Rollz International/Pexels
People with disabilities who get around by using one of those wheeled walkers with an attached seat are not allowed to bring them inside of SeaWorld and some other popular tourist attractions. My wife uses a walker like that and so does our neighbor, who is a Vietnam vet. Both would consequently have a hard time visiting these establishments.
On March 26, the U.S. Department of Justice filed a lawsuit against United Parks & Resorts Inc. and its subsidiaries, alleging that UPR’s policy banning guests from using wheeled walkers with seats, including rollators, violates the Americans with Disabilities Act. UPR is a global theme park and entertainment company that owns, leases, or operates twelve parks and experiences in the United States, including SeaWorld Orlando, Busch Gardens Tampa Bay, Discovery Cove Orlando, and Aquatica Orlando.
According to the lawsuit complaint, the DOJ began investigating UPR last November in response to reports that people who have walkers with attached seats were not allowed to enter these parks. It recounts how the mother of a disabled boy who used such a mobility device sent an email to Accessibility Services at SeaWorld Orlando to ask whether he would be allowed to bring it in. She was told that no, he could not, but that he could use an adult-sized device that would be supplied by the park, an option that was not medically appropriate.
The complaint also says that when two military veterans and their families showed up at SeaWorld Orlando, they were told they could not bring in their devices but could rent wheelchairs or other approved devices from the park. It says one vet opted to use a SeaWorld wheelchair and did so for free but was told that he would have to pay a rental fee if he returned. The complaint says that the other vet wasn’t offered a free alternative and opted to leave because it wasn’t feasible for his wife to push him around the park in a wheelchair.
“The ADA requires theme park companies like UPR to provide guests with equal access, regardless of ability,” said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida, who brought the suit. “This complaint reinforces our commitment to holding public accommodations in the Middle District of Florida accountable when they engage in disability discrimination.”
UPR disagrees, issuing a statement that said, “The policy at issue was implemented to address repeated safety incidents involving misuse of rollators with seats and was designed to enhance guest safety while continuing to provide accessible options for all guests. We offer alternative mobility devices at no cost to ensure guests can fully enjoy our parks.”
Whereas the complaint acknowledges that UPR may impose safety restrictions, it says “those requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.”
This reminds me of how insulting and demeaning it felt before the ADA when I went to a public venue that didn’t have a wheelchair seating section and was told that I had to sit in a regular seat. My wheelchair, deemed a fire hazard, would then be taken away and brought back at the end. And there was nothing that I could do but comply or leave.
The ADA is intended to eliminate that sort of mistreatment. The U.S. Department of Justice, wonder of wonders, is on the right side of this one.