TravelAbility Insider

The Intersection of Travel and Disability

ADA//Law

20 Accessible Travel Predictions For 2020

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words 2020 written out with binoculars in the background

The travel industry, thanks to collaboration with disability experts, is entering the next decade well positioned to make a difference in the lives of the 1 in 5 people with a disability. Here are our bold predictions, drawn from insights from hundreds of blog posts, several podcasts, as well as scores of conversations during our listening tour following the first annual TravelAbility Summit held in 2019 in San Francisco.

  1. More awareness by travel companies about the need for accessibility to become a core value. It’s a must for companies who are trying to understand how to prepare for the Silver Tsunami of baby boomers as they age into reduced mobility.
  2. More emphasis on Universal Design of public spaces and guest rooms as hotels undergo renovations on a 15- or 20-year cycle. More hotels will promote their accessible rooms to locals who have a relative or friend with a disability visiting, but their homes are not accessible.
  3. More media hype around the 30th Anniversary of the Americans With Disabilities Act (ADA). This will no doubt result in increased pressure on the travel industry to level up their accessibility game.
  4. Fewer damaged wheelchairs as airlines begin to work together to develop more effective “below the wing” baggage handler training for power wheelchairs. When damaged, they’re expensive to repair and have led to four and five-figure settlements.
  5. An increase in “drive-by” ADA compliance lawsuits around accessible websites. The increase in lawsuits over web accessibility will be driven by the current vagaries in standards and the precedent set by the 2019 Domino’s pizza case. (A recap of ADA website actions for the past three years can be found here.)
  6. More support from elected officials for accessibility initiatives as disability is one of the few bipartisan issues that bring everyone together. Just this year, aware of the potential voting power of Baby Boomers, the Mayors of Philadelphia, Chicago, Reno and New York City all embraced accessibility as a civic goal as have several governors.
  7. Less lip service from hotels about how accessible they are as they continue to offer only what is required by the ADA, a law that is 30 years old. Also: more scrambling to improve their face-to-face accessibility staff as Boomers age into a disability.
  8. More destinations proactively becoming accessible as this accessibility becomes viewed as the easiest (and least expensive) form of product development. More destinations will follow the lead of Eugene, Oregon, which has collaborated with their City Manager to increase accessibility in nature parks and public transportation. (As an example, here’s how Travel Oregon promoted accessible nature options.).
  9. More airports leading the way in technology and training for aging travelers as well as those with hidden disabilities. Seattle-Tacoma International Airport now offers lanyards to those on the autism spectrum that allow them to pre-board flights. Seventeen airports participated in the ARC Wings for Autism initiative as well as the self-driving wheelchair initiative at Narita Airport.
  10. More affluent Baby Boomers leasing accessible rooms in hotels rather than moving into an assisted living center, which they see as an old-age home. Anecdotal evidence indicates this is already happening.
  11. More “sharing economy” companies such as Lyft, Uber, and Airbnb expanding their accessibility offerings to fill a need that has not been well served by taxi companies. Uber WAV now enables drivers to rent rear-entry accessible vehicles with ramps.
  12. More adaptive technology and “longevity” products targeting Boomers with age-related reduced mobility, vision and hearing loss. Some of these products will improve travel. For example, prominent Silicon Valley VC firm Andreeson Horowitz led a $20 million funding round for “Honor” which connects home care workers with seniors—a service that can also be used while on vacation.
  13. More family-oriented destinations and attractions embracing training to accommodate those on the autism spectrum as well as certification to ensure loyalty of customer base.
  14. Increasingly, Millennials find accessibility to be “cool.” Although difficult to measure, anecdotally the younger generation considers organizations that prioritize accessibility as more aligned with their personal values.
  15. A greater prioritization of Visitor Service training programs–both in-person and online—will proliferate as consumer-facing staff of travel suppliers will need to understand ways to address problems that arise during the check-in process and the stay.
  16. More hotel concierges conducting in-depth research about the accessibility features of the attractions and restaurants they are recommending. Along with a list of recommended places to eat and things to do, the concierge will offer an accessible guide to recommended restaurants, attractions, and museums.
  17. Incidences of “parking-shaming” are on the rise. Already a common occurrence, wheelchair users will become vocal when they find spaces occupied by drivers with questionable handicap permits.  There’s even an APP for that (see more here.) We also predict that shortly, travelers with a disability will be able to reserve an adjacent parking space during the booking process.
  18. More college-level tourism programs incorporating courses with accessibility and visitor experience training. This trend could evolve to become a pipeline for organizations looking to hire talent with disability and inclusion experience. Here’s an example from the University of Tennessee-Knoxville Hospitality program.
  19. The cost for a website to become ADA compliant will decrease dramatically as Google begins to “deprioritize” non-accessible websites in search results. Already innovative start-ups such as Accessibe, which can convert a 1000 page website into compliance using AI technology for under $500 per year, has attracted nearly 20,000 clients–including TravelAbility Summit.
  20. An all-out search for euphemisms to replace the word “disabled”. The search will likely be led by Boomers who abandoned words like handicapped or wheelchair-bound because they felt pejorative and insulting. Perhaps this is the year for AARP to launch a contest to find a more modern term incorporating reduced mobility and empowerment.

