Page 21 - Winter 2018 Journal

F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F or years, ski areas have restricted guests’ animals the dramatic growth in adaptive skiing and mountain bik-

ing programs over the last few decades in the ski industry,
and pets on open chairlifts based on a laundry list
ski areas of all sizes have championed specific efforts appeal-
of valid safety considerations. These policies have
applied to animals and pets of all kinds, including
comfort dogs, emotional support animals (ESAs), and ser- ing to the disability and adaptive communities. The indus-
try’s commitment is phenomenal. In fact, there are nearly
vice animals that perform specific tasks for persons with dis- 1,800 ski and snowboard instructors in the US specifically
abilities. The risks to the skiing public, to resort employees, trained and certified by the Professional Ski Instructors of
and even to the animals themselves and their handlers are America (PSIA) and the American Association of Snowboard
simply too great to allow them to ride open chairlifts—dogs Instructors (AASI) to teach and instruct individuals with
could fall or jump from the chair, causing injuries to skiers disabilities on adaptive ski or snowboard equipment. But
or mountain bikers below, leading to incidents during the even these efforts are built on a solid foundation of safety for
loading or unloading process, or injuring employees during all guests—including people with disabilities.
lift evacuations. The risks, in short, are considerable. And Winter Park is far from alone restricting animals
However, the ski industry is now facing its first claim on lifts. Most ski areas in the US restrict animals on chair-
under the Americans with Disabilities Act (ADA) over a lifts for safety reasons. In fact, the US Forest Service for-
ski area’s policy restricting animals, including service dogs, mally approved of the resort’s policy restricting animals on
from riding on chairlifts. In September 2017, a former Iraq chairlifts as part of its winter operating plan. Ski areas also
War veteran suffering from post-traumatic stress disorder prohibit any animals (including service and ESAs) from
(PTSD) sought to have her labradoodle accompany her on accompanying skiers and snowboarders while they are ski-
a chairlift ride at Winter Park Resort, Colo. Based on safety ing/riding down open trails and runs—for the same safety
considerations and the resort’s longstanding policy, Winter concerns about animals interacting with other guests on con-
Park would not allow the dog on the lift and instead offered gested trails.
to transport the woman and the dog up to a mid-moun- Although ski areas in Canada are not subject to the
tain restaurant in a resort vehicle via an access road. She Americans with Disabilities Act, NSAA confirmed that
ultimately declined the resort’s proposed accommodation Canadian resorts likewise restrict service animals on lifts,
and brought a formal complaint against the resort with the and only allow animals in gondolas or allow their certified
Colorado Civil Rights Division—the first ever such disabil- avalanche dogs on chairlifts. Canadian ski areas also do not
ity claim alleging that under the ADA it is illegal to restrict allow pets or service animals on open ski trails.
service animals on open chairlifts.
Winter Park is one of the most disability-friendly ski SERVICE - PET - COMFORT - SAR -
areas in North America. Like most resorts, Winter Park ADA Regulations
allows service animals in its gondola cabins on the Zephyr on Service Animals
Express chairlift and in its Village Cabriolet (an open-air
gondola) because those do not present the same safety risks
as traditional chairlifts. The ski area further allows service To flesh out some of the broad parameters of the ADA, the
animals in its hotel, condos, and employee housing. Department of Justice (DOJ) has promulgated regulations
And since 1970, Winter Park has been the home for the pertaining to service animals and businesses (or, under the
National Sports Center for the Disabled (NSCD), one of terminology of the ADA statute, “places of public accommo-
the largest therapeutic and adaptive sports agencies in the dation,” which includes all ski areas). Generally, businesses
world, with a staff of 50 employees who serve more than must allow service animals to accompany a person with a
3,000 people with disabilities to help them experience ski- disability in all areas of the facility where the public is nor-
ing, snowboarding, kayaking, rock climbing, and other rec- mally allowed to go.
reational activities. The headquarters for NSCD is located in But there is tremendous confusion about the matter,
the Winter Park base area and includes a 2,000-square-foot mainly because the DOJ’s regulations are intentionally
adaptive equipment laboratory. vague, in part to provide ample room for unique accessibility
Winter Park’s business model—and that of the rest situations. This leaves the public, pet owners, the disability
of the ski industry—is premised on getting as many peo- community, and businesses, too, without concrete guidelines
ple, including those with disabilities, to embrace the thrill for how these regulations apply.
and excitement that our recreational sports offer. Beyond For starters, the ADA regulations only apply to true

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