Americans with Disabilities Act in the Glamping Space

from Glamping Business Americas | February 2021

Glamping weddings will be huge by Kelly Chandler

BY DAVID AMIDON & KAITLIN SPURLING

What 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. 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.

LOCAL ACCESSIBILITY CONSIDERATIONS

It’s safe to assume that most, if not all glamping facilities will be further regulated by local zoning ordinances and building codes. Whether a glamping facility can exist and operate where the owner/operator intends, is controlled by the zoning designation of the property. How the glamping facility is built, how it’s laid out and functions, and how it should maintain its structural integrity and amenities, are all detailed in the applicable building code. While building codes are becoming more standard, they are enforced locally, so it’s important to connect with local officials for guidance. Individual owners/operators should consider these as part of their overall accessibility compliance.

So where to begin? If you’re planning a new glamping facility, you first need to ensure that your planned facility is permitted under your local zoning ordinance. To ensure adherence to local regulations, meet with a municipal officer and/or a local building inspector for guidance on how regulations are enforced. In the designing phase, consider hiring an experienced local architect – glamping space experience optional. This modest expense is well worth the help you’ll get in deciphering specifically what’s needed. Also, resources such as those available from Abilities Expo, Paralyzed Veterans of America, other accessibility advocacy groups, and ANSI can also help ensure accessibility compliance.

SOME PRACTICAL TIPS

Generally, the ADA is a federal law that requires “readily achievable” modifications specific to public accommodations, some of which are set forth above. Given the unique nature of the glamping space, we offer below some specific recommendations for glamping facility owners/ operators that can provide for a more inclusive and accessible facility:

• Parking – The biggest obstacle facing mobility-challenged guests (those who use a wheelchair, cane, or walker) is getting access to, and moving within the unit.

Providing parking on a level plane with the unit will reduce the requirements for ramps, not only making the space more accessible, but providing better aesthetic.

• Facility/Unit Structure – Simple changes inside the unit can dramatically improve accessibility. For mobility-challenged guests: rearrange furniture for easier maneuverability; offer beds, furniture, toilets, and shower benches with height dimensions similar to wheelchair seat level; ensure that door knobs and other manipulated latches are easily turned, lifted, and handled; and provide light switches and kitchen controls that are within reach (typically 12”48” inches off floor).

• Technology – For the well-being of guests with vision and/or auditory impairments, be sure that life safety and other features have both visual and auditory cues (e.g., fire/smoke/CO2 alarms). Also, the use of virtual assistant AI technology (e.g., Alexa) can enhance the mobility-challenged guest’s experience by helping to raise shades, control lights, and change the thermostat.

• Flooring/Decking – Consider eliminating door thresholds between rooms to help eliminate the risk of tripping. For decking, minimize the gaps between floorboards to prevent wheelchair wheels or walkers from being caught. Plan the deck’s floor structure so that the wood is perpendicular to the direction of travel, which will help prevent

“catching” risk.

• Firepits – Outdoor firepits should be raised between 12”-24” inches, which will make it easier for mobility-challenged guests to reach and use that amenity.

The best way to approach tackling your facility’s accessibility compliance is to self-evaluate, identify existing barriers, and make a plan of action. Such preparation to meet the minimum standard of “readily achievable” will serve as a good faith effort to comply with the ADA and help you avoid legal entanglements.

THE BUSINESS CASE FOR ACCESSIBILITY COMPLIANCE.

The ADA was implemented not only to support and serve equal access for disabled citizens, but also to foster inclusivity. The local building codes and ordinances support this mandate for access. So the first argument for accessibility compliance is to avoid running afoul of your legal obligations and requirements. But compliance with accessibility mandates should be more than just a checklist or process to avoid legal entanglements, because accessibility is ultimately about inclusivity.

The ADA generally exempts an owner-occupied establishment renting fewer than six (6) rooms. But that exemption does not mean that assuring accessibility compliance ends there. An owner/ operator who goes above and beyond the required “readily achievable” standard, or even adopts measures that otherwise might be inapplicable to their situation, exhibits a business ethos committed to inclusivity. It’s good business to be inclusive. Being mindful of accessibility can and will attract more customers, place your business at the forefront of inclusivity in the glamping space, and foster a highly reputable inclusive brand, all while providing disabled individuals a more impactful and rewarding experience they might not otherwise be fortunate to have. Who wouldn’t want that?!