The Top 20 Takeaways From TravelAbility Summit (Yes, Inspo-Porn is One Of Them)

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BeMyEyes founder presents on stage standing next to podium
After Will Butler’s presentation on Be My Eyes, many attendees said they wanted to use the app. Here’s the link.

TravelAbility Summit 2019, held this November in San Francisco, was the first national summit that explored ways the travel industry can better serve the disability community.  While sessions and panels during the Summit identified a substantial disconnect between the two groups, the event provided a bridge between the network of travel industry professionals and the travelers with disabilities attending the conference. Bringing together these communities that might otherwise not speak with each other was a major achievement of the Summit. We are committed to continuing this critical conversation.  

While the conference focused on the intersection of travel and accessibility, it also created the opportunity for the disability community, which is built around advocacy groups promoting access for specific disabilities, to come together over the common cause of accessible travel.  What these groups all have in common is the aspiration to travel because it’s the toy department of life. We were delighted to make this happen

Here are our top takeaways from this year’s Summit:

  1. “Nothing About Us Without Us.” This should be the guiding principle for any travel organization that wants to increase its accessibility. This means destinations building accessible products and content being featured on their website should include advice from local organizations representing different disabilities. Consultation with people with disabilities should be the first step when hotels are renovating ADA rooms. Accessibility initiatives should be taken in partnership with people with disabilities
  2. Accessibility is Good for Business Significant numbers were presented indicating the size of the accessible needs travel market, the growing numbers as we age into disability, and the friends/family/companions/caregivers directly impacted by travel decisions. Something we can change: 87% of autism-affected families don’t travel at all. 
  3. Accessibility is Hospitality. The Americans with Disabilities Act will turn 30 in 2020. Three decades after the passage of ADA, compliance makes travel possible—but far from pleasant. “Accessible” isn’t a decent definition. Many establishments still don’t do enough and empathy cannot be regulated. Wheelchair travelers need hotel and bathroom interior photos; blind travelers need housekeepers who don’t move items. 
  4. Lowering the Fear Factor For Travelers Must Be a Focus. Fear of the unknown plays a big factor when people with disabilities are considering destinations and especially hotels, while fear of imperfection makes many hotels and attractions ambivalent and/or uncomfortable about welcoming disabled guests.
  5. Fear Motivates. Some fears can be productive and result in compliance action: FOGS (Fear of Getting Sued) and FOMO (Fear of Missing Out) are primary motivators of compliance.
  6. There Are Easy Fixes. While almost all hotels post images of their rooms, public space, and exterior on their websites for everyone to see, few include photos of their ADA accessible rooms, which is critical for those with disabilities to determine if the hotel is right for them. 
  7. Empathy Creates Change. Language, empathy, and understanding matter. Because people don’t know what to say or how to say it, they should simply ask, “How can I assist you?” In fact, many travelers with special needs indicate that potentially litigious situations could be nipped in the bud through better frontline staff training.   
  8. Count Me In: Volunteers Are Abundant and Available. for initiatives and events where they can help people with disabilities.  For example, Be My Eyes, a free app that connects blind and low-vision individuals with sighted volunteers from all over the world through a live video call now has 3 million volunteers and 150,000 users. 
  9. All Disabilities Have a Spectrum. Autism isn’t the only disability with a spectrum. Every disability has a spectrum which makes it impossible to be accessible for everyone. However, as Aaron Clefton, an ADA plaintiff attorney panelist told the audience, “If my clients had been treated with respect and had their problems addressed with courtesy, none of them would have sued.” 
  10. ROI for Accessibility is Real. It’s really quite simple:  If you’re accessible for those who are disabled today, you’ll be accessible for the 77 million Baby Boomers who have the wealth, time and interest to travel as they age into a disability tomorrow.
  11. Universal Design Benefits Everyone.  Curb cuts were originally for wheelchair users but they are also used for baby carriages, scooters, skateboarders. AVA, one of the products featured in Launchpad, is a voice-to-text service where deaf attendees can easily follow what presenters are saying through their app.  At the same time, everyone can click “save” and they will have a PDF of the speech.  Prominent hotel chains such as Marriott are working on the accessible rooms of the future. 
  12. Destinations Are the Evangelists of Accessibility As a collection of suppliers and a conduit of information, DMOs are in a good advocacy position to share information, spearhead movements, promote certification, host workshops, raise awareness, train and amplify the message. 
  13. Compliance Goes Beyond Having An Accessible Website. Having accurate up-to-date information about accessibility on a travel supplier or destination’s website is the most effective form of customer service, but efforts shouldn’t end there.
  14. Nature Belongs to Everyone. National and local parks and beaches are developing innovative approaches to help people with a variety of disabilities enjoy nature and the salutary effects that outdoor activities bring to everyone.  
  15. Family and Caregivers Need Vacations Age-related diseases such as dementia and Alzheimers are stressful for caretakers. Leaving a cognitively challenged elder at home is not an option. Vacation options that provide solutions are in demand
  16.  There Are P.R. benefits to Becoming Accessible. Destinations and suppliers who have promoted their accessibility initiatives have received favorable coverage from local news outlets as it is viewed as cutting edge and positive service for the community.   
  17. Practical Products Solve Accessibility Problems. TravelAbility’s pre-conference LaunchPad, a pitchfest featuring 15 companies (a mix of start-ups and established businesses), showcased emerging assistive technology and products to the travel and disability community. The voting outcome revealed that the judges favored practical products engineered for everyday use over emerging technology. 
  18. Inspo-Porn Is a Thing. “Inspiration porn”, which people with a disability find offensive, is the portrayal of people with disabilities as inspirational solely or in part on the basis of their disability.  Someone needs to tell the news media and their viewers. Learn more.
  19. Simulating the Travel Experience Creates Real Benefits. It has been proven, from airports to air carriers to hotels, simulation reduces anxiety among those on the autism spectrum. It opens great possibilities for virtual reality technology.
  20. Awareness Creates Community. Connecting with people with disabilities, exposure to ideas and innovation plus resources creates a new travel community committed to accessibility.

