Page 28 - Winter 2018 Journal

SIGN LANGUAGE INTERPRETERS ski areas. While ski areas must pay for the interpretation
UNDER THE ADA: costs themselves, resorts can require advance notice from
WHAT SKI SCHOOLS the impaired individual or their family to arrange inter-
NEED TO KNOW preters for the ski lesson. Two sign language interpreters
are needed given the intense work of signing (especially
If you thought ADA rules on animals were complicated, while skiing), because the interpreters relieve each other
consider the rules for sign language interpreters. If a hear- every 30 minutes.
ing-impaired person seeks a ski or snowboard lesson, under To be sure, finding sign language interpreters who also
the ADA the ski area must provide two—yes, two—sign know how to ski or snowboard is far from a simple task. As a
language interpreters for the lesson. Also, the ski area, not result, the DOJ and the Forest Service do not dictate a specific
the guest, must cover the cost for those interpreters. amount of time for advance notice to arrange this accommo-
DOJ regulations interpreting the ADA require that aux- dation—it depends on a number of factors (ability level of the
iliary communications services must be provided to the deaf guest, the type of lesson sought, etc.). The Forest Service has
and other individuals with hearing impairments. Under agreed that depending on the needs of the guest with the hear-
28 C.F.R. 36.208, the DOJ requires that before a business ing impairment, and the level of skiing skills required, it may
restricts a person with a disability from an activity, the busi- be reasonable to require as much as two weeks advance notice
ness must consider whether the provision of “auxiliary aids to the resort. Again, this is yet one more important reason to
or services will mitigate the risk.” have a well-developed accessibility link or page on your resort’s
In addition, pursuant to 28 C.F.R. 36.301, the DOJ website, explaining the need for persons with hearing impair-
also requires that businesses “may not impose a surcharge ments to give the area as much advance notice as possible to
on a particular individual with a disability . . . to cover accommodate the lesson.
the costs of measures required to provide that individual This challenge is not without precedent. Recently, at a
with non-discriminatory treatment.” This applies to ski large western destination resort, a guest who is deaf wanted
lessons as part of the activities and services provided by to participate in a special, advanced moguls training work-
shop that was less than one week away. Given the intensity of
the workshop, the challenge of finding two interpreters who
could ski at this advanced level was significant. The resort
could not arrange the interpreters in time, and so the guest
could not be accommodated.
And these regulations would also apply beyond the ski
lesson context. In any service or activity offered where a per-
son with a hearing impairment needs interpretation or other
instruction (e.g., a guided canopy tour), the same require-
ments still apply for providing the interpreters.
As a result, ski areas are encouraged to reach out to
state registries for the deaf (every state has one), and place
an advertisement or website notice seeking interpreters who
ski or snowboard, or are willing to learn, asking them to be
added to an “on-call” list for such purposes. Many areas pro-
vide free lessons and passes to sign language interpreters in
order to have them on standby for exactly this type of sit-
uation. Many ski areas also provide a free season pass in
exchange for the interpreter’s agreement to provide free inter-
pretation services. And sometimes, persons who are deaf will
bring along their own interpreter (such as a family member)
on their own dime. Although not legally required, most ski
areas provide a free lift ticket for interpreters in such circum-
stances (similar to the long-standing practice where many
TELLS ITS OWN TALE Member of the Doppelmayr group resorts provide a free lift ticket to guides for the visually
impaired).—DB

26 | NSAA JOURNAL | WINTER 2018