To whom does the ADA apply?

[Moonstoners]

As a Canadian who will be visiting the US for a cruise in December, does the ADA apply to me while in the US?

I'm asking because I've just been told by a Holiday Inn in Galveston that they do provide transportation to the Pier, but they couldn't provide it for my son, who's in a wheelchair, unless he was able to ride in the vehicle and transport his chair separately.

They also said that since it's a FREE service, they're not bound by the ADA......at least, they don't think they are.

As a Canadian, I'm not familiar with the act, and would love some further information so I can pursue this.

R. Aubrey Hawton

[Queenie2]

Well I suggest you contact the manager of that Holiday Inn (not a desk clerk). Under the Americans with Disabilities Act (ADA), hotels that offer courtesy transportation (of any kind) must also provide accessible transportation free of charge. It's in the ADA.

And yes even if you are traveling from Canada (or Europe or Australia or Greenland for that mater) it applies. It applies because because the hotel is a US based property (not based on the nationality of the visitors)

You can also tell the manager that he may want to contact the corporate office on this one. And please, feel free to tell him that I'd be happy to explain the law to him if he wants to contact me (hmmm..wouldn't that make a great editorial??)

Candy

[ashleysmm]

We stayed at a Hampton Inn in San Diego last fall prior to our Panama Canal cruise. The hotel provided free van shuttle to and from the airport and the pier. The shuttle was not accessible and after speaking with the Hotel Manager they called a cab for us and prepaid for our ride from the Hotel to the pier. You need to speak to either the manager of the hotel directly or email the Hotel Chain's corporate office to resolve this transportation issue.

[cjh]

You would think that since Holiday Inn has been sued more then anyone under the ADA they would get their act together and forward the information down to their hotels.

I had a problem with a Holiday Inn in CT I had requested an accessible room and was given a non accessible room because there were 4 of us and the accessible rooms only held 2. the non accessible rooms bathroom door was so small that even my youngest daughters wheelchair couldn't fit in the door. I could carry her into the bathroom but not her older sister that is also in a wheelchair. I went to the front desk and explained that she would have to crawl into the bathroom and then pull herself up on the toilet. The desk clerks response was I really don't see what the problem is and I'm not going to give you an accessible room. Well, I had them find the Hotel manager and told him I had better be given an accessible room as well as the adjoing room for free or I would file an ADA complaint. He made a phone call to the corporate office and guess what they told him what I did give her both rooms and I even got one night free. (We were there r a week for wheelchair games)

[Moonstoners]

[quote name='Queenie2']Well I suggest you contact the manager of that Holiday Inn (not a desk clerk). Under the Americans with Disabilities Act (ADA), hotels that offer courtesy transportation (of any kind) must also provide accessible transportation free of charge. It's in the ADA.

And yes even if you are traveling from Canada (or Europe or Australia or Greenland for that mater) it applies. It applies because because the hotel is a US based property (not based on the nationality of the visitors)

You can also tell the manager that he may want to contact the corporate office on this one. And please, feel free to tell him that I'd be happy to explain the law to him if he wants to contact me (hmmm..wouldn't that make a great editorial??)

Candy[/QUOTE]
I just spoke with the MANAGER ON DUTY at the Holiday in in Galveston. He again told me that they did not have a van equipped with a lift, and that they wouldn't be able, at this time, to accommodate the transportation need for my son. The GENERAL MANAGER was away at a Conference, though, and I suggested that I should perhaps speak with him, or with their Corporate Office. He seemed unaware of the requirements of the ADA. He did promise to "check into it" for me, so I'll give him a week, and jog his memory.

I'm sure something can be worked out.........eventually.

Thanks to everyone for your assistance and ideas. I never thought this would be such a long, drawn-out process......

