鼃
ExperientialLearning
ADA laws and tour operators By MIKE BOWERS As an active member of the Student Youth Travel Association (SYTA), I am very proud to announce that our organization successfully travels hundreds of students with disabilities each and every year as do many SYTA active members.This group includes students with mobility limitations, vision impairments, and life threatening allergies, just to mention a few conditions covered under these important laws. We do this not because we have to, but because it’s the right thing to do. We believe students with disabilities deserve access to the same programs as any other student without a disability would have. We believe as most SYTA members do that student travel bridges cultural and political borders through education and exchange, making the world a better place for future generations.That belief is not intended for only those that can walk, talk, and hear as most of us can. Our mission is to provide the opportunity for everyone, no matter what their physical abilities are. In the United States there are very comprehensive laws which set forth accommodation standards tour operators and others organizations in the travel industry are obligated to follow.These laws are part of the American’s with Disabilities Act (ADA), and the ADA Amendment Act of 2008 (ADAAA), collectively “the ADA Act.”The ADA Act was created to ensure that people with disabilities are protected from discrimination and have an equal opportunity to utilize services and resources in our society. For
140
FALL 2013 SouthEast Education Network
tour operators that means to utilize the services provided to student travelers. The ADA Act is separated into five acts and prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and activities of state and local government.Tour operators are required to comply with Title III of the ADA Act under the Public Accommodations section.The ADA Act also applies to any international tour operator that is traveling individuals with disabilities to the U.S. Once in the U.S. these foreign operators must meet the standards for accessibility for all services and activities performed in the U.S. The following groups are considered “Protected Classes.” • Race • Religion • Color • National Origin • Age (40 and over) • Sexual Orientation • Individuals with Disabilities • Veteran Status The ADA Act requires that organizations evaluate and attempt to make reasonable accommodation when travelers need them.These reasonable accommodations must be reviewed on an individual bases taking into account the facts relevant to that specific case. The act also requires that the organization makes the same attempt, even when the person needing the accommodation is traveling internationally. A tour operator’s ability to develop a reasonable accommodation in these
cases may be impacted by the receiving countries willingness or ability to make such an accommodation. Most countries around the world do have some form of anti-discrimination laws of their own however; they are not required to meet the ADA laws. If you are interested in reviewing these by country, most can be found at the International Disability Alliance website. Several years back I developed a strong relationship and partnership with the Disability and Business Technical Assistance Center (DBTAC).This group of ADA specialists is based on the University of Washington campus in Mountlake Terrace.Their purpose is to help organizations such as ours, learn the most up-to-date information on ADA laws and help organizations achieve compliance with these laws.They are not intended to be the enforcement arm of the government but more the nurturing arm. In 2008, and in each year since, representatives of that group have traveled to our program office in Spokane, Washington to provide our organization with the most up-to-date training on the subject. The cost to provide this training was paid for by DBTAC. With their support and mentoring, we believe we have designed one of the most comprehensive reasonable accommodation programs in the travel industry. I have also partnered with Dr. Barney Fleming who is a rehabilitation engineer for DBTAC and we have taken the ADA message on the road. Dr. Fleming and I have conducted multiple sessions on Title III of the ADA to members of SYTA at their annual con-