the entire fleet will not be outfitted with them until 2051. And during that interim time, passengers will not know if they have an accessible lavatory until they board the aircraft.

Onboard Wheelchairs

The new accessible airline lavatory rule also includes a provision that the onboard wheelchair must be maneuverable into the lavatory, so that the wheelchair-user will be able to completely close the door. This also applies to single aisle aircraft with over 125 seats.

Again, aircraft are not required to be retrofitted, and the same timeline applies, so this would begin in 2026 and be fully implemented in 2051.

Accessible Lavatory Space

Perhaps the biggest change with the new accessible airline lavatory rule is the requirement for accessible lavatories to have ample space for a person with a disability and an attendant. More specifically the lavatory must have enough room for two males in the 95th percentile of height and weight (6 ft. 2 in., 246 pounds). That’s a pretty large space and it would make airline lavatories truly wheelchair-accessible. And as with the other regulations this applies to single aisle aircraft with more than 125 seats.

But there is a different implementation time frame for this requirement. Specifically, it’s for aircraft ordered 10 years or delivered 12 years from the effective date. That means this would start in 2036 and 2038, and would be fully implemented in 2061 and 2063. And in the interim you won’t know in advance if your aircraft has a lavatory with this extra space.

To be fair, the preliminary rule required implementation in aircraft ordered 18 years from the effective date or placed into service 20 years from the effective date. On that timeline the fleets would be fully outfitted with accessible lavatories in 2069 and 2071.

I addressed the timeline issue in my public comments to the DOT, as did other folks, so at least they listened a bit. But rulemaking is always a process of give and take.

So bottom line, we will start to see some minor accessibility changes in 2026, with full implementation of this rule in 2071. It’s definitely a step forward, but it’s really for future generations. But then again, so was the ADA. Justin Dart was a visionary but he certainly didn’t live to see the strides in accessibility we have made since the first days of his activism.

How To Tell if You’re Really in a Wheelchair-Accessible Hotel Room

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How To Tell if You’re Really in a Wheelchair-Accessible Hotel Room

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Thanks to modern technology it’s now possible to share your travel photos with friends and family with just a few swipes and a tap or two. And I absolutely love seeing those smiling faces enjoying cruises, beaches and  luxury resorts. But lately I’ve also been seeing another kind of travel post – it usually features a photo of an obviously inaccessible room, with the caption “Really? This is a wheelchair-accessible hotel room?”

And the truth is, well, maybe it isn’t.

 

How Does This Happen?

I’ve looked at thousands of wheelchair-accessible hotel rooms over my career, and I’ve seen just about every kind of access faux-paus you can imagine; however I’ve also had more than a few managers take me to view a supposed “accessible room” only to discover that it wasn’t. So how does that happen? According to many a red-faced hotel manager, “Somehow the rooms type was entered into the computer incorrectly.”

And although this seems like a minor computer error it can wreck havoc on travelers who need a wheelchair-accessible hotel room. Think about it for a minute. You reserve an accessible room, and because the inaccessible room is coded wrong that’s the room you get. Even worse, when you open the door and discover the lack of access and report it to the front desk, the clerk continues to insist that you ARE in an accessible room. Why? Because the computer says so. And believe me, it’s darn near impossible to convince a rank-and-file employee that the computer is wrong.

 

Clues That You Aren’t in a Wheelchair-Accessible Hotel Room

Although access features can and do vary from property to property, there are a few clues that you may have been incorrectly assigned to a standard room, rather than a wheelchair-accessible hotel room (in the US). Here are a few tip-offs.

  • Check the bathroom. Although access features may vary in the shower or tub, check out the toilet area. Are there grab bars by the toilet? If not, you may well be in a standard room, as that’s one access feature that is seldom missed.

 

  • Is the roll-in shower really a low step shower? Many hotels have replaced their tub/shower combinations with low-step showers in their standard rooms. Look inside the shower – if the only access feature you see is a set of grab bars, then you may be in a standard room. In this day and age even standard rooms have shower grab bars for safety, so that by itself doesn’t really indicate you are in an accessible room. Look for a hand-held showerhead.

 

  • It’s also important to note that under the Americans with Disabilities Act, accessible rooms can have either a roll-in shower a tub/shower combination or a transfer-type shower. In fact properties with 50 or fewer rooms aren’t required to have an accessible room with a roll-in shower. That said, if your tub/shower combination only has grab bars, and does not include a hand-held showerhead and some type of shower bench, you may be in a standard room.