[DesrtDrmr]

I had a similar problem last year in FLorida. I got the ADA information from someone on this board. Splinter and Queenie, I think. :) The desk clerk that answered the phone was not helpful. I emailed the corporate office of the hotel chain through their website. Someone called me, from the hotel, within the next day, and arranged for me to be picked up by an accessible van at the airport. We got to the airport, and were NOT met. We used an accessible taxi van, took it to the hotel, and were immediately reimbursed for the fare and the tip. The next morning, they had a lift equipped van waiting for me at the door, at the agreed upon time. They were very nice to me, and accommodating AFTER I contacted the corporate office. I was a bit uncomfortable being so insistant, but I just figured that maybe it made it easier for the next person that needed a little extra help. Good luck, and don't take NO for an answer............ :)

[Splinter]

The ADA requires that they provide equal wheelchair accessible transportation to what is provided to AB customers. If there is a charge for AB customers, there can be no higher charge for the wheelchair user. If it is free for AB customers, there can be no charge for wheelchair customers. The hotel does not have to have a modified van, but they would have to contract with an accessible cab or wheelchair transport company to provide this service. Technically they cannot require more notice than they require for their other customers either.

Here is the actual text:

[Quote]Sec. 37.23 Service under contract.

(a) When a public entity enters into a contractual or other
arrangement or relationship with a private entity to operate fixed route
or demand responsive service, the public entity shall ensure that the
private entity meets the requirements of this part that would apply to
the public entity if the public entity itself provided the service.
(b) A private entity which purchases or leases new, used, or
remanufactured vehicles, or remanufactures vehicles, for use, or in
contemplation of use, in fixed route or demand responsive service under
contract or other arrangement or relationship with a public entity,
shall acquire accessible vehicles in all situations in which the public
entity itself would be required to do so by this part.[/Quote]
and
[Quote]Sec. 37.29 Private entities providing taxi service.

(a) Providers of taxi service are subject to the requirements of
this part for private entities primarily engaged in the business of
transporting people which provide demand responsive service.
(b) Providers of taxi service are not required to purchase or lease
accessible automobiles. When a provider of taxi service purchases or
leases a vehicle other than an automobile, the vehicle is required to be
accessible unless the provider demonstrates equivalency as provided in
Sec. 37.105 of this part. A provider of taxi service is not required to
purchase vehicles other than automobiles in order to have a number of
accessible vehicles in its fleet.
(c) Private entities providing taxi service shall not discriminate
against individuals with disabilities by actions including, but not
limited to, refusing to provide service to individuals with disabilities
who can use taxi vehicles, refusing to assist with the stowing of
mobility devices, and charging higher fares or fees for carrying
individuals with disabilities and their equipment than are charged to
other persons.[/Quote]
and
[Quote]Sec. 37.33 Airport transportation systems.

(a) Transportation systems operated by public airport operators,
which provide designated public transportation and connect parking lots
and terminals or provide transportation among terminals, are subject to
the requirements of this part for fixed route or demand responsive
systems, as applicable, operated by public entities. Public airports

[[Page 385]]

which operate fixed route transportation systems are subject to the
requirements of this part for commuter bus service operated by public
entities. The provision by an airport of additional accommodations
(e.g., parking spaces in a close-in lot) is not a substitute for meeting
the requirements of this part.
(b) Fixed-route transportation systems operated by public airport
operators between the airport and a limited number of destinations in
the area it serves are subject to the provisions of this part for
commuter bus systems operated by public entities.
(c) Private jitney or shuttle services that provide transportation
between an airport and destinations in the area it serves in a route-
deviation or other variable mode are subject to the requirements of this
part for private entities primarily engaged in the business of
transporting people which provide demand responsive service. They may
meet equivalency requirements by such means as sharing or pooling
accessible vehicles among operators, in a way that ensures the provision
of equivalent service.

Sec. 37.35 Supplemental service for other transportation modes.

(a) Transportation service provided by bus or other vehicle by an
intercity commuter or rail operator, as an extension of or supplement to
its rail service, and which connects an intercity rail station and
limited other points, is subject to the requirements of this part for
fixed route commuter bus service operated by a public entity.
(b) Dedicated bus service to commuter rail systems, with through
ticketing arrangements and which is available only to users of the
commuter rail system, is subject to the requirements of this part for
fixed route commuter bus service operated by a public entity.