Who Is Responsible for Digital Accessibility?

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Post its on a wall. the most prominent one says RUN A USABILTY TEST

Technology accessibility is a shared responsibility for businesses that extends beyond websites and basic code, reports CIODive They outline four roles—including designers and usability testers—that companies can lean on to ensure compliance. READ MORE

OUR TAKE: The IT department isn’t the only place to go when you need help making sure your presentations, website and other designs are accessible. Even if you make small changes most people wouldn’t notice, consider consulting a usability tester or a freelancer with a knowledge of ADA-compliant design.  

What Can the Travel Industry Learn from a Pizza Maker? A Lot.

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Photo of Dominos pizza and garlic knots with a soda and a cell phone.

OUR TAKE: Experts say there has been a nearly 200% increase in ADA website accessibility-related lawsuits between 2017 to 2018.  How will Google’s algorithm come into play? What can the travel industry do to be proactive? That’s where we hope play a significant role.

The TravelAbility Summit is the first-ever conference to bring together the travel industry with product and service innovators dedicated to improving travel experiences for individuals with physical, visual, auditory and cognitive disabilities. “The goal is to help bring accessibility to a higher level,” said Jake Steinman, founder of TravelAbility Summit.

Not sure if your website is compliant with accessibility requirements—or if it even needs to be? Perhaps the best place to start is by taking a cue from Domino’s. According to featured speakers at the upcoming TravelAbility Summit, including an attorney who specializes in defending hotels with Americans with Disabilities Act (ADA) claims, companies in the travel sector can learn a lot from Domino’s recent ADA-related legal setback.  

For those readers not familiar with the case: In 2016, Guillermo Robles filed a lawsuit against Domino’s after he had attempted, at least two times, to order a pizza from the food chain’s website and mobile app.  At issue? Robles is blind and uses screen-reading software that allow him to successfully navigate websites. As it turns out, Dominos isn’t one of them. 

Robles is just one of an increasing number of people with disabilities in the USA who are suing businesses they say are discriminating against them by not providing accessible websites as required by the Americans with Disabilities Act (ADA). In fact, ADA web accessibility-related lawsuits increased 181% from 2017 to 2018, with 814 cases in 2017 and 2,285 lawsuits filed in 2018, according to tracking by the accessible technology firm UseableNet,who says the pace of ADA lawsuits is equivalent to one per hour. 

“Website accessibility is the latest trend in ADA litigation and this ruling essentially provides a green light for a slew of new predatory lawsuits by attorneys using digital crawlers to target travel supplier’s websites that are not accessible,” says Jake Steinman, founder of the TravelAbility Summit.  “On the other side, there will also be a surge in spam e-mails from third-party web vendors trying to sell accessibility upgrades to anyone and everyone.  Travel Tripper’s Nate Lane recommends that companies should exercise prudence by requesting references and focus on those with developing travel websites. But what may motivate suppliers and even destinations to justify investing inaccessibility, even more, may be rumors that Google’s algorithm may eventually bury websites that are non-compliant off the first page of organic search results reminiscent to what happened to websites five years ago that were not mobile-friendly. The result of this was an explosion of innovative development that ultimately led to Responsive Design, which today is universally incorporated in every mobile design. Hopefully, history will repeat itself.” 

