Assistant U.S. Attorney General Harmeet Dhillon said the Americans With Disabilities Act requires equal access to theme parks.
The U.S. Justice Department is suing the parent company of SeaWorld in Orlando over the theme park company’s policy barring the use of rollators, or wheeled walkers, calling the ban a violation of the Americans With Disabilities Act.
The department’s Civil Rights Division filed the lawsuit March 26 in the Middle District of Florida, accusing United Parks & Resorts Inc. (UPR), which operates a dozen theme parks and other venues in the United States, of ADA violations through its refusal to allow park visitors with disabilities the option of using wheeled walkers with seats in pedestrian areas.
The lawsuit seeks a court declaration that the company violated Title III of the ADA and an injunction barring officers and employees at SeaWorld and other parks from discriminating against patrons with disabilities. It also asks for monetary damages to compensate individuals who were allegedly harmed by UPR’s policy as well as a civil penalty of more than $118,000.
A UPR spokesperson said the company disagrees with the Justice Department’s complaint and will respond through future legal proceedings.
“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 spokesperson told the Florida Record in an email. “We offer alternative mobility devices at no cost to ensure guests can fully enjoy our parks.”
The company stressed that its policy is consistent with ADA provisions and serves SeaWorld’s commitment to providing visitors with a safe experience, according to the statement.
But Justice Department officials defended the lawsuit’s allegations, saying that the ADA bars discrimination against the disabled in public accommodations, including theme parks such as SeaWorld Orlando.
“The ADA requires equal access for people with disabilities, and theme parks such as SeaWorld are no exception,” Assistant Attorney General Harmeet Dhillon of the Justice Department’s Civil Rights Division said in a prepared statement. “Under my leadership, the division is committed to defending the rights of all Americans with disabilities, as the law requires.”
The U.S. attorney in the Middle District of Florida echoed Dhillon’s statement.
“The ADA requires theme park companies like UPR to provide guests with equal access, regardless of ability,” U.S. Attorney Gregory Kehoe said. “This complaint reinforces our commitment to holding public accommodations in the Middle District of Florida accountable when they engage in disability discrimination.”
The department decided to file the lawsuit after receiving complaints from disabled people who said UPR prohibited them from entering their parks with wheeled walkers. The policy prevented children, military veterans and others with disabilities from enjoying the parks’ amenities, the department said.
“The civil complaint also alleges that UPR imposes impermissible surcharges on guests with disabilities in the form of rental fees and refuses to reasonably modify UPR’s policies, practices or procedures, where necessary, to avoid discriminating against guests with disabilities,” the Justice Department reported.
The lawsuit acknowledged that SeaWorld and the other parks have the authority to put in place safety requirements, but such policies must be based on “actual risks and not on mere speculation, stereotypes or generalizations” about the disabled.
