Revised rule under the Americans with Disabilities Act (ADA)

[Rain Man]

ATC's March 2011 'The Register' Sidehill column

"On March 15, the Department of Justice’s (DOJ) revised rule under the Americans with Disabilities Act (ADA) went into effect. It applies to “public entities” (state and local governments) and to businesses open to the public, requiring them to accommodate “other power-driven mobility devices” (OPDMDs) by individuals with mobility disabilities ..., unless [it] can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements." ...

"The new rule will apply to the Appalachian Trail across approximately 400 miles of state parks, state forests, game lands, municipal parks, and watershed lands. It does not apply to lands managed by federal agencies such as national forests and national parks."

"A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." ...

"As long-time caretakers and managers of the Appalachian National Scenic Trail, we believe that inappropriate motorized vehicle use, depending on local circumstances, would constitute fundamental alteration to the nature of the Trail, damage its natural and cultural resources, impact the safety of Trail users and most importantly, violate the core value of the A.T. as America’s only national scenic trail where “footpath” is named by law ...."

"ATC strongly urges its state and municipal partners to assess their lands using the DOJ criteria, and to protect the unique value of the A.T. as a footpath under the National Trails System Act. We offer any assistance to that end."

(much more at the link above)

I believe the AT clearly falls under the exception provided in the law and regulations. No "scooter chairs" running up and down the AT; no matter how much I'd like one at times, climbing some of those mountains!

Rain Man

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[Enic]

To me, it sounds like it wouldn't be safe (one of the requirements) for a powered vehicle to be on the trail. That is, where are you going to plug in your power scooter at the shelter? Wouldn't be safe to allow wheelchairs and power scooters on most parts of the trail. I don't think this will change the trail as we know it too much.

[Snowleopard]

When the AMC's Galehead Hut was rebuilt NH's version of the ADA required wheelchair accessibility for any new buildings. Soon after that an expedition of 3 wheelchair bound athlete/hikers (with assistance) and two on crutches made it to the hut. 2400' vertical rise and 4.6 miles. Wheelchair bound clearly doesn't mean lacking strength or determination.

[Kerosene]

Wheelchair bound clearly doesn't mean lacking strength or determination.

Very true. However, if they can make it up a mountain of that size then I'm confident that they could figure out how to get in and out of a building at the top of a mountain.

[Tinker]

When the AMC's Galehead Hut was rebuilt NH's version of the ADA required wheelchair accessibility for any new buildings. Soon after that an expedition of 3 wheelchair bound athlete/hikers (with assistance) and two on crutches made it to the hut. 2400' vertical rise and 4.6 miles. Wheelchair bound clearly doesn't mean lacking strength or determination.

I'm pretty sure that they did the trip to justify the modifications to the Hut, or to silence the nay-sayers. I would like to see more disabled folks on the AT, but hiking probably isn't first on the "to do" list of most disabled people. Heck, it isn't first on the "to do" list of most non-disabled (and "normal"-psychologically ) people. It isn't easy, and often it's not fun. It's a lot of work when you're not "working", and appeals mostly to people who want solitude, quiet, and a whole bunch of exercise.
More power to the disabled who hike.
Unfortunately, a lot of the money spent on making facilities accessible to he handicapped is wasted unless used on a regular basis.
In these days of economic downturn, our government can ill afford to spend money on projects which aren't absolutely crucial to the greater majority of the general public. They appear to be on the course of forcing private enterprises to pick up the tab for politically profitable decisions through legislation. Government for the government by the government.

[Skidsteer]

They appear to be on the course of forcing private enterprises to pick up the tab for politically profitable decisions through legislation. Government for the government by the government.

Also known as rampant idealogical insanity and willfull betrayal of common sense.

[JaxHiker]

This might clear the way for my "hiking" it with an all-terrain Segway!

[Montana Mac]

Some sections are already wheelchair accessible.

http://www.trailspace.com/articles/2...ian-trail.html

[Lilred]

sounds like they changed the law so they won't have to put wheelchair ramps on privies....

[Cabin Fever]

Public places like buildings, sidewalks, etc. make sense. Making hiking trails ADA accessible is unreasonable. Making shelters that cannot be reached (without great effort) ADA accessible is laughable. I certainly am not condemining those less fortunate than me, but our nation is obsessed with writing laws that benefit the vast minority while inconveniencing the vast majority.

[Rain Man]

but our nation is obsessed with writing laws that benefit the vast minority while inconveniencing the vast majority.

Not sure what a "vast" minority is... seems like an oxymoron to me ... but our Nation was pretty much founded on protecting minorities from tyranny by the majority. Otherwise, we couldn't need our Constitution. We could just do everything by majority vote.

