Page 30 - Winter 2018 Journal

(cont. from pg. 22)
restricting service animals on lifts, as long as the ski area is fact, during winter operations, most chairlifts are not designed
willing to provide other transport for the animal, and if the to allow for downloading guests back to the base area.
guest provides the resort with adequate notice of the need for Notably, the ski industry is not alone in adopting such
this accommodation. Pursuant to 28 C.F.R. 36.208, DOJ restrictions. Using the DOJ’s exception for legitimate safety
regulations require that businesses must make “reasonable requirements, Disney, Universal Studios, Six Flags America,
modifications of policies, practices, or procedures [that] mit- and even most state fairs have formal policies restricting ser-
igate the risk.” Thus, transporting a guest with a disability vice animals on most rides and attractions, given the simi-
and his or her service animal up the mountain in a snowmo- lar safety concerns for other guests and park employees. If
bile or toboggan (or via some other transport) could be part a particular attraction is “contained”—such as an enclosed
of such a modification of resort policies. train ride or a gondola ride—service animals are generally
The Forest Service also agrees with the ski industry allowed. Still, safety professionals in the amusement park
that ski areas can restrict and prohibit any animals from industry stress that their attractions, and the restraint sys-
accompanying guests on open trails while they are skiing tems on these rides, are designed for humans, not animals—
or snowboarding, based on the DOJ’s “legitimate safety precisely as it is with chairlifts in the ski industry.
requirement” exception. A dog, whether tethered to a guest
or running loose, creates obvious safety and collision risks. SERVICE - PET - COMFORT - SAR -
(Guests have even asked to allow their ESA or service animal What Resorts Can Do Now
to accompany them while taking part in snow tubing; while
resorts could legally restrict service animals from riding
on tubes, they would need to allow them to accompany a
guest with a disability to the staging or congregating areas The claim against Winter Park is currently pending before the
surrounding the snow tubing lanes.) Colorado Human Rights Commission, and probably will not
NSAA is not aware of any ski area in the US or Canada be decided until the late spring of 2018, at the earliest. For now,
that allows dogs (including service animals) to accompany most ski areas are likely to continue their policies of restricting
guests while skiing or snowboarding on trails open to the pub- service animals from open chairlifts—with alternative transport
lic. As a result, if animals are allowed on lifts, the most likely or other accommodations—until there is contrary case law.
way to get those animals back to the base area of a ski resort In the meantime, there are a number of key consider-
is to download the animal on the chairlift, which, again, only ations to take into account when dealing with pets and ser-
increases the safety risks of allowing animals on chairlifts. In vice animals (see “Pet Peeves,” pg. 24, and “Sign Language
Interpreters,” pg. 26). All of these concerns require that resorts
and their employees approach these complex issues with the
utmost sensitivity and understanding. These will help min-
imize confusion, avoid inconveniencing persons with dis-
abilities, limit potential exposures for resorts, and ultimately
improve the overall experience for all guests. It’s a delicate bal-
ancing act that requires maximizing accessibility as much as
possible, while also maintaining overall safety at our resorts.
Moreover, NSAA has posted draft service animal pol-
icies on its website for our member resorts (login required;
visit http://www.nsaa.org/government/regulatory-issues/
ada/. Ski areas may adopt these draft policies in total or
edit them as they see fit, and post on their resort websites.
Furthermore, NSAA is currently working with the Forest
Service to create a specific addendum regarding service ani-
mals to be included in resort operating plans.
Ski areas will continue their lauded outreach efforts to the
Arapahoe Basin disability and adaptive communities, to get as many people as
patroller Dom possible to experience the joys that skiing, boarding, mountain
Vellone with his
avalanche dog, Max. biking, and other activities provide—and, most importantly,
Courtesy Dave
Camara/A-Basin to make that experience as safe as possible—for everyone.

28 | NSAA JOURNAL | WINTER 2018