Sec. 37.37 Other applications.

(a) A private entity does not become subject to the requirements of
this part for public entities, because it receives an operating subsidy
from, is regulated by, or is granted a franchise or permit to operate by
a public entity.
(b) Shuttle systems and other transportation services operated by
privately-owned hotels, car rental agencies, historical or theme parks,
and other public accommodations are subject to the requirements of this
part for private entities not primarily engaged in the business of
transporting people. Either the requirements for demand responsive or
fixed route service may apply, depending upon the characteristics of
each individual system of transportation.
(c) Conveyances used by members of the public primarily for
recreational purposes rather than for transportation (e.g., amusement
park rides, ski lifts, or historic rail cars or trolleys operated in
museum settings) are not subject to the requirements of this part. Such
conveyances are subject to Department of Justice regulations
implementing title II or title III of the ADA (28 CFR part 35 or 36), as
applicable.
(d) Transportation services provided by an employer solely for its
own employees are not subject to the requirements of this part. Such
services are subject to the regulations of the Equal Employment
Opportunity Commission under title I of the ADA (29 CFR part 1630) and,
with respect to public entities, the regulations of the Department of
Justice under title II of the ADA (28 CFR part 35).
(e) Transportation systems operated by private clubs or
establishments exempted from coverage under title II of the Civil Rights
Act of 1964 (42 U.S.C. 2000-a(e)) or religious organizations or entities
controlled by religious organizations are not subject to the
requirements of this part.
(f) If a parent private company is not primarily engaged in the
business of transporting people, or is not a place of public
accommodation, but a subsidiary company or an operationally distinct
segment of the company is primarily engaged in the business of
transporting people, the transportation service provided by the
subsidiary or segment is subject to the requirements of this part for
private entities primarily engaged in the business of transporting
people.[/Quote]

I would recommend getting a copy of the appropriate regulations as well as publications you can get from the PVA [url]www.pva.org[/url] and USA [url]www.unitedspinal.org[/url] (formerly EPVA) on your rights as a traveler.

Try these pages first:

[url]http://www.unitedspinal.org/pages.php?catid=7[/url]

[url]http://www.pva.org/cgi-bin/pvastore/products.cgi?id=2[/url]

[url]http://www.fta.dot.gov/legal/regulations/us_dot/5601_5606_ENG_HTML.htm[/url]

[Moonstoners]

Holiday Inn in Galveston hasn't been very helpful, so I've upped the ante: I phoned GUEST RELATIONS and they have launched an inquiry for me.

I'll keep you posted.

I like staying in Holiday Inns, but I have refused to book a room in this one until the transportation issue is settled, and I have something in writing!

R. Aubrey Hawton

[sologrip]

I was staying at the Summer Bay (timeshare) Resort in Orlando last May. When I asked about their advertised free transport to Disneyworld for myself, my service dog and my electric scooter I was given a schedule, which stated on the reverse that it was illegal in the state of Florida for shuttle buses to carry electric scooters. When I grilled the front desk about this they said that it was information given out by their transportation contractor and they could do nothing about it. Rather than yelling and screaming (I had just fought with Southwest Airlines for losing, then finding, then losing again a briefcase containing my life, so to speak, and I was mentally beat.) I just showed up at the shuttle stop the next morning and, when the driver refused to load my scooter I enlisted the assistance of a strong passenger, who loaded it with the strollers also being carried...I managed to carry on that way for four days, intending to take care of the resort management when I got home...I didn't, aside from digging up the fact that there is no such Florida law...
I'm about to head back to another timeshare resort in Orlando (Orange Lake Country Club)and they have already told me that their on-site shuttles (the place is HUGE) are not accessible and that I would have to give them 48 hours notice to take their off-site transport to Disneyworld. I am going to be staying there in December and thought I'd get started on the problem before December.....
Thanks for the information. I will be sure to provide it to them...GRRR!

