Question: Do gyms in Honolulu have any reasonable accommodation responsibilities for disabled members? One example would be in the use of free-weight equipment.
Answer: Gyms typically would be covered by Title III of the U.S. Americans With Disabilities Act, as a privately owned place of public accommodation, said Francine Wai, executive director of the state Department of Health’s Disability and Communication Access Board.
This means they have an obligation not to discriminate on the basis of disability. For example, they must clear enough floor space next to each type of equipment so that a person with a disability can get close enough to use it; cannot charge an extra fee for an assistive device; and cannot refuse to admit someone who needs a service animal, Wai said.
However, the law does not mandate that specific exercise equipment be installed, nor does it require that a gym employee help a disabled person use the equipment, unless such personal assistance is offered to all gym patrons, she said.
You can find ADA Title III at 808ne.ws/adatitle3, which defines “place of public accommodation” as a facility, operated by a private entity, whose operations affect commerce and fall within at least one of 12 categories, the last of which includes “a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.”
The law outlines many steps that places of public accommodation should take to reasonably accommodate people with disabilities, such as removing physical barriers to entry, clearing pathways and generally making the place accessible.
However, Sec.36.306, “Personal devices and services,” stipulates that the law “does not require a public accommodation to provide its customers, clients, or participants with personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; or services of a personal nature including assistance in eating, toileting, or dressing.”
So, the answer to your first question is yes, the ADA does hold gyms to accessibility standards and prohibits discrimination against disabled members. The answer to your second question (about using the free weights) depends on whether you are seeking access to the weights or personal assistance in using them (generally yes to the former and no to the latter).
You can contact DCAB directly for precise information specific to your situation. Call 586-8121 or email dcab@doh.hawaii.gov. You can also submit your query to DCAB online, via the electronic form at 808ne.ws/dcabform.
Back-to-school traffic
Some Kokua Line readers highlighted an important tip for parents that I overlooked when discussing strategies to beat the heavy traffic now that most Oahu schools are back in session (808ne.ws/avoidjam). I offer it now: Be alert and efficient in the drop-off line once you reach your child’s school; same goes for afternoon pickup.
As one reader said, “The school traffic loop is not the place for kids to be searching for their homework, looking for their shoes or getting a million last-minute instructions (or even kisses) from mom or dad. The driver should pull up, have the child safely hop out and move on so the next car in line can do the same. I live near a school, and, believe me, when that line backs up it disrupts traffic in the whole neighborhood and practically even all the way to H-1.”
Mahalo
A special shout-out to the “big kids” at the skate area at Kaneohe District Park. From Day One they have been attentive and patient with my annoying little newbies, even providing appropriate safety and skill tips. What great role models! — Mahalo, Tom8
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