Robles’ case against Domino’s, which was originally dismissed in 2017 by a district court judge in California, was re-instated in January of this year unanimously by a three-judge panel of the U.S. Court of Appeals for the 9thCircuit. In sending the case back for the lower court judge to decide, Circuit Judge John B. Owens wrote, “At least since 1996, Domino’s has been on notice that its online offerings must effectively communicate with its disabled customers and facilitate ‘full and equal enjoyment’ of Domino’s goods and services. While we understand why Domino’s wants DOJ to issue specific guidelines for website and app accessibility, the Constitution only requires that Domino’s receive fair notice of its legal duties, not a blueprint for compliance with its statutory obligations.”

The lawsuit has now been active for more than three years—and gained more ground this month when the Supreme Court denied Domino’s petition to hear its case and determine whether its website is required to be accessible to the disabled. Domino’s position in its request to the Supreme Court was the ADA doesn’t apply to websites and mobile apps since the law established in 1990 predates the birth of the modern web and no clear rules to follow regarding online accessibility exist. Attorneys for Robles say otherwise, and the Supreme Court’s refusal to hear the case means Domino’s must defend its position in court.

According to legal experts, the Supreme Court’s decision is a huge loss for the company and huge win for people with disabilities. It’s also another warning sign for the travel and hospitality industry, says Stuart Tubis, an ADA defense attorney who will be presenting at TravelAbility Summit. “All travel-related businesses should understand the legal liability of having a public website that isn’t accessible. It can cause a lawsuit.” Tubis regularly counsels businesses on the full spectrum of ADA compliance and represents their interests in civil litigation and Department of Justice investigations. Nate Lane, senior director of digital platforms, Travel Tripper & Pegasus, which specializes in helping hotels build accessibility into their websites, emphasizes the time is now to take the initiative. “Even before the Domino’s ruling we looked at accessibility as something that was mandatory, because so many of the lawsuits had merit. My advice is to not bother to debate the merits of an accessible lawsuit, but be proactive because it’s the right thing to do in the first place,” says Lane, who will also be presenting at the TravelAbility Summit. When asked how to evaluate the range of accessibility service providers, Lane suggested that they should make sure they have travel-industry related expertise, use a holistic approach, and have verifiable references. “Many hotels get into trouble with multi-vertical vendors who don’t understand the nuances of travel,” Lane continued. “The effect of this ruling for existing vendors such as us, will be to enhance and bring accessibility offerings to even higher levels.”

According to the Napa Valley News, California wineries have been hit hard with web accessibility lawsuits this year and when the marketing director of one of Sonoma’s most prominent wineries was asked why she finally made their website accessible, she said: “It’s the most effective form of customer service we can possibly offer.” 

TravelAbility Summit attendees will be able to pick the brains of five presenters with expertise in website accessibility.  Nate Lane, Travel Tripper; Stuart Tubis, ADA hotel defense attorney, Jeffers, Mangel, Butler,  Shenyse Lujan, Audioeye; Chris Lona, CL Designs.  

See the newly updated agenda here.  Register here.

This piece was updated on October 15, 2019.

 

New Airline Therapy Dog Guidelines May Not Sit Well with Some

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It’s looA pug stares with a frown into the cameraking like some fuzzy friends will have a tougher time getting on board than they have in past years. The latest guidelines on flying with emotional support animals were announced, covering when and how pets can be transported. The U.S. Department of Transportation (DOT) rules come on the heels of news that airlines and attendants were being overwhelmed by the number of emotional support animals—cats, dogs, bunnies, birds and beyond— being checked in to planes with their owners as emotional support animals. There were also safety concerns. The DOT remains committed to ensuring that our air transportation system is safe and accessible for everyone. Law enforcement’s focus will be on clear violations of the current rule and alleged violations of the Air Carrier Access Act, according to the report.

OUR TAKE: The guidelines clearly recognize the importance of service animals but are stricter on species, breeds, and documentation in advance of flights. (They do not banish pit bulls, but passengers with pigs, peacocks and squirrels should probably plan alternate routes. The rule favors airlines, saying that they have the right to turn away requests or animals if they seem to be of any threat to the public. .Animals can also be deterred if they are too large or too heavy or too small (under four months). The final statement can be found at regulations.gov, docket number DOT-OST-2018-0067.

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