[Queenie2]

Been traveling most of the past few weeks, but I have to say that Splinter's quotation of the law was most accurate. Tomorrow we are boarding the Pride of Aloha in Honolulu. "free service -- not bound by the ADA??" -- give me a break) what's free for one is free for all!! Clearly spouted from those who do not understnd the law (meaning the hotels, not the posters of course) Happy Holidays!!

Candy

[Moonstoners]

:D
Just had a phone call from the Manger of the Holiday Inn in Galveston, and from the Guest Services person at the Holiday Inn HQ in Atlanta.

Both assured me that accessible transportation WOULD be available for my son, and that it would be at no cost.

Thanks to all who gave me information that was very useful (essential, even!) in resolving this matter.

Now I can concentrate on saving the $$$ that'll be necessary for the cruise. At least I have 14 months to do that!!!


R. Aubrey Hawton

[Splinter]

Yeah! A small victory for everyone with a mobility disability! Only by persistence will the ADA be meaningful.

[CynBen]

Everyone-

Thank you so very much for this info. My family is crusing on Holland America out of Ft.Lauderdale over Christmas and New Year. We decided to go a day early and have booked the Sleep Inn in Dania, FL right near the airport and pier because they have free pickup shuttle from the airport and to the pier the next day. My father uses a motorized chair. I had asked them if they had a van with a lift and they said no. I know that FT.L's Yellow Cab company has lift equipped vans so I just thought we would have to do that for my Mom and Dad and one of us to assist (party of 12).

With this information, I am going to contact the Sleep Inn's corp.hdq. and see what happens when I request they provide accessible transport.

Thank you, thank you. I have gotten great ideas from y'all. My folks have traveled with HAL 2 times before with a manual chair, but this will be the first time with the motorized one.

And Splinter, I agree with your philosophy, people will only pay attention and follow the ADA requirements when we challange them.

Thanks again,
Cynthia

[daveco58]

[quote name='sologrip']I was staying at the Summer Bay (timeshare) Resort in Orlando last May. When I asked about their advertised free transport to Disneyworld for myself, my service dog and my electric scooter I was given a schedule, which stated on the reverse that it was illegal in the state of Florida for shuttle buses to carry electric scooters. When I grilled the front desk about this they said that it was information given out by their transportation contractor and they could do nothing about it. Rather than yelling and screaming (I had just fought with Southwest Airlines for losing, then finding, then losing again a briefcase containing my life, so to speak, and I was mentally beat.) I just showed up at the shuttle stop the next morning and, when the driver refused to load my scooter I enlisted the assistance of a strong passenger, who loaded it with the strollers also being carried...I managed to carry on that way for four days, intending to take care of the resort management when I got home...I didn't, aside from digging up the fact that there is no such Florida law...
I'm about to head back to another timeshare resort in Orlando (Orange Lake Country Club)and they have already told me that their on-site shuttles (the place is HUGE) are not accessible and that I would have to give them 48 hours notice to take their off-site transport to Disneyworld. I am going to be staying there in December and thought I'd get started on the problem before December.....
Thanks for the information. I will be sure to provide it to them...GRRR![/quote]


Just to make sure you understand, Sologrip - and believe me, I have researched this, because I own a time-share:
ADA applies to "public accomodations". Time-shares are private properties, NOT "public accomodations", and therefore NOT bound by the ADA.
My experience has been that MOST are very accomodating, and only once have I had a real problem, with a timeshare in Oceanside, CA. Most management companies prefer to comply with ADA requirements to be as inclusive as possible.

[Oceanwench]

DH uses a power chair or scooter.
When we stayed at an Embassy Suites in Orlando, they booked an accessible van/bus for us to transport us to WDW as their transportation vehicle was not accessible.

It was interesting, b/c the accessible van made a few stops at other hotels along the way and picked up a couple other folks in wheelchairs.

So not all hotels are ignorant!