equivalent

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.