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Facilities React to ADA
Confusion exists, but it’s ‘not the end of the world’
by Mike Bederka
It doesn’t surprise Jerry Brick that many people are left scratching their heads after wading through the final Americans with Disabilities Act (ADA) rules for recreation facilities.
He’s one of them.
“You would think something like this would be very black and white,” says Brick, general manager for Lake Compounce, a theme park with water rides in Bristol, Connecticut. “But there’s such large amount of gray area.”
Arne Lundmark, president of Adventure Golf Services in Traverse City, Michigan, agrees: The complexity of ADA could trip up many an owner/operator. “When you look at the regulations, you have to review one piece here and another piece there,” he says. “It’s not easy for anyone.”
The U.S. Department of Justice released the rules in 2010 after considering input from industry groups—including IAAPA—and disability advocates. The rules went into effect March 15, 2011. One key point, put very simply: On March 15, 2012, recreational venues with golf courses, miniature golf, sporting facilities, amusement rides, and pools and spas must comply with the 2010 Standard for new construction and alterations and barrier removal. IAAPA members may find the 2010 Standard to be familiar; it is the “official” version of 2004 ADA Accessibility Guidelines. (To read about the rules and the 2010 Standard in much more detail, visit www.IAAPA.org/government/ada.)
The ADA, which became law back in 1990, didn’t catch Brick off guard. In fact, since March he and representatives from the other Palace Entertainment parks have regularly met to discuss the rules and make sure their venues stay compliant. Brick and his staff are going around to every single building, game, ride, attraction, restroom, water fountain, gift shop, and food stand, measuring distances and counter heights and taking notes and pictures.
“We’re starting from scratch,” he explains. “We’re looking at everything just to make sure no stone is unturned.”
All this information is being compiled into an Excel document, where it will be further examined and cross-referenced with the ADA rules: what works, what doesn’t, and what needs more attention. “We do have a good plan of attack. The spreadsheet has a lot on it, but I’m not going to say it’s completely done,” says Brick, adding that water play structures remain the biggest area of confusion. “There were no specifics and/or direction for us to go on. It is very unclear.”
Tim Sorge, IAAPA’s former family entertainment center committee chair, believes Brick’s overall attitude sets an example for achieving success with ADA compliance. “There is no need to panic, but you can’t bury your head in the sand, either,” advises Sorge, who testified in Washington, D.C., in 2008 at the Department of Justice hearings on ADA. “You’ve got to address it. It’s not the end of the world.”
Resources Available
Much of the nerves about ADA stem from the document’s dense wording, says Sorge, owner of Swings-N-Things in Olmsted Falls, Ohio: “The document is extremely long and complex and requires the reader to stay completely focused while reading it.”
To help ease worry and ensure facilities stay compliant, IAAPA members have a wealth of resources at their fingertips, Sorge promises. He tells people to call IAAPA with questions and to attend the related lectures at IAAPA Attractions Expo 2011 this November in Orlando. Sorge also is working closely with the association to develop an easy-to-understand primer on all things ADA as it relates to miniature golf.
“The document will address 90 to 95 percent of the issues most miniature golf owners will face regarding the new standards,” he says. “The U.S. Access Board is available to answer questions, and in some scenarios, it may be wise to solicit an opinion from a consultant.” (See the July issue of Funworld for an extensive article on the specifics of ADA regulation.)
Tips for Success
Don’t delay if your facility hasn’t begun discussing barrier removal, a key point in ADA that requires obstacle removal when it’s “readily achievable” or “easily accomplishable without much difficulty or expense.” Businesses with more resources have a higher degree of barrier removal responsibility than a facility with minimal resources, Sorge says. This is a potential “slippery slope” that facility owners are urged to take very seriously.
Discussing barrier removal, the U.S. Department of Justice also notes: “Determining what is readily achievable will vary from business to business and sometimes from one year to the next. Changing economic conditions can be taken into consideration in determining what is readily achievable. Economic downturns may force many public accommodations to postpone removing some barriers. The barrier-removal obligation is a continuing one, and it is expected that a business will move forward with its barrier removal efforts when it rebounds from such downturns.”
