Federal Report on Disabled Access to Federal Lands

June 2000

 

Source:     
Improving Access to Outdoor Recreation Activities on Federal Land
Prepared for the US Department of Interior and Us Department of Agriculture
Prepared by Wildness Inquiry
June 27, 2000
http://www.wildernessinquiry.org/accessreport.pdf
 
  Important Excerpts from Report:
   
"Access for people with disabilities is often perceived as a secondary consideration to other, more pressing needs. One of the underlying issues here is that many people (not just federal land managers) tend to "pigeon hole" the access issue as simply another special need of yet another minor constituency."

"Many people consider access to recreation a lower priority when compared to issues of employment,
health care, or access to basic services such as use of use of restrooms or the ability to enter a
building through the front door. This attitude toward recreation – the belief that it is nice but a low
priority -- is shared by many in the United States."
 

Coalition Note: This is the typical anti-crossbow argument of: "The ADA was designed for employment and building access, not hunting and fishing". But the report goes on to describe why equality in the outdoors is so important:
 
"Yet, in whatever form people chose, most people agree that the ability to recreate with peers is one of the greatest, most rewarding elements of life...

For most people, the accommodations they make in a social, recreational context do translate into other areas of life—including employment, health care, and access to basic services
such as the use of restrooms.

This is why increasing opportunities for integrated outdoor recreation is so important—it serves as an
effective catalyst in changing attitudes (McAvoy,…..all the studies here). It is far more efficient and
effective at accomplishing what legislated mandates can only attempt to do—promote equality. It
serves to motivate people to change because they want to, not because the law is telling them they
have to. Once this attitudinal change is accomplished, the implementation of other aspects of the
civil rights of any minority group becomes far easier. This is why this issue is so important."
  

Coalition Note: This fight is about more than equality in the woods, it is about equality in life. 

"[T]he primary reason for slow progress is that providing equal opportunities for outdoor recreation for persons with disabilities is a relatively low priority among the leadership of all federal land management agencies."
 

Coalition Note: Disabled hunters face so many problems today, simply because no one knows how to challenge issues, and state or other government officials tell them “That’s just the way this issue is handled”. Recent investigations performed by the Coalition have uncovered blatant ADA violations within hunting regulations in many states. These violations exist today simply because nobody knows how to fight them.
 

"[Another] major obstacle to promoting greater opportunities for accessibility is the perception among many land managers that many accessibility initiatives are simply disguised efforts to repeal policies and practices intended to protect natural resources...This negative reaction among land managers is most unfortunate, because it instantly polarizes discussions about access and casts doubt on the motives of people and organizations who advocate for legitimate opportunities for improved access to outdoor recreation.
 

Coalition Note: Unfortunately, defenders of disability rights are often accused of having ulterior motives.
 

Coalition Note: The report contained many recommendations to improving disabled access. Specifically, these 3 recommendations were given for disabled hunting programs:
 
1) "Use gate systems that allow passage of a wheelchair through or around the gate. This is already
a requirement for newly constructed gates, however, this requirement needs to be enforced, and,
ideally, applied to existing gates where access around the gate is essential to the programs
provided (hunting, hiking, wildlife viewing, etc.)."
  
Coalition Note: The inability for disabled individuals to maneuver around public forest gates is an issue we have just begun to investigate, and you will be seeing more about it very soon on the Coalition web site. Another issue being discussed with the federal government at this time is the inability of disabled anglers to access a 65-mile stretch of a significant salmon fishery. Presently the Coalition is taking a look at both of these issues in Washington State.
 
2) "The creation of “Special” hunting areas or seasons for persons with disabilities, should be done
ONLY as a last resort for providing programmatic access to persons with disabilities when
integration into regular hunting seasons is deemed impossible. Every effort should be made to
integrate persons with disabilities into hunting areas and seasons that are available to the general
public"
 
Coalition Note: This recommendation simply states that states should do everything in their power to accommodate disabled hunters in the regular hunting season. Special disabled hunts should not be offered in lieu of regular season accommodations. It is felt that separate hunting areas or seasons does nothing to integrate the disabled into a state hunting program, but strives instead to push the disabled out of the original state run program. It would be much better to allow the disabled to use the tools their disability requires them to use to be able to hunt as equals with able-bodied hunters in the regular hunting seasons.
 
3) "Special permits for crossbow and rifle use in areas and seasons where they are prohibited should
be allowed as a reasonable accommodation ONLY as a last resort to individuals who can prove
that their disability will not allow them to safely or effectively use equipment that is allowed to the
general public
.
 
Coalition Note: Note that this recommends the allowance of crossbows when disabled individuals can prove they can not safely or effectively use traditional or standard archery equipment. This does not say "Allow crossbows only as a last resort, when all other accommodations fail.", as is the practice in states such as New York, which force disabled hunters to use the Modified-Bow accommodation except under the strictest of circumstance. Forcing hunters to use an accommodation which does not fit their individual needs deters hunters from participating in the public hunting season. The ADA prohibits states from enacting regulations which erect barriers to participation, or screens out disabled individuals.
  
 

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