New Disabilities Act Definition Could Open A.T. to ATVs

July 31, 2008-The U.S. Department of Justice, proposing to expand beyond wheelchairs the definition of “mobility device” under the Americans with Disabilities Act (ADA), could be opening the door to requiring Appalachian Trail managers to allow all-terrain vehicles (ATVs), Segways, and other motorized devices, devastating the silent, challenging and primitive values of backcountry areas.

On June 17, 2008, the department (DOJ) unveiled its Notice of Proposed Rule Making (NPRM).

While the proposed rule will apply to state and local governments (Title II of ADA) and to businesses open to the public (Title III), it does include a broad new category of “other power-driven mobility devices” that could eventually apply to federal agencies and, in turn, volunteer-based managers of such national scenic trails as the A.T. An overly broad definition of “other power-driven mobility devices” that must be accommodated at public facilities could be interpreted to include ATVs as mobility devices.

Under current law, the A.T. is closed to motorized vehicles. Over the past decade, in relocating the footpath or reconstructing appropriate sections, the Appalachian Trail Conservancy (ATC) has endeavored consciously to establish more sections that are accessible to persons with disabilities. (A core principle of ADA is that accommodations otherwise required by law for public facilities do not have to be undertaken if they would fundamentally change the nature of the experience in the setting.) The law considers human-powered wheelchairs extensions of the person, and the A.T. has a number of sections compatible with wheelchair use, as well as several privies accessible to persons with disabilites.

The Appalachian Trail has been thru-hiked by several persons with disabilities.

While ATC is preparing its own comments urging limits to, or modifications of, the proposed change in regulations, it is encouraging members and hikers who valuesolitude and the sounds of nature and harbor a strong commitment to a conservation land ethic on our nation’s national forests and parks to share their views as well with the DOJ.

To Get Involved in This Issue:

• Respond to the proposed rule before August 18.
  To have the greatest impact, responses should draw on personal experiences and provide thoughtful projections of what the A.T. experience would be like if ATVs and other motorized devices were allowed. Consider asking DOJ for an extension of their deadline since it will take time to analyze the full extent of their proposed changes.

When submitting comments electronically, you must include CRT Docket No. 105 in the subject box, and you must include your full name and address. Submit electronic comments and other data to http://www.regulations.gov. Use this document ID number in the search field: DOJ-CRT-2008-0016-0001. The screen that will display offers you the option to view the document as a PDF or to submit comments. 

Background Information

ATC’s Analysis of the Notice of Proposed Rulemaking
The Justice Department is also requesting comments on these nine questions.