ADA question or I am such a naive wimp

[D L and K's Mom]

I wrote a note here a little while back regarding not being able to get a handicapped room at the SWAN/ DOLPHIN that could sleep a family of 4. I spoke to a manager and was told that I would have to reserve 2 rooms as the handicapped rooms only come with 1 bed. I sent an email to them stating that I was pretty sure that they had to accomodate my family of 4 even if it meant giving us 2 connecting rooms one of which was handicapped accesssaible. I never heard back. Well, I am going to call back tomorrow and speak to someone else. Now, here is my question......WHAT DO I SAY!!! I feel as thought I need to have something down in writing as I get sort of flustered on the phone . Is there something that states that they have to accomodate us?? I am very naive when it comes to things like this and I will be the first to say it. I just really feel we are being discriminated against becasue we are a family of 4 that has a DS in a wheelchair. Someone said that the ADA should cover this..any suggestions?? Thanks in advance. I am such a wimp

 

[SueM in MN]

I hope that Michigan is around some time tonight. She is very un-wimpy and would be much better dealing with this than I am.
But, I'll try to help you think this out.

I think the part of the ADA that covers this would be ADA Title 3: Public Accomidations, which states:
Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements.
Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.
(You can find the whole law by searching on www.google.com)

I think the part that exactly fits your case would be "unequal treatment". If you were a family of 4 without a child using a wheelchair, you would be able to get one room and your whole family would be able to stay together in that room. The handicapped room that meets your child's accessiblity needs only sleeps 2. It is not your fault that the room they provide doesn't meet your needs to sleep 4 people. By saying you need to reserve and pay for 2 rooms, they are not giving your family the same treatment as any other family who needed a room for 2 adults and 2 children.

Good luck. I have faith that you will do just fine.
And here's some Confidence Building and Assertive Un-wimpy Pixie Dust to help.

 

[D L and K's Mom]

Thank you so much for the information!!! I just needed some "ammo" before I made the call. Thanks for the pixie dust, I am sure it will help! I will let you all know the outcome .

 

[sncbird]

Hi D and Ls Mom,

I just wanted to wish you luck and send you some pixie dust!!
I think it's really bad the way they're treating you. I'm so happy they're ADA rules to back you up. Please keep us posted on what happens.

 

[Michigan]

I sent you a private message a week ago or so with a link.

Anyway, here is a copy of the part of Title III you need to know.

"Some examples of public accommodations include restaurants, hotels, grocery stores, retail stores, doctors' and lawyers' offices and privately owned transportation systems. Certain features of the act vary from section to section as to how equal access is to be achieved. For example, most new construction must be accessible. On the other hand, for existing facilities, architectual and communication barriers to services must be removed if readily achievable, or alternative methods for providing access to the services must be offered."

Giving you 2 rooms if that's what it takes for you to get a room with a roll in shower that will sleep 4 is providing access to the services that the hotel offers rooms that will sleep 4 for someone non-disabled so they MUST offer you the same but with access for your disabled child.

 

[s&k'smom]

Hi D and Ls mom, just wanted to wish you luck with your call tomorrow. Please let us know how it goes.

 

[HugsForEeyore]

Just wishing you luck, and I know exactly how you feel, since I had a similar problem at WDW.

Last year, I was trying to book a handicapped room with two beds for my two friends (I was staying in my own room with my own family). One friend has a rare form of ataxia and has a power chair, and the other friend is her nurse. But, obviously they can't share a bed, so I was looking for an accessible room with two doubles. When I called WDW, it was mission impossible. Almost every resort had only one king bed in handicapped accessible rooms. They tried to convince them to book a suite for $400 a night (Yea, right!! My friend lives on Social Security supplement!) Finally they said Port Orleans (French Quarter) had rooms with two double beds. But then they offered us Animal Kingdom Lodge, which had accessible rooms with a king bed and a fold-out chair/bed. That is what we decided to do, and it worked OK (except the room at AKL was TINY, though the bathroom was big!)

But I was annoyed at this "policy" of only one king bed in accessible rooms. I guess everyone assumes a handicapped person travels only with a husband/wife/SO so they would want to share a king bed. Or there just isn't enough room for two beds since the bathrooms are larger. But we finally found a solution that worked OK.

Hope you find an acceptable solution for your family!

<img src="http://home.att.net/~disneysue/hugsmall3.gif">

 

[pugdog]

Disney is switching all of there resorts, if possible, to 2 types of handicapped rooms. the first one has 2 double beds with a tub and hand rails for use. the second one is barrior free with a roll in shower and a king bed. they might still have some mixed ones left but this is what they are going with to comply with the ADA.

