rvwandering said:
I'm a little concerned that some of the places where you would want to go may not allow an electric bike on the trails. The ADA has guidelines for access to trails but each entity can ban alternative mobility devices by claiming that using one will cause problems.
http://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm#a35135
Calling a few places and asking seems like a logical idea but we've found that the person who answers the phone is often uninformed and you will not get a good answer. The best thing to do is go and see in person. I'd hate to see you spend a lot of money on something that you can not use as you wish.
You know, that's a point I had not considered much. I was thinking of it this morning, and the next time I see my pulmonologist, I would take a letter for him to sign. AND I will study the ADA and call the help line.
The part you pointed out (thank you so very much!)
§ 35.135 Personal devices and services
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.
note "This part does not require a public entity to provide to individuals with disabilities personal devices..."
I am not asking the entity (park, trail, exhibit, museum, zoo, etc) to provide the machine.
I would have my own. Many places provide manual wheel chairs, not helpful at all for me. SOME few provide a very limited number of scooters.
I haven't looked at the ADA for a long time, so can't quote chapter or verse, but entities are required by law to provide accommodations, and I would be asking for them.
As a quick overview, here's a bit of info. I have to look into it further: I won't go into much here
"Public entity." The term "public entity" is defined in accordance with section 201(1) of the ADA as any State or local government; any department, agency, special purpose district, or other instrumentality of a State or States or local government; Section 35.105 establishes a requirement, based on the section 504 regulations for federally assisted and federally conducted programs, that a public entity evaluate its current policies and practices to identify and correct any that are not consistent with the requirements of this part.
...
Paragraph (f) provides that a public entity may not place a surcharge on a particular individual with a disability, or any group of individuals with disabilities, to cover any costs of measures required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part. Such measures may include the provision of auxiliary aids or of modifications required to provide program accessibility.
...
Section 35.150 requires that each service, program, or activity conducted by a public entity, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities. The regulation makes clear, however, that a public entity is not required to make each of its existing facilities accessible ({35.150(a)(1)). Unlike title III of the Act, which requires public accommodations to remove architectural barriers where such removal is "readily achievable," or to provide goods and services through alternative methods, where those methods are "readily achievable," title II requires a public entity to make its programs accessible in all cases, except where to do so would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens. Congress intended the "undue burden" standard in title II to be significantly higher than the "readily achievable" standard in title III. Thus, although title II may not require removal of barriers in some cases where removal would be required under title III, the program access requirement of title II should enable individuals with disabilities to participate in and benefit from the services, programs, or activities of public entities in all but the most unusual cases.
There's probably more, I'll look later.
Yours is a valid caution. Again, thanks. According to the ads at the electric bike sites, not many people use them.
A bike, especially inside, would turn heads and cause questions. With my O2 tank attached and a letter from my physician, hopefully there would be no problem.
The shape of MY medical aid is different. A wheelchair is different from a cane, a scooter is different from a bike. All are mobility devices. I had a mobility dog for several years. She was never denied admittance, though we did have to wait at one museum. I finally asked the dude his name, and the name of his Superior so I could file a complaint for violation of the ADA. Lo and behold, the door swung open. (He had already seen my papers.)
A bike may cause a problem even though I would have a small one.
Just came across this:
§ 35.137 Mobility devices.
(a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use.
(b)
(1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h).
(2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider—
(i) The type, size, weight, dimensions, and speed of the device;
(ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
(iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
(iv) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and
(v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations.
Yours is a thoughtful and much appreciated comment.