 Sorge provides an example of a “readily achievable” barrier on a mini-golf course. If a wheelchair can’t maneuver around a boulder that sits on a hole, you would likely have to remove it, he says. If the boulder is half-buried into the concrete and removing it would necessitate the majority or entire hole to be rebuilt, the facility’s economic condition may factor into whether it’s “readily achievable.”
Some things are technically infeasible, Sorge says. For instance, it may be very difficult—or impossible—to make a golf hole “accessible” and still be able to transition it to the surrounding existing holes if it was positioned in the middle of a steep elevation change. In situations like this, facility owners may want to consult with an accessibility expert to see what steps, if any, can be taken to improve accessibility.
Continuing with mini-golf (an attraction majorly impacted by ADA), facilities must deal with two other main issues, Sorge says. With new construction, 50 percent of holes need to be ADA accessible; these holes must be sequential and connected by an accessible pathway, with no more than one break. Furthermore, both the first and last holes of the course must be accessible, and guests cannot be forced to “backtrack” to play the accessible holes. (Facilities can’t meet the requirement by having two courses: one that is completely accessible and one that is not.)
One strategy is to terrace the course. For example, build holes one to five and 15 to 18 on the lower level, with a path connecting holes five and 15, Sorge offers. Then, holes six through 14 can have drastic elevation changes, “so you still have the curb appeal of a mountain course.”
For existing mini-golf courses, the ADA rules apply when altering an element. Additionally, 20 percent of the total alteration cost must be set aside to improve accessibility on the path of travel to the altered element. However, a facility is not expected to go beyond the rule, so if 50 percent of the holes are already accessible, and alterations are made on a nonaccessible hole, that hole does not need to be brought into compliance.
“Their thought process is over a period of time you will ultimately have an accessible course,” he says. “It might take 10 or 20 years.”
Strong Consequences
 The clock is certainly ticking for attractions. Come March 15, 2012, those facilities not in compliance with ADA can face steep Department of Justice enforcement lawsuits, as well as civil lawsuits. Civil penalties can run up to $50,000 for the first violation and $100,000 for subsequent ones; additional monetary damages may be awarded as well. Private suits also can be brought about by individuals and disability groups.
Coupled with the financial hit, venues could face crippling negative publicity for such actions, Sorge warns: “You don’t want to get into that position.”
“It’s important for people to comply with the law no matter how they feel about it,” concurs Lundmark, who per - forms ADA audits for facilities. “It’s like paying your taxes. It’s something you have to do, whether you agree or disagree. We should make our facilities accessible for people with disabilities. You don’t want to put someone under because of it, but it’s still a good thing.”
Contact Contributing Editor Mike Bederka at mbederka@IAAPA.org.
Disney: A Culture of Accessibility from the Start
Long before the ADA, The Walt Disney Company had the concept of great guest service ingrained in its culture says Bob Minnick, the company’s manager of world facility safety and accessibility: “Walt’s original vision, and the vision he passed along to his leadership, was always to create an environment—create an experience—that would accommodate everybody.”
That includes parents pushing a stroller, grandparents with endurance concerns, and a person in a wheelchair.
Over the years, Disney has implemented many services for guests with various disabilities: handheld technology for those with visual disabilities to better understand their surroundings, from architectural elements to the location of the nearest restroom; vehicles at “Toy Story Midway Mania” with increased accessibility that enables guests to remain in their wheelchairs during the ride; and loaner water-resistant aquatic wheelchairs for Blizzard Beach.
As for ADA advice for other facilities, especially smaller venues, he suggests to “eat the elephant one bite at a time.”
“Do a little bit, show a good faith effort, and put a plan together,” says Minnick, on meeting the new ADA requirements effective March 15, 2012. “There’s a lot they can do from a service alternative standpoint.”
For example, some older parks may not be able to afford to renovate the transaction counter to make it accessible, he says. A workaround could be to have a properly trained staff member come around with a clipboard and help a guest in a wheelchair.
“Take it one step at a time,” Minnick stresses. “Keep moving in the right direction.”
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