Page Updated February 22, 2007

Editor: Carol Chaveas
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Introduction The American with Disabilities Act (ADA) became effective in
January 1992. The ADA provides people with disabilities with basic public accommodation
rights and the means to enforce those rights. Hotels, motels, timeshare resorts and other
places accommodating the general public must meet specific technical requirements in
providing lodging and services to meet the needs of the disabled. Many of the 50
million people with disabilities can now find commercial lodgings tailored to meet their
needs when they travel. This page provides basic information on traveling and timesharing
in light of the ADA and the attempts of the travel and timeshare industry to provide
accommodations designed for the disabled. Who is Responsible for What and When? Alterations and new construction after Jan 23, 1993 must comply with the accessibility laws. Commercial lodging facilities covered by the ADA's Title III include hotels, motels, inns, boarding houses, dormitories and resorts. Temporary accommodations located within a building that contain no more than 5 rooms for rent and are occupied by the proprietor of the establishment (as the residence) are not covered by the ADA. For example, a small bed and breakfast located within someone's home would not be covered. Customers with accessibility needs must be offered the same options for sleeping arrangements as other patrons. Room, size, cost, amenities and the number of beds in a room must be comparable to quarters for the non disabled. For lodging owners may chose to make all of their accessible rooms doubles or larger to ensure that all of their guests can housed; however, if a customer requests a single room and the only accessible room available is double, the customer can be charged for a multiple occupancy room. Resorts/hotels are required to have a minimum number of
accessible rooms with roll-in showers [wheelchair accessible], based on a percentage of
the total number of rooms at the establishment. In a hotel with 175 rooms, for example,
six accessible rooms, two with roll-in showers, must be available. The larger the
facility, the more accessible rooms must be provided. 1. Call as early as possible to
make your reservations This can applies to a timeshare resorts and hotels. In order to guarantee a person is provided an accessible room, a resort may have to adopt a policy of keeping a room unoccupied until a person with a disability arrives, assuming the person has properly reserved the room. It is good practice to inform resort personnel of your accessibility needs ahead of time. Making a reservation will not only give you peace of mind, but it will give the resort extra time to prepare a comfortable room. This is not intended to imply that people with disabilities receive preferential treatment. The ADA encourages communication between the customer and the lodging facility. That is why it is so important to contact the resort prior to your arrival to discuss any specific requirements to accommodate your disability. Check ahead of time to see if new construction or alterations have been made since the ADA's specified dates, and inform the resort of your needs. Resorts do not have to provide special auxiliary aids or
services. This might include special equipment such as walkers or wheelchairs. You should
plan to bring these items with you when you travel, unless the establishment has assured
you ahead of time that they will be available for your use. After a long day of travel, a traveler doesn't want to to endure long waits to check in or arguments with check-in personnel unfamiliar with the ADA. Become familiar with the ADA's regulations in advance to help avoid such situations. Don't hesitate to call and educate the resorts as to the laws strictures. The temperature swings in the shower and the color
of the carpeting in the bedroom can't be changed through legislation, but enforcing
the ADA rules will make a more worthwhile improvement. You may not only help
yourself, but also set a precedent for future vacationers with special needs.
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"Days Inn" Case: The first major legal case testing the "new
construction" strictures of the ADA was brought in February 1996 when the Justice
Department sued Days Inn and a number its franchisees claiming that at least five of
its hotels were not built to provide access for guests with disabilities. The Justice Department press release announcing the suit is a wonderful document which quickly educates the reader as to the extent of the "new construction" coverage of the Act. For example, quoting from the press release:
A few minutes spent reading this press release will give you an idea of the extent of considerable coverage of the "The Standards for Accessible Design."
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