Gaps in the ADA

Courtesy of the Durango Herald, we know about the plight of a disabled visitor to Durango, Colorado (USA). It highlights one of many gaps in the Americans with Disabilities Act, and shows how different lobbyists ensured loopholes existed in the ADA.

(note that the ADA is a USA law, so what I say here doesn’t apply to other countries)

In the story, you hear that taxi services aren’t required to be accessible (and some pretty disgusting comments from the owner of Durango Transportation, who notes “special needs require special services” after, in the article, explaining that a person using a wheelchair would pay $72 from his company to get to to town from the airport (an able-bodied person would pay $25). It should be noted that an advocate in the town said there was a different side to this and that local transportation companies were unwilling to provide any assistance. Another transportation company, Animas Transportation after mentioning an $85,000 cost for a van with a lift, said, “The additional costs of the liability insurance will make ‘your eyes water’.” which is yet another stereotype of the disabled that typically isn’t based in fact: that we’re a liability and safety risk (perception of higher liability insurance cost is also not a valid reason for discrimination under the ADA – that’s been fought in court).

I’ll note that the ADA prohibits the surcharge as described above, and it certainly does apply to Taxi companies. And while taxi companies are not required to purchase accessible automobiles (sedans), all other new vehicles purchased must be accessible (this link also talks about surcharges being prohibited). Big surprise, though: a business (or two!) that doesn’t think the ADA applies to them. It’s also interesting that transportation businesses aren’t expected to make their transportation accessible in many cases (buy used vehicles or stick to just buying sedans), but another business who isn’t a transportation company, such as a hotel, is required to be fully accessible if they provide a shuttle service. I have a hard time believing that a hotel faces less of a financial hardship to equip their shuttle van with appropriate lifts (or providing equivalent service) but a taxi company is unable to do the same – particularly since these same taxi companies may be contracted by private businesses to operate shuttle services (so you would think it would make good financial sense, if you want private contracts, to have at least one accessible vehicle!).

As an aside, kudos should go to Doubletree Hotels for having an accessible shuttle (as required by the ADA for a hotel shuttle – unlike taxis, hotels don’t get any exceptions for accessibility in their shuttle service) – apparently the only one in Durango. Unfortunately the man wasn’t going to the Doubletree. But it’s nice to see Doubletree is willing to sell their product to both non-disabled and disabled people, and comply with the law, since sadly many businesses are not. It should also be noted that the Durango and Silverton Narrow Gauge Railway managed to make their historical steam-driven train and facilities accessible, something that taxi services can’t manage to do.

Just what isn’t covered by the ADA, as far as public access? It turns out a lot. But we start with the two main categories of exceptions from Title III:

  • Private Clubs (basically anyone who can also exclude someone on the basis of race)
  • Religious Organizations

For physical accessibility, however, there are additional exceptions (this is in addition to the numerous exceptions in the design standards that say things like a toll road can build completely physically inaccessible tollbooths and then, because now a wheelchair user can’t access them, not hire people who use a wheelchair even if the user could otherwise do the job well):

  • Taxi service automobiles (sedans, not vans)
  • Houses (builders can build a 5,000 house subdivision without making even one house in the subdivision accessible, unless they have a sales office in a model home, in which case that one home must be at least partially physically accessible)
  • Air and rail transportation (these are covered by other laws)
  • Anything a State historical society decides couldn’t be modified
  • Apartment buildings in most cases
  • Homeowners associations in most cases
  • Most multi-story office buildings with less than 3,000 square feet per floor (physical access to space is not required)

I’ll also note there are many other exceptions, such as movie theater captioning (they don’t have to do that).

The ADA is a good law (and does apply to the Durango taxi services!), but it’s still has gaps that we need to continue to work to close. We aren’t done yet.

Bookmark the permalink.

Comments are closed.