ADA

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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ev charging station

Electric Vehicle Charging Station Regulations Open for Public Comment

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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.

 

How to Resolve a Wheelchair-Access Travel Complaint

How to Resolve a Wheelchair-Access Travel Complaint

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Ever wonder why some people end up with upgrades and refunds whenever they make a wheelchair-access travel complaint, while others walk away with zero compensation? Truth be told, it’s all in the details. Knowing when to complain, how to complain and who to complain to are the keys to not only resolving the issue at hand, but also to receiving adequate compensation for your inconvenience. So the next time you encounter an access-related problem on the road, follow this roadmap for prompt resolution and adequate compensation.

Save Your Trip

The first and foremost rule about making a wheelchair-access travel complaint is to address the problem at hand. If your wheelchair arrives damaged, request a suitable loaner from the airline. If that supposedly accessible bus arrives but has two steps, request an appropriate replacement. If you arrive at a hotel to find that they gave your accessible room away, have them find you one at another property. Try and remedy the access shortfall, so you can salvage your vacation and enjoy the rest of your trip.

Additionally, you should try to prevent further damage. In other words, don’t throw the baby out with the bathwater. For example, if you miss a connection because the airline didn’t have a wheelchair waiting at the gate for you, don’t just throw in the towel. Work with the airline to get on the next available flight, so you can at least enjoy part of your vacation.

Don’t be afraid to address your loss while you are trying to mitigate damages, but don’t put a dollar price tag on it. For example, in the case of the missed connection, if the next available flight isn’t until late at night, don’t be afraid to point out that you are missing a whole day of vacation because of their error. And then ask if perhaps an upgrade is available. Keep in mind, this doesn’t wipe the slate clean, but it will make your travels more comfortable.

It’s also a good idea to jot down a few notes about the incident while it’s fresh in your mind. Write down times, dates and names if you have them. Then, put the notebook away, and don’t dwell on the incident. Enjoy what’s left of your vacation, then address the matter when you return home.

When You Return Home

The time to file an official wheelchair-access travel complaint with a service provider is after you return from your trip. And although every situation is different, here are some tips to help you approach the official complaint process.

  • Although it’s easy to pick up the phone, your complaint will receive more attention if you put it in writing.
  • Address the appropriate person. Don’t start with the President or CEO, but instead begin at the bottom and work your way up. You want to be able to show that you followed the company’s complaint procedure in an effort to resolve your accessibility issue.
  • Keep your complaint letter short and to the point. It should be no longer than one page. Avoid superfluous details and get to the point quickly.
  • Keep it polite, professional and G-rated. Abstain from vulgarities and name-calling.
  • Have someone who isn’t emotionally invested in the incident proofread your letter for clarity.
  • Never threaten to sue or to file an Americans with Disabilities Act (ADA) complaint in your initial complaint. This just creates an adversarial situation and makes the matter harder to resolve.
  • If you are going to quote the law, make sure you know the law.
  • Make sure and enclose all documentation, including receipts and photos.
  • Most important, ask for some type of resolution. Don’t be afraid to ask for specific compensation, but be realistic. If you’re reasonable with your request, most companies will be generous in their response.

Make it Official

You should also file an official ADA or Air Carrier Access Act (ACAA) complaint when you return home. This can be done in addition to your complaint with the provider, and even if you received compensation from them. This type of a complaint won’t get you anything personally, but it may help effect change.

The Department of Justice (DOJ) and the Department of Transportation (DOT) look for patterns, and the number of complaints against individual companies. If they see a lot of a certain type of complaint, they can issue fines and directives to help avoid future access-related failures. And that in turn may lead to better compliance in the future.

Plus it’s pretty easy to file an official wheelchair-access travel complaint.

If your issue involves travel on a US airline anywhere in the world, or on a foreign airline on a flight to or from the US, then you can file an ACAA complaint. Details about the complaint process can be found at www.transportation.gov/airconsumer/complaints-alleging-discriminatory-treatment-against-disabled-travelers. And the complaint form is located at secure.dot.gov/air-travel-complaint. It’s also a good idea to check out this primer (emerginghorizons.com/the-disabled-air-travelers-bill-of-rights) on your basic rights under the ACAA before you file a complaint.

