F E AT U R E A DA
Americans with Disabilities Act in the Glamping Space BY DAVID AMIDON & KAITLIN SPURLING
W
hat if someone told you that you could increase your customer base by 61 million people? What if you could attract 26% more of the American population? According to the Centers for Disease Control and Prevention, one out of four adults in the United States has a disability that affects their everyday activity. Some were born with them, others were affected later in life, some may be temporary, while others are permanent.
THE ADA The Americans with Disabilities Act is a U.S. federal civil rights law that prohibits all forms of discrimination against disabled individuals in their everyday activities. The definition of “disability” under the ADA includes physical impairments, such as orthopedic, visual, speech, and hearing impairments, as well as mental and psychological impairments, such as learning disabilities, intellectual or developmental disorder, organic brain syndrome, and emotional or mental illness. The ADA ensures that disabled individuals are afforded full and equal opportunities to goods, services, privileges, and facilities at public accommodations. “Public accommodations” include places of lodging, such as inns, motels,
hotels – and notably here, glamping facilities. So, your glamping facility qualifies as a place of lodging under the ADA, and thus is subject to its regulation. “Readily Achievable” Standard under the ADA. In order to meet ADA accessibility standards, glamping operators must meet its “readily achievable” standard by removing existing communication and architectural barriers, so long as it’s “readily achievable”. “Readily achievable” means that the design and/or modifications must be easily accomplishable and executable, without undue difficulty or expense. Given the broad scope of this standard, how to address a particular barrier is determined on a case-by-case basis.
FACTORS TO CONSIDER In order to determine whether addressing a barrier is “readily achievable”, the following factors are weighed and balanced: (i) the nature and cost of action; (ii) the overall financial resources involved; (iii) the number of people employed; (iv) the effect on expenses and resources; and (v) the legitimate safety requirements necessary for safe operation.
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REQUIRED READILY ACHIEVABLE MODIFICATIONS The ADA expressly sets forth a list of modifications that they consider readily achievable which includes: Installing ramps; Making curb cuts in sidewalks and entrances; Repositioning furniture; Widening doors; Installing offset hinges; Installing grab bars in toilet stalls; Rearranging toilet partitions to increase maneuvering space; Installing a raised toilet seat; Installing a full-length bathroom mirror; and Creating designated accessible parking spaces. This list is merely illustrative and not exhaustive, and glamping facilities will be evaluated on a case-by-case basis, grounded in the circumstances of their specific glamping operation. Nonetheless, in order to avoid legal entanglements, current glamping facility operators should assess their ADA compliance, and potential new operators should evaluate their abilities to meet the “readily achievable” standard.
