Wheelchairs Are Always Allowed
Under the ADA, wheelchairs and manually-powered mobility devices must always be allowed anywhere the public is permitted to go. No exceptions. This includes:
- Manual and power wheelchairs
- Walkers and rollators
- Crutches and canes
- Braces and similar devices
A business or government agency cannot ask a person to leave their wheelchair or deny entry because of it. They cannot charge extra for wheelchair use, and they cannot require the person to transfer to a standard chair.
Official Standard
28 CFR §35.137(a) — Title II
"A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities, in any areas open to pedestrian use."
28 CFR §36.311(a) — Title III
"A public accommodation shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids… in any areas open to pedestrian use."
Other Power-Driven Mobility Devices (OPDMDs)
Beyond traditional wheelchairs, some people with disabilities use other power-driven mobility devices (OPDMDs). These include:
- Segways
- Golf carts
- Electric scooters (not the kick type)
- All-terrain vehicles used for mobility
Businesses and government agencies must generally allow OPDMDs, but they can evaluate whether a particular device is appropriate for their facility. This is different from wheelchairs, which are always allowed.
Official Standard
28 CFR §35.137(b) — Title II
"A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements."
28 CFR §35.104 — Definition
"Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines… that is used by individuals with mobility disabilities for the purpose of locomotion."
The Five Assessment Factors
When deciding whether to allow a specific OPDMD, a business or agency must consider five factors:
- Device characteristics: How big, heavy, and fast is it? A Segway in a small boutique is very different from one at a large outdoor zoo.
- Pedestrian traffic: How crowded is the space? A busy museum during peak hours may not safely accommodate a golf cart.
- Facility design: Is it indoor or outdoor? Narrow hallways? Stairs? Rough terrain?
- Safety: Can safety rules be established to make the device work? Speed limits, designated paths, etc.
- Environmental impact: Would the device damage the environment or conflict with land management regulations?
The key point: a business cannot simply ban all OPDMDs. They must make a case-by-case or class-by-class assessment based on these factors.
Official Standard
28 CFR §35.137(b)(2) / §36.311(b)(2)
In determining whether to permit an OPDMD, factors to consider include:
(i) The type, size, weight, dimensions, and speed of the device;
(ii) The facility's volume of pedestrian traffic;
(iii) The facility's design and operational characteristics (e.g., indoor vs. outdoor, type of terrain);
(iv) Whether legitimate safety requirements can be established to permit the safe operation of the device; and
(v) Whether the use of the device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations.
What They Can and Cannot Ask
The rules about questions are similar to service animals:
- Cannot ask about your disability. A business cannot ask "What's wrong with you?" or "Why do you need that device?"
- Can ask if the device is for a disability. If it's not obvious, they may ask: "Is this device being used because of a mobility disability?" This is a yes-or-no question.
- Cannot require proof. No doctor's note, registration, or certificate can be demanded.
28 CFR §35.137(d) / §36.311(c)
"A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual's disability." An entity may ask a person using an OPDMD to provide a credible assurance that the device is required because of a disability — this can be a valid disability parking placard or other reasonable demonstration.
Storage and Handling
Businesses must allow you to keep your mobility device with you. They cannot:
- Require you to leave your wheelchair at the door
- Charge you a "storage fee" for your device
- Move or handle your device without your permission
If your wheelchair or device is damaged by a business (for example, by an airline during travel), you may be entitled to repair or replacement costs. Airlines are covered under the Air Carrier Access Act, not the ADA, but the principle is similar.
Important Note
This guide provides general information about ADA mobility device rights. State and local laws may provide additional protections. For legal advice about your specific situation, connect with an experienced ADA attorney.
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