 

[D L and K's Mom]

Thanks again for the info everyone. I am waiting on a call back from the Swan/Dolphin. I will report back as soon as I hear something!

 

[Julia H.]

Hotels constructed after the ADA went into effect *do* have to provide the same amenities for guests with disabilities as those without, including guest rooms with two beds. Here's a document from the Department of Justice that talks about it: www.usdoj.gov/crt/ada/comhotel.pdf

Unfortunately, I believe the Swan was built before the ADA went into effect, so it's not as black and white. The site above lists a toll-free ADA information line--maybe they could give you a clearer answer on all this before you talk to the Swan manager: 800-514-0301.

Three cheers to you for addressing a problem that effects a lot of us who travel as a family with a member who has a disability!

 

[SueM in MN]

Thanks for that link, Julia.
According to one of my books about WDW, the Swan and Dolphin opened in 1990. But, the advice number is a good resource. I think since they have the type of accomidation available that D and Ls Mom needs, they should have to provide it to her at no extra cost. It would be different if they didn't have those rooms at all and she needed something they could not provide.

 

[D L and K's Mom]

Well, someone finally called back from the Swan/Dolphin today. The woman I spoke to was WONDERFUL!!!! I explained very nicely that we had planned this trip and that we needed to have a handicapped room WITH a handicapped shower. I also explained that I was a little upset to think that we would have to pay for 2 rooms and that even if we could pay for 2 rooms (which is out of the budget) I was upset that they could not guarantee that they would be connecting. I did mention that I was pretty sure that the ADA guaranteed that they would have to accomodate us like they would a family of 4 without a wonderful kid in a chair. She was WONDERFUL. To make a long story short she spoke to someone that was her superior and we are now staying in a Jr. Suite for the same cost we would pay for a regular room that accomodates a family of 4. I was pretty sure we were going to have to change hotels and stay in another due to the fact that all other employees I had spoken to insisted on us having to get 2 rooms.It makes me so happy that she and the hotel we finally able to rectify the problem. I by no means expected them to upgrade us like they are doing. I even told her that we would be happy with 2 rooms if they would just guarantee that they would be ajoining. Wow, you can bet that they will be getting a wonderful letter from me commending the woman who helped us. Don't get me wrong it is not because we are now in an upgraded room, (which is very nice) it is because she took the time and finally got some action to rectify the situation. I had spoken to a few other people at the Swan/Dolphin and had no luck at all. Thank you all for the info you gave me on the subject, I felt so much better "armed" with some ammunition. Thank you Swan/Dolphin we are looking forward to seeing you in July 2003. Oh, I just thought of something I was so happy I never even asked if we are in the Swan or the Dolphin!! Oh well, who cares we are all together in one room and DS can shower without me lifting him. WHOOPPEE!!!Thanks again!!

 

[SueM in MN]

Thanks for the report and glad to hear that you had such a positive outcome!

It does help a lot when you finally get someone who listens instead of just saying "no".

 

[s&k'smom]

Yeahhhhhhhhhhhhhhh! I'm so happy for you.

 

[JudithM]

Great news for you & your family! Have fun planning the rest of your trip!!

 

[sncbird]

I'm so happy you stuck to your guns for getting what's right!!!
Thank you for sharing your story and have a wonderful trip!!!

 

[Wheelsie]

WOO D L!!!! You Go Girlie!!!

Hey you should talk to Glo a/b the room, I bet she could describe it in pretty decent detail

That is so fabulous that you were able to get some that would stop passing the buck!

 

[LindaDVC]

Last trip we spent our first night at the All Stars.

They suggested we get the king with a roll away bed since we are a family of 3. It was terrible.
There is no space to open the roll away and if we had been there more than one night I would not have tolerated it!

However for one night made due.

I had to move the table and chair and rearrange things to have space to open-- then no walking or rolling space left! To get across the room I walked on the bed!

We had driven all day and the next day checked in to OKW early so really just wanted to SLEEP! However -- I would not advise this arrangement and would not do it again!

Linda

 

[D L and K's Mom]

AS I have said before we are THRILLED at the accomadations that the Swan/Dolphin are now providing us with BUT..............I really wish they would inform the staff at reservations so that it does not take 2 weeks to get reservations for a family traveling with a wheelchair. That was the part that really irratated me. They should give you 2 ajoining rooms(one handicapped accessiable one regular) at the cost of 1 (which would accomodate you if you did not have the chair). I really think it is annoying to have to make call after call to make a reservation until you can find someone who has the "Power" to rectify the situation. Hopefully the letter I sent and the people I have spoken to at the "StarWood" company will help inform their staff. Thanks again to all who helped!!! Luv ya!!!

 

[s&k'smom]

I can't wait for your trip report!