I totally get what you're saying about a mobility device not working for everybody. The thing is, how does a DAS help? There's still the same amount of walking. There's still the same kind of risk of being bumped (as the mother of an autistic child who's had total meltdowns over being bumped by strangers, trust me it happens even when you plan for being in the lowest crowds possible at all times of the day). A DAS simply can't help with these things. True you won't necessarily be in a slow moving line for the majority of the attraction wait time. Are you going to wait on a nearby bench (not a bad option for getting rest with mobility problems I guess) or will be you be going back and forth between attractions which means more walking than without the DAS (not more standing or moving slowly but more walking)? Sometimes there simply isn't a good accommodation that isn't going to cost the person with a disability extra money. There are situations where the only solution is to rent an appropriate device (maybe a scooter than can be operated by a person walking behind it) or bringing an extra person to help. It's just the nature of certain disabilities.
I'm not sure where you're getting that wheelchairs are expensive to rent. If renting from an offsite company is too much of an expense during a vacation then perhaps the vacation itself is more than the party can afford in general. I can get a wheelchair from a mobility company near my home for a month for $60. Yes an
ECV would obviously be more expensive but not more than triple the cost of a wheelchair. That's a drop in the bucket for a Disney vacation. Perhaps shorten the trip by a night or cut out a TS meal if that cost is too much of a stretch.
But that's not the situation that
*I* was describing. My problem is standing still for long periods of time. Yes, the OP is concerned with people in a "cattle corral" type area and balance issues, but I'm talking about the physical act of standing still. The 40 minutes I spent in the single rider line at Rip Ride Rockit, for example, caused much more pain than spending 18 straight hours walking around IoA/USF/
HHN and not waiting in lines due to the Express Pass and lines for stuff I wanted to see not being long in general (except for RRR, and 40 min is by *FAR* the longest I've ever waited for a single rider line). A wheelchair would do nothing for me, because I wouldn't be able to roll it myself, and an ECV is an expense that I can't afford. The Universal trip (as well as this upcoming Disney trip I'm taking with the two people with vision disabilities) are through our college, so there's not an option of "shortening the trip" by a night, and TS was *NEVER* a consideration for us (we're all on board the "eat cheap I'm getting kid's meals" plan). The trip is going to be $375 for the weekend, plus food. Adding $150 (40% of the cost of the trip itself ... and $150 is probably more than I would spend on food the entire weekend) for an ECV for 3 days is more than just "skipping a TS meal", and is considerably more than a "drop in the bucket for a Disney vacation". Even $80 for an offsite one for 3 days is more than just one TS meal. I would think a DAS to allow me to sit on a bench near the loading platform for x amount of time equal to the queue wait time would be a reasonable accommodation, too. Apparently I have a *HUGE* misconception about the ADA.
a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;
The way I understand that, requesting a reasonable accommodation (access to a bench) from Disney and being told "no, you have to rent one of our wheelchairs/EVCs" as similar to going to an airport and being told "you can't bring your scooter in here, but you can rent one of our wheelchairs", or getting a hotel room and being charged extra because they only have certain rooms available that the service animal would be allowed in. Access to a bench would *NOT* "fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden" to Disney.
However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden.
Again, to me, that means that *ANY* "aid", if available, must be provided. Since a bench/seated waiting area would be readily available, I understand it to mean that the bench could not be denied, since in my situation it would be the best option.
I don't see being told that a wheelchair is the only option is any different from being provided the assisted listening devices or the verbal description devices to deaf/blind people. They aren't charged to rent them, they only pay a deposit that gets refunded at the end of the day. Same thing with providing a sign language interpreter; by your logic, if they needed one that badly, they should have either brought one with them or just dealt with not having one.
Found this on an ADA law Q&A section:
Because of my disability, I have a note taker for my classes at the county community college. Is it all right for the college to charge a surcharge to recover part of the cost of the note taker?
No, the entity is not allowed to place a surcharge on a person with a disability, even when there is a cost to the entity for providing the service.
Again, from this, it seems to me if a wheelchair is the only option that they are willing to entertain, they shouldn't require me to pay for it.
I'm not trying to be obstinate about it, just trying to understand why Disney would say "my way (and you pay) or the highway", rather than making an accommodation that doesn't put any strain on their systems or cost anyone anything at all.