The ADA has some very reasonable exceptions and some apply to the AT, as the article says. Did you read it? Indeed, that's sort of the point of the article.

RainMan

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[Tuckahoe]

Regarding ADA access on Virginia state park trails -- http://www.dcr.virginia.gov/state_parks/accessib.shtml

Virginia State Parks strive to make each park as barrier-free as possible for the convenience of those with limited mobility. Facilities continue to be upgraded for everyone's enjoyment. Each park page on this site has information on the availability of facilities for people with disabilities. Please check back often as we are updating these pages, working to provide more comprehensive information on specific facility and service availability. In the meantime, please contact the State Parks Reservation Center at (800) 933-PARK or the individual park for more information before your trip.

Personal Mobility on Trails
The Commonwealth of Virginia’s natural area preserves, state forests, state parks and wildlife management areas offer hundreds of miles of trails designed for people to enjoy (or access) the outdoors. These trails offer the public opportunities to experience and enjoy the state’s flora, fauna, cultural resources and scenic beauty. Hiking, angling, boating, hunting, wildlife watching, bicycling and horseback riding are proven contributors to good physical health and mental well-being – part of a healthy lifestyle that reduces illness, obesity and anxiety for all.

Effective March 15, 2011, these trails will be open to wheelchairs, including manual and power wheelchairs, personal mobility assistive scooters and certain other similar devices designed primarily to assist people with disabilities. Users are encouraged to use caution when selecting trails, as many were designed for foot traffic only. Terrain might make them unsuitable for personal mobility devices.

As part of their commitment to making Virginia’s public lands places for all to enjoy, the Virginia Department of Conservation and Recreation, Virginia Department of Forestry, and Virginia Department of Game and Inland Fisheries are also in the process of evaluating safety concerns and the environmental impacts of opening these trails to the use of other power-driven mobility devices by individuals with mobility disabilities. Please check this webpage periodically for updates.

[Pedaling Fool]

This is one of those issues that could become an issue if you love to hike on a rustic trail, but I believe medical science will solve this problem before too many trails are transformed into this

[Tilly]

This is one of those issues that could become an issue if you love to hike on a rustic trail, but I believe medical science will solve this problem before too many trails are transformed into this

This looks a path in a local town park. Doesn't look so bad to me.

But I understand your sentiment.

[Pedaling Fool]

This looks a path in a local town park. Doesn't look so bad to me.

But I understand your sentiment.

It is.... http://www.greatwheelchairaccessible.../Tennessee.php

I was in a hurry, had to go downtown.

[dbrady]

Let's not make a mountain out of a molehill.

However with our overly litigious society (and I share an office suite with an attorney), somebody, somewhere, will decide to press a case for thier own benefit. I can only speculate as to their goal with the case, whether economic gain, attention or they truely believe one in a scooter should be able to dsrive up Blood Mtn.

As a society we have historically progressed towards a socialized nation. Not going down the path of a political argument or to make any ideological statements. The fact of the matter is, those in a minority position whether it be race, gender, marriage, economic, etc. have been able to use our national laws to improve their condition, for personal gain, or to stick it to the majority (i.e. "holiday break" for schools instead of "Christmas break").

In my opinion there seems to be a rising pushback from the majority, mainstream, etc. and to some degree an attempt return to common sense. I read a newspaper article last week in North Carolina about a retiring judge who lambasted lawyers for frivilous law suites against corporate mergers by minority stockholders. It wasn't that the case was to protect the minority shareholders but the focus was on the lawyers profiting my making a case every time a merger is announced (think high level ambulanbce chasers).

Ok - think if I continue, wil start to get political so let me just say, I cannot imagine a scenario whereas public money is spent so a scooter can climb a mtn on the AT.

[Joshuatree]

LOL that is funny I know a couple of people who have to use power chairs to get around. They came in all upset that the goverment changed the rules concerning prescribed uses of power chairs. He explained that if your Dr prescribed one to use in and out of doors its no longer covered under medicare. Apparently they aren't weatherproofed so the frames and motor mounts are rusting out and are unrepairable after a couple years as opposed to 5 to 7 the maker claims they last. so the only way medicare will foot the bill is if they are prescribed for used indoors only

[Onwego]

Some laws were written to be ignored.

[WingedMonkey]

Not going down the path of a political argument or to make any ideological statements

But you did Blanche, but you did.

[jbwood5]

Regarding ADA access on Virginia state park trails -- http://www.dcr.virginia.gov/state_parks/accessib.shtml

I expect to see all terrain mobility scooters with independent wheel shock absorbing springs/shocks and gyro stabilizers with this new law in-place. Not good IMHO