 

  • Next, look out in the hallway. Do you see any rooms marked with the wheelchair pictogram? Are there any that have lowered peepholes? These are sure signs of an accessible room. If some rooms have them, but your room lacks them, it may be a sign that you are in a standard room.

 

How to Remedy the Situation

Of course if your room is listed incorrectly in the inventory, you won’t get much satisfaction from the front desk. You will have to go higher. Ask to speak to the manager. Ask the manager what features their wheelchair-accessible rooms have. Tell him that you are supposedly in a wheelchair-accessible room, but your room does not have those features. Then show him photos of the room.

And then perhaps suggest that this room was entered into the inventory incorrectly.

Chances are if this is the case, the manager will find you another room – one that is truly accessible. Of course there’s always the chance that there won’t be any accessible rooms available; in which case you should ask to be accommodated at a nearby property. After all, you did book an accessible room, and the mistake wasn’t your fault.

Granted this is a time consuming – and somewhat frustrating — process, so go ahead and ask to be compensated for your time. You may get some free points or maybe even a free night. In the end, managers want happy customers, so don’t be afraid to ask for whatever you feel you deserve.

 

amtrak

How to Book a Wheelchair-Accessible Seat on Amtrak

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Train travel has many advantages. You can leave the driving to someone else and sit back and enjoy the scenery. When nature calls you can just roll down the aisle to an accessible restroom. And if you get hungry there are many tasty onboard choices. Additionally, unlike auto travel, you can also enjoy an adult beverage during your journey. And the good news is, not only does Amtrak offer wheelchair-accessible seating, but they also give disabled passengers a 10% discount off their fares. Ready to ride the rails? Then here’s how to book a wheelchair-accessible seat on Amtrak.

Check That Box!

Making a reservation for a wheelchair-accessible seat is pretty straightforward; however there is one critical component to the process. Go to www.Amtrak.com and enter your departure station, your destination and your travel dates. On the next line, select the number of travelers, and then check the box that says “passenger with disability or assistance needed”. It’s easy to miss, but it’s an essential step in order to get an accessible seat.

After you check that box, a disability assistance questionnaire will appear. The first window asks about your disability, while the second window asks if you need an Amtrak wheelchair, or if you travel with a wheelchair or a cane. The third window determines your accessible seating preference, as it asks if you want to travel in your manual wheelchair, stow your collapsible wheelchair on board, or if you use a power wheelchair or scooter. The next window asks about service animals, and the final window has a few questions about station assistance. And if you need assistance with something not listed, you can always give them a call at (800) USA-RAIL to have it added to your profile

After that you can select your train from the displayed choices and complete your reservation. If you are on a reservable train, you will automatically be assigned the accessible seating choice you selected. If you are traveling on a non-reservable train, then it will alert personnel to your accessible seating needs. If, on the other hand, you didn’t check the “disability box”, neither of these things will happen; and you won’t get an accessible seat.

If Things Go Wrong

Of course, sometimes people miss the check box and end up not being able to select a wheelchair-accessible seat on Amtrak. That was the case with one recent passenger on the Acela train out of New Jersey. He missed the check box and was assigned a standard seat. Since he needed an accessible seat he tried the online chat option to resolve the issue. The only solution they offered was to cancel his original reservation and rebook him in an accessible seat. Unfortunately, since the fare had gone up since he initially booked his ticket, he would of been charged nearly double his original fare just to get an accessible seat. It’s not Amtrak’s policy to charge disabled passengers more for an accessible seat, but the chat option just didn’t resolve things.

So the passenger reached out to everyone he could and eventually he worked his way up the ladder. Ultimately he was rebooked in an accessible seat at no additional charge, but it did take a lot of legwork on his part.

In the end, it’s important to remember that when you book a wheelchair-accessible seat on Amtrak it will be the same price as a standard seat. If you find that isn’t the case, or if you have been charged extra for an accessible seat in the past, then it’s time to contact Amtrak. According to an Amtrak spokesperson, they will make it right. They are adamant about not only going the extra mile to provide disabled passengers with accessible seating and assistance; but they also do it for the same price that non-disabled passengers pay. If you find that’s not the case, then give them a call at (800) USA-RAIL or use the online contact form at www.amtrak.com/contact-us/email.html to rectify the matter.

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