Park Law
www.parkworld-online.com
Accessibility in Park Retail
Shops and Restaurants Heather M. Eichenbaum, Esquire
A
ccessibility to amusement rides for those with physical challenges has come a long way over the last decade. Manufacturers and park owners make every effort to ensure that as many patrons as possible can enjoy park attractions as long as doing so does not compromise safety or create an undue hardship.
Hopefully you are paying as much attention to accessibility in your retail shops and walk-in food establishments. All public areas of your park should be accessible to patrons with physical limitations and restrictions to the extent reasonably possible. Gift shops and restaurants in amusement parks are no different than public stores or restaurants that are located on the streets or in malls. The ADA Accessibility Guidelines (“ADAAG”) for Recreation Facilities govern public accessibility at amusement parks and you must comply with those standards in the United States. Many other countries have similar standards and you should consult local counsel if you need guidance on the standards.
The first step in ensuring accessibility at your gift shops is to make certain that those in wheelchairs or scooters can enter buildings without having to negotiate curbs or stairs. In the same vein, aisles within retail shops and dressing rooms should be wide
enough to accommodate a wheelchair. Avoid placing displays in the middle of aisles if they will render the aisle too narrow for a wheelchair to pass through. As much as possible, display goods so they can be retrieved by a wheelchair-bound patron. Payment terminals should also be placed at the requisite height for those in wheelchairs and should have a system of accessibility for the visually impaired, When that is not possible, provide signage regarding how to obtain assistance and make sure employees are trained how to sensitively interact with those patrons who may need assistance.
Similarly, in a restaurant, there should be the appropriate number of accessible tables to accommodate patrons in wheelchairs, and those tables should be just a nice as others that are not wheelchair accessible. For example, if one section of your dining room has a special view, then at least some tables in that section should be wheelchair accessible. For more casual take-out food stands, make sure that self-serve areas, such as soda machines, are accessible. Of course, whether in a retail shop or restaurant, a restroom facility must be wheelchair accessible. If that is not possible, provide signage directing the patron to the nearest accessible restroom.
Heather M. Eichenbaum is an Executive Committee Member with Spector Gadon Rosen Vinci P.C., practicing in Pennsylvania, New Jersey, and New York. She concentrates her practice in the representation of amusement, sports, hospitality, and recreation venues. Legal counsel to, and a Board Member of, NAARSO, she is also a member of the NJAA, IAAPA, OABA, and IISF. For legal assistance regarding any industry-related concerns, you can reach her at: +1 215- 241-8856, or heichenbaum@
sgrvlaw.com.
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