If your issue involves physical access at a hotel, attraction, restaurant, outdoor area or venue in the United States, then you can file an ADA complaint. Information about an ADA complaint can be found at www.ada.gov/file-a-complaint.  And the online form is located at civilrights.justice.gov/report.

Filing an official complaint is the final step in the process. And again, although it won’t benefit you personally, it can help to make the world a more accessible place.

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Are Hotels Required to Provide Wheelchair Accessible Airport Shuttles?

Are Hotels Required to Provide Wheelchair Accessible Airport Shuttles?

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Shuttle Bus

Recently I flew to Los Angeles, and although the hotel I stayed at had a free airport shuttle, it was not wheelchair-accessible. I asked the driver and he said that they didn’t have any wheelchair-accessible airport shuttles, and that I should take a taxi or an Uber. It seemed a bit unfair for me to have to pay for transfers, while others got them for free. Are airport shuttles required to be wheelchair-accessible under the Americans with Disabilities Act (ADA)? If so, what can I do if I encounter one that lacks wheelchair access?

The ADA and Wheelchair-Accessible Airport Shuttles

In a word, yes. If a hotel provides free shuttle service it’s also required to provide an equivalent accessible service under Title III of the ADA (ada.gov/topics/title-iii/). Equivalent is the key word here, so for example if passengers routinely wait 20 minutes for an airport shuttle, then wheelchair-accessible airport shuttles must arrive in the same time frame.

That doesn’t mean that hotels  have to own their own shuttles though. They just have to provide the equivalent service. For example, a small hotel can share an accessible shuttle with other properties, but they must offer equivalent service as detailed above. Properties can also opt to send accessible taxis to pick up passengers, instead of purchasing and maintaining wheelchair-accessible airport shuttles. And finally they can alternately opt to reimburse guests for their accessible taxi or Uber fares.

When Things Go Wrong

Although equivalent service means that disabled guests will get the same service as non-disabled guests, a little advance planning can go a long way to making this a reality. First and foremost, don’t wait until you arrive at the airport to inquire about the availability of wheelchair-accessible hotel shuttles. Call the hotel in advance of your trip to confirm that they have the appropriate vehicles — and that they are actually operational.

If the hotel employee you are talking with says that they don’t have any wheelchair-accessible airport shuttles, then ask to speak to the manager. Usually managers know the law, and after you point out that wheelchair-accessible shuttle service is required under the ADA, then they will start to work to find a solution. Of course this solution may be that the hotels provides an accessible taxi or pays for your Uber, but that’s an acceptable solution under the law.

On the other hand if the manager balks at your request, it’s best to find another property. You can’t strong arm someone into adhering to the law, and you don’t want to arrive at the airport only to find out that there’s no way to get to your hotel. Give your money to a property that does follow the law and will be able to accommodate you.

Of course, don’t forget the property that didn’t accommodate you. They broke the law and they deserve to be reported to the Department of Justice (DOJ). It’s easy to do too — just complete this simple online form (civilrights.justice.gov/report) to file an ADA complaint. You won’t receive any compensation as the result of filing an ADA complaint, but it will help effect change. And that helps make everything more accessible in the long run.

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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/

 

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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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.

 

Why the ADA Doesn’t Address Bed Height

Why the ADA Doesn’t Address Bed Height

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The American’s with Disabilities Act (ADA) covers a lot of issues in public accommodations; however the ADA doesn’t address bed height. This presents numerous problems for wheelchair-users and slow walkers who need to check into a hotel or motel.

Unfortunately there’s no real agreement on what an “accessible bed” should be. Most wheelchair-users prefer lower beds, while slow walkers with hip or knee issues need higher beds. And then there are wheelchair-users who use portable hoyer lifts who need open-frame beds, as opposed to the standard platforms. And those are just a few of the reasons why the ADA doesn’t address bed height.

So why is there’s no consensus on this matter? Well first and foremost, disabilities are diverse, and you just can’t put one group’s needs over the other. To be honest the same problem was encountered when the toilet height regulations for the ADA were crafted. The lower height was ultimately accepted because there was a cheap and easy fix for folks that needed higher toilets — toilet risers. Unfortunately there’s no cheap and easy fix for beds.

