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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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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CDC Issues New Rabies Regulations

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The Centers for Disease Control (CDC) recently issued new rabies vaccination and health regulations for all dogs entering the US. This includes service animals, and it also applies to dogs returning to the US. The new rabies regulations, which went into effect on August 1, 2024, require all dogs entering the US to:

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

Why the New Rabies Regulations?

These new regulations replace the old regulations, which were issued in 1956. So why are new rabies regulations necessary?

Although dog rabies was eliminated in 2007, a reintroduction is possible if dogs from high risk rabies countries enter the US unvaccinated. And the US imports approximately 1 million dogs each year.

And then there’s the issue of fraud. There has been widespread fraud in importation documents, and it’s felt that will subside with stricter rules, specifically an ISO-compatible microchip and vaccination and import forms that are completed by a USDA-accredited veterinarian.

Additionally, unhealthy animals that were previously turned away at customs were sometimes housed in unsafe and unsanitary conditions by the importers. With the new rules in place, it’s hoped the incidence of unhealthy or diseased dogs at international border crossings will decrease. In other words since the new process will entail more time and money, it’s believed that only reputable exporters or responsible pet owners will likely complete it.

And finally, it will pretty much bring the US in line with the majority of other countries that have upped their entrance requirements in order to keep rabies at bay.

Rabies Regulations and Service Animals

Will the new rabies regulations be more time consuming for folks with service animals? Probably. People who fly with service animals already have to fill out the DOT forms that list the service animal’s veterinarian and vaccination information. Now a USDA-accredited veterinarian will have to fill out the CDC-required rabies vaccination form and the import form. It will likely involve an office visit and of course a vet bill.

The bigger problem could be finding a USDA-accredited veterinarian. This handy tool can help you find out if your vet is USDA-accredited, or locate one nearby who is. But start early, as some offices may be inundated with people wanting to travel, and others may just stop taking new patients because of the overload.

You’ll also need to make sure your dog’s microchip is ISO-compliant. This means that it has 15 digits which is the international standard. Some older chips may not make the cut, so you may have to have a new one implanted. Your vet can determine if the microchip is ISO-compliant.

And finally, when you do get the paperwork from the vet, make copies. The CDC advises people to travel with at least two copies, in case a customs agent needs to retain one.

And for more information about the rules and regulations about flying with your service animal, visit https://emerginghorizons.com/flying-with-a-service-animal-heres-what-you-need-to-know/.

 

 

 

Found Animals Foundation from Los Angeles, United States, CC BY-SA 2.0 https://creativecommons.org/licenses/by-sa/2.0, via Wikimedia Commons

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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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.

 

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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Barrier-Free Travel
National Park Lodges
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