The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida (collectively, the “Department”) filed a lawsuit against United Parks & Resorts Inc. and its subsidiaries (UPR), alleging UPR’s policy banning guests with disabilities from using wheeled walkers with seats, including rollators, violates Title III of the Americans with Disabilities Act (ADA).

Are Busch Gardens and Sea World Violating Civil Rights?

The Justice Department seems to think so.

“The ADA requires equal access for people with disabilities, and theme parks such as SeaWorld are no exception,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Under my leadership, the Division is committed to defending the rights of all Americans with disabilities, as the law requires.”

“The ADA requires theme park companies like UPR to provide guests with equal access, regardless of ability,” said U.S. Attorney Gregory W. Kehoe for the Middle District of Florida. “This complaint reinforces our commitment to holding public accommodations in the Middle District of Florida accountable when they engage in disability discrimination.”

The ADA prohibits discrimination based on disability by public accommodations, including UPR and its theme parks. The ADA requires UPR to permit individuals with disabilities to use manually powered mobility aids, including walkers, in areas open for pedestrian use.

What Is the Big Deal About Rollators?

United Parks & Resorts is not going to comment further on the lawsuit at this point, but according to information quoted by the Associated Press (AP) UPR is claiming these rollators and wheeled walkers are a safety concern at their parks.

“The policy at issue was implemented to address repeated safety incidents involving misuse of rollators with seats and was designed to enhance guest safety while continuing to provide accessible options for all guests,” the company said in an emailed statement to the AP.

Allegedly, the parks offered similar alternatives to visitors at no costs.

Able Travel Thoughts

This seems like a clear case of discrimination. My experience at some amusement parks is that they are not very accommodating. I once was told by a worker at an amusement park that I would have to remove my leg braces in order to ride a roller coaster. When I pressed that worked if someone with a prosthetic would have to do the same thing, they answered yes.

So it’s not surprising that UPR would make an egregious rule about these rolling walkers. They seem rather innocuous and if they provide someone the assistance they need to enjoy a day at an amusement park then they should be allowed to have them. Good on the Justice Department to stand up for the rights of people with disabilities.

If you believe you have been a victim of disability discrimination by United Parks & Resorts Inc., including parks such as SeaWorld Orlando, Busch Gardens Tampa Bay, Discovery Cove Orlando, and Aquatica Orlando, please file a complaint with the Civil Rights Division online at www.civilrights.justice.gov, or by calling the Department’s toll-free ADA Information Line at 1-800-514-0301 (1-833-610-1264 (TTY)). For more information on the ADA and the Civil Rights Division, please visit www.ada.gov or www.justice.gov/crt.