A Little History

The Department of Justice (DOJ) once considered addressing the bed height issue. Back on July 26, 2010 they issued an Advance Notice of Proposed Rulemaking (ANPR), that asked for public input on the accessibility of equipment and removable furniture, such as beds. And boy did they get an earful, as disability organizations and advocates weighed in from across the country. Granted the DOJ never said they were going to move forward and issue regulations, however due to the input received, it was assumed that some preliminary rules would at least be forthcoming.

Sadly that wasn’t the case. In a move that surprised a number of disability advocates, the DOJ instead issued a withdrawal of the ANPR and published that decision in the December 26, 2017 issue of the Federal Register.

So what does this mean? Basically it means that the rulemaking process has ended and the DOJ is not going to consider new rules for equipment and removable furniture. According to the DOJ, they are “reevaluating” whether a regulation like this is necessary. Given that places of public accommodation must ensure access to people with different disabilities, the feeling seems to be that perhaps  exact specifications aren’t necessary, because beds of different heights work for different disabilities.

What’s a Traveler to Do?

Since the ADA doesn’t address bed height, travelers need to be more proactive when making lodging reservations. Never assume a bed will be a specific height. Always ask. And don’t call the 800 number for the property — call the direct number and speak to someone on site.

And if the person at the front desk can’t help you, ask to speak to someone in housekeeping. These are the folks that are in and out these rooms every day. If they don’t know the specific height, then ask if they can go and measure the bed.

If the bed is too high for you to use, then ask if it can be lowered by removing the frame. And if that’s not possible, ask if you can have a roll-away bed delivered to the room. Those beds are usually lower.

Unfortunately the trend is for higher beds these days, as many properties feel that this helps cut down on injuries to housekeeping workers. That said, even though the ADA doesn’t address bed height, you can still usually find a bed that will work for you with a little legwork. In the end, the best rule of thumb is to plan ahead to avoid unwanted surprises.

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How Can I Train My Dog to be a Service Animal?

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I use a manual wheelchair and I’d like to train my dog to be a service animal so I can travel with him. There are so many places that offer training, certification and registration online, and I really have no idea of where to go. Can you recommend some certified trainers or schools, and also direct me to the official place to register my dog as a service animal?

Service Animal Training Resources

Service dogs help people in wheelchairs do a number of things. They can pick up things, open and close automatic doors, carry items, turn on lights and even retrieve a wheelchair that’s out of reach. That said, under the Americans with Disabilities Act (ADA), no official training, certification or registration is required for a dog to be considered a service animal. The only requirement is that the animal must perform a task or tasks to assist a person with a disability.

You can certainly self-train your dog to perform tasks to assist you — at home and when you travel. A good way to find an experienced trainer to work with you is to contact your local Center for Independent Living (CIL) and ask them for referrals to trainers that have worked with their clients. CILs are located throughout the US and they offer excellent disability-related resources. Here’s a directory to find one near you. ilru.org/projects/cil-net/cil-center-and-association-directory

There are also a number of reputable organizations that train service dogs and then pair them with folks who need them. These organizations usually begin with puppies and the training takes almost two years. After graduation each dog is paired with a person with a disability, and the team then undergoes additional training at the organization’s facility. Financial aid is usually available, and some service dog organizations operate as non-profits and provide the animals to qualified applicants at no charge. The wait for these animals can be several years; however since you want to train your own dog, these organizations aren’t a viable option for you.

Red Flags!

Finally, there are a number of websites that offer service dog certification, registration and equipment. In most cases you should steer clear of these sites, which are more commonly known as card mills. For a fee they will give you a card that says your dog is a service animal, add them to their registry and even send them a vest or a harness. Although there’s nothing technically illegal about this, it’s an unnecessary expense because in most cases you don’t need any official certification, registration or even a card for your dog to be classified as a service animal. Some of these websites also offer to certify dogs as emotional support animals, which are not recognized under the ADA or the Air Carrier Access Act (which governs accessible air travel).

It should also be noted that under the ADA, service animals are not required to wear tags, vests or harnesses that identify them as service animals. All that’s needed is the verbal assurance that the animal preforms tasks for an individual with a disability. Finally, be especially skeptical of any site that claims they are the “official service animal registry”, because according to the ADA there is no such thing.

I’m sure you’ll do a good job training your dog, and in the end you’ll have a great helper.

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