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ORLANDO (CN) — The Justice Department cast a legal net over SeaWorld and Busch Gardens on Thursday, accusing the theme parks of discriminating against individuals who use certain types of walkers.
In the 21-page complaint filed in Orlando federal court, the Justice Department said the theme parks’ ban on wheeled walkers that have seats violates the Americans with Disabilities Act of 1990.
SeaWorld’s parent company, United Parks & Resorts, which also owns Busch Gardens in Tampa, Florida, has a policy that specifically prohibits wheeled walkers, or rollators, with seats.
“Rollators with seats can pose a safety concern when not used properly, particularly when someone is seated and the device is pushed by another person,” explains the accessibility section on SeaWorld’s website. “Despite reminders and previous steps, including requiring signed waivers, we continued to see misuse and safety-related incidents.”
Rollators without seats are permitted. The theme park’s website offers complimentary walkers without seats or a wheelchair at the request of patrons. But in its lawsuit, the Justice Department said those options came with a price: $40 for wheelchairs and $110 for battery-operated scooters.
“The ADA requires theme park companies like UPR to provide guests with equal access, regardless of ability,” said U.S. Attorney Gregory W. Kehoe in a statement. “This complaint reinforces our commitment to holding public accommodations in the Middle District of Florida accountable when they engage in disability discrimination.”
The Justice Department’s lawsuit laid out stark examples of visitors denied use of their mobility devices, such as an 8-year-old girl who was only offered an adult-sized rollator or wheelchair as a substitute for her custom walker, and two veterans stopped at the theme park’s gates.
“Security personnel informed both veterans and their families that the only alternatives available to them were wheelchairs or ECVs, both of which they would need to rent,” the Justice Department said. “UPR provided one veteran with a wheelchair free of charge for that day but told him that he would need to rent an alternative if he returned. UPR did not offer the other veteran an alternative free of charge; he decided to return home rather than enter the park because it was infeasible for his wife to push him in a wheelchair.”
A spokesperson for United Parks & Resorts maintained the company’s policy is “consistent with the requirements of the ADA and reflects our commitment to providing a safe and inclusive experience.”
“United Parks & Resorts disagrees with the claims asserted in the Department of Justice’s complaint and will respond through the legal process,” the spokesperson said. “The policy at issue was implemented to address repeated safety incidents involving the misuse of rollators with seats and was designed to enhance guest safety while continuing to provide accessible options for all guests. We offer alternative mobility devices at no cost to ensure guests can fully enjoy our parks.”
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