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View Full Version : ADA vs. NPS - who wins?




Mr. Protocol
08-19-2006, 11:53 AM
I just got back from Yellowstone National Park - I'll get pix on the Web
in a bit - where I saw not one, but two Segs in the wild. One was the
most beat-up P series I've ever seen, gliding along the Old Faithful
boardwalk. The rider was one of the cutest girls I've ever seen, and
as I live in LA that's saying something. She had left-side weakness.
As this left her with speech problems, her husband/BF/SO/whatever,
who was in a wheelchair did most of the talking. I pointed them
in the direction of DRAFT. She was just gliding along on the
"forgiveness is easier than permission" philosophy, unaware of
what I remember to be an official "on hold, don't use 'em" NPS
policy towards Segs till they can make up their minds around 2007
or 2008 or so.

A few days later I ran into a woman gliding down the Upper Basin
boardwalk toward Castle Geyser, making use of the ramp that
replaced the stairs at the Firehole River bridge. She was firmly of
the opinion that it didn't matter what the NPS said, the ADA trumped
them. I smiled and let her go on her way.

But the ADA and the NPS are both Federal, so there is no default
precedence here. Does the ADA indeed prevent the NPS from, not
banning Segways, but placing them "on hold" till a policy can be
put in place?

I'm diabetic. My feet are more or less OK so far but I managed to
whack one of them up badly enough on this trip that I am now
sporting a temporary handicapped parking placard for the first
time in my life. Realistically I have to prepare for the possibility that
that red placard may turn blue some day. So I'm keenly interested
in the answer.

I'd like responders to bear in mind the fact that although many posters
in this forum state categorically that, for example, the ADA means
Disney is legally obligated to allow Segways in their (U.S.) parks,
they currently don't, and I haven't heard of any lawsuits either in
progress or in preparation to reverse this. What's with that? So,
please differentiate between legal theorizing and "truth on the
ground".




Tarkus
08-19-2006, 12:31 PM
Good questions.

I would also post this on DRAFT where there are some legal minds.

The ADA/NPS deal is interesting and I'll need to do some research. Maybe someone will have the "legal deal"

As far as just do it and see if you get stopped, that's a personal decision.

I have used my HT in National Parks without issue, after speaking to Rangers. That Ranger may have been wrong, who knows.


Disney. Just because you don't see it posted doesn't mean that somebody is not in the process of taking action.

I'm on the road and will post about many stops along the East Coast.

Some places not a question, others a simple explanation to the proper people got me in.

Regards,
Alan

PS-I also use the ADA Trumps all and have been very successful at it.
not to mention the Rehabilitation act of 1973 and Assistive Technology Act

Also look at the Advocacy Section of DRAFT, in the Documents file you will info you should print out and carry.

It's a rare day I don't get in. Remember to smile alot, that also seems to help !

QuadSquad
08-19-2006, 12:39 PM
Good morning,

We are so busy over at DRAFT that I had a self imposed ban against posting until after October but this is too tempting not to reply.

First of all all of us over at DRAFT are delighted that you are seeing more people with disabilities who use a Segway as their mobility device experiencing all the treasures that our National Parks offer us.

It wasn't too long ago that a visit to Yellowstone Park would not have been permitted.

Mr. Protocol, I'm guessing that you are not aware of the Congressional hearing which occurred in May at which DRAFT testified. So you can be brought up to date I offer you the opportunity to visit the below web page.

http://www.draft.cc/draft3/DRAFTArticlesLetters/CongressionalTestimony/tabid/97/Default.aspx

The National Park Service has responded to Congressman Pearce and after Labor Day we will be convening a conference of all of the stakeholders to discuss their positions on all of the issues which affect people with disabilities.

To summarize it currently the National Park Service has not created a systemwide policy but is leaving it to the discretion of their individual superintendents.

We know of no instance where anyone with a disability who is using a Segway at any National Park has encountered any difficulty whatsoever subsequent to the May congressional hearing.

The law which protects us in the National Park System is The 1973 Rehabilitation Act and it's amendments. While the ADA does not apply to federal agencies they are required to comply with it under Executive Order.

With regard to your last paragraph:

"I'd like responders to bear in mind the fact that although many posters
in this forum state categorically that, for example, the ADA means
Disney is legally obligated to allow Segways in their (U.S.) parks,
they currently don't, and I haven't heard of any lawsuits either in
progress or in preparation to reverse this. What's with that? So,
please differentiate between legal theorizing and "truth on the
ground".".

Just because you don't see something happening doesn't mean nothing is happening.

DRAFT is working on these issues seven days a week. October will not only bring us Segfest but in all probability a great deal of clarity to your questions.

Visit the DRAFT site. (http://www.draft.org)

Tarkus
08-19-2006, 12:46 PM
Thanks Leonard,

Happy for your help, glad to see the "gang" is watching this site.

Speak to you soon,

Alan

PS-Thank you Jerry also !

QuadSquad
08-19-2006, 01:06 PM
Thanks Leonard,

Happy for your help, glad to see the "gang" is watching this site.

Speak to you soon,

Alan

PS-Thank you Jerry also !

:D Alan

Quadsquad is me "Jerry"

SitnSeg is Leonard, it's hard to tell us apart;) especially since we're together a lot.

Tarkus
08-19-2006, 01:18 PM
I just came back on to fix that !!!

I have no excuse.......

This whole real name screen name thing is too much for my simple mind..!

Alan

Sunday
08-20-2006, 12:27 PM
Since I live so close to Yelllowstone and Grand Teton National Parks, this is interesting information to know, in case I happen upon a Segway owner.

BTW, anyone heading out this way is welcome to drop me a line!


Mark

Tarkus
08-20-2006, 05:50 PM
Since I live so close to Yelllowstone and Grand Teton National Parks, this is interesting information to know, in case I happen upon a Segway owner.

BTW, anyone heading out this way is welcome to drop me a line!


Mark

Mark,

Yellowstone is on my list of places so don't be suprised if you hear from me !

Alan