JOE ZESSKI: Hello. Welcome to this edition of Ask About the ADA podcast, where we answer questions about the Americans with Disabilities Act and we talk about how it applies to everyday living.
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On this week's episode, we have two questions that get to a really important point. The ADA must be looked at on a case-by-case basis, and individual situations have to be assessed by themselves. They have to be assessed on their own. That being said, let's dive in.
Here's our first question. "I'm a concert organizer. A ticket holder has asked to bring their golf cart to the outdoor event, as they use it for mobility aid. Do I have to allow the use of a golf cart?" Well, this is one of those situations where you really have to look at a number of different factors and really think things through.
People with disabilities use a variety of different types of devices as mobility aids. And really, it's according to what best meets their needs. While a lot of people are familiar with individuals who might use a wheelchair or perhaps a scooter, the ADA does permit, under its 2010 regulations, individuals with disabilities to use a variety of different devices that are categorized as other power-driven mobility devices. So some examples of this might be a golf cart, or it could be a Segway, or perhaps some other type of device.
Now, public accommodations, which are Title III entities-- and this particular concert promoter would fall into this category-- or public entities, which are state and local government and covered under Title II, may need to allow the use of these different types of other power-driven mobility devices. Now, this might be the case even if a person without a disability would be prohibited from using such a device.
As a concert organizer, you have the right to assess if it can or cannot be accommodated based on legitimate safety concerns. Now, legitimate safety concerns means that it has to be based on actual risk and not on mere speculation or conjecture. There is guidance on this point from the Department of Justice. In their fact sheet ADA Requirements-- Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices, they list different factors to consider when trying to decide if it's safe to operate, and permissible to operate, another other power-driven mobility device in a given area.
The first factor to look at is the vehicle itself, or the aid itself. You can look at the type, the size, and the operating speed for the vehicle. Can those be operated and accommodated safely in the environment? The second factor to look at is the volume of pedestrian traffic where the other power-driven mobility device would have to operate.
You have to keep in mind, too, that this can vary. A space can be very crowded, say, from the hours of 9:00 to noon, but perhaps it's much less crowded in the evening. Or in this case, with a concert, there may be a lot of volume of pedestrians to consider.
The third factor that the Department mentions is to consider the facility's design and operational characteristics. And what that means is, is the facility in question an indoor or an outdoor venue? How much density is there in terms of objects in the space? Is there a lot of furniture to consider? Are there aisles which are very narrow? Those are issues to consider as well when you're making an assessment.
The fourth factor that they list is whether or not the legitimate safety requirements can be established for operating the other power-driven mobility device. And in this case, we're talking about a golf cart. You're talking about, can we establish a safe operating speed? Is there wide enough lanes for a golf cart to move safely through pedestrian traffic? These are factors that you have to consider.
The fifth and final factor that the Department lists is whether operating the other power-driven mobility device would create a substantial risk of harm to the immediate environment or to natural or cultural resources, or if it would pose a conflict with federal land management laws and regulations. So that also does need to be considered, depending on the particular venue and circumstance.
So when we return to the original question about allowing the golf cart at an outdoor concert event, the answer is it might be difficult to accommodate, but you really have to assess the situation carefully. You have to look at the physical layout, the size of the venue. How big of a crowd is going to be expected? Can it be safely operated in terms of its speed? So these are all different possible factors to look at and to consider.
Now, that being said, let's say the decision is made that it cannot safely allow the golf cart to operate. That means, though, that the concert organizer in this case, or whatever entity or organization is involved, still has to consider other options. Is there another type of other power-driven mobility device that could be allowed or permitted, or is there some other means to allow access to the concert for the person with a disability?
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Now let's look at our second question, which is also from a concert organizer. "We have a campground available for people attending an outdoor concert. A patron called and asked if they could have electricity provided at their tent because they use a CPAP machine at night to help them sleep. We don't usually offer this service. Do I have to allow this accommodation?"
You have to look at the general and then the specific. And in general terms, if this service is not provided to any tents or to other patrons, then the answer could be no. Now, that being said, you have to assess if electricity could be provided relatively easily to the tent without causing what's known as an undue burden. An undue burden is a term from the ADA under Titles II and III, so again, dealing with public accommodations and public entities.
An undue burden is an action that would cause significant difficulty or expense if it would be carried out. With that considered, would providing the accommodation offer equal access for the camper? And if the answer is yes, then the accommodation should be provided. So you have to look at the situation as a whole.
And you have to look at the individual, their request, what is doable, and whether the accommodation in question would provide equal access. This question, and the first one, really get to the point that the ADA is really a thinking person's law, and you have to examine every case on an individual basis. You have general principles that can guide you, but understanding the law and applying it takes some thought and careful consideration.
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Thanks for joining us this week on the podcast. I'm Joe Zesski, program manager at the Northeast ADA. Thank you to Grace Fairchild, our producer and editor. Thank you as well to Peter Quinn of the Yang-Tan Institute, who also edits our materials and does the final polishing. And thank you to our technical assistance team for providing today's content.
Please follow us on social media. And if you have questions, please feel free to reach out to us here at the Northeast ADA. You can call us at 1-800-949-4232, or you can email us at northeastada@cornell.edu. Visit our website, northeastada.org, and look for us on social media. Thank you for joining and keeping the conversation moving forward.
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