For most of its visitors, the Adirondack Park is a wonderful
place to enjoy nature, disconnect from cities, and participate in a variety of
recreational activities. Unfortunately, visitors with disabilities are not able
to experience the benefits of the park to the same extent due to the park’s
lack of accessibility for disabled individuals. Some of the regulations of the
Forever Wild clause need to be breached in order to make the public land in the
Adirondack Park compliant with the Americans with Disabilities Act (ADA), which
“ensures equal opportunity for persons with disabilities in …State and local
government services…” (ADA.gov). This conflict between the ADA and the SLMP has
lead to many lawsuits. One of the biggest victories for accessibility advocates
was the result of a lawsuit in 2001, which ordered the DEC to spend $4.8
million over five years to increase the accessibility of public areas such as campsites,
boat launches, picnic areas, etc. (New York DEC). While this was a huge step
towards an accessible park, this mandate didn’t improve disability access to
wilderness areas where motor vehicles are prohibited. It isn’t realistic to
make the entire park accessible, but legislators should work to make the park
as accessible as possible to create equal opportunities for all visitors.
In 2010, a disabled veteran Maynard Baker filed a lawsuit
against the DEC and the APA that challenged rules prohibiting motorized access
and floatplane use to wilderness areas, including 38 lakes and ponds within the
park, arguing this restricted access violates the ADA. One opponent of this
case, John Caffry of Protect the Adirondacks, claims the ban on floatplanes
should remain because “there are plenty of people with disabilities who have no
interest in using floatplanes to access wilderness lakes” (Mann). While his
argument explains why floatplanes aren’t necessary for all individuals with
disabilities, it does not effectively combat Baker’s claims. Caffry
thoughtlessly lumps all individuals with disabilities together and generalizes
that “many of them prefer” accessing wilderness lakes by motorless means of
transportation. Just as not all able-bodied people are the same, not all
individuals with disabilities have the exact same preferences or abilities.
Yes, some individuals might be able to access wilderness lakes by canoe, but
others may not be able to do so, in which case the use of floatplanes is
necessary in order to allow them the same opportunities as every other visitor
to the park.
After two years of heated debate, Baker dropped the lawsuit because
of the accumulating cost of litigation, stating, “no person of modest means,
like many of us in the Adirondack Park, can singlehandedly challenge the state
on such issues. Help from deep pockets is needed” (Adirondack Daily
Enterprise). While Baker dropped his case, he continues to argue that certain
allowances should be made for individuals with disabilities so they can
experience wilderness in the Adirondack Park just as able-bodied individuals
can. Even though some of these allowances may have a slightly negative effect
on the environmental conservation efforts of the Forever Wild clause, the
benefits of inclusion and accessibility for disabled individuals are much more
important.
Update 5/1/2015: Thank you to Emily Snider for your thoughtful feedback and suggestions to improve this post.
Works
Cited:
"Americans with
Disabilities Act." 2010 ADA Regulations. United States
Department of Justice Civil Rights Division, 2010. Web. 27 Apr. 2015.
"Historic Agreement
Provides Additional Access for the Disabled." Accessible Trails.
New York Department of Environmental Conservation, Aug. 2001. Web. 27 Apr.
2015.
Kassel, Lara. "Access to
Summer." Center for Disability Rights, Inc. Center for
Disability Rights, Inc., 30 May 2008. Web. 27 Apr. 2015.
Knight, Chris.
"Disabled-access Floatplane Suit Dropped." Adirondack Daily
Enterprise. Adirondack Daily Enterprise, 29 Nov. 2012. Web. 27 Apr. 2015.
Mann, Brian. "Lawsuit
Challenges Access to Adirondack Wilderness for People with
Disabilities." Lawsuit Challenges Access to Adirondack Wilderness
for People with Disabilities. North Country Public Radio, 11 Mar. 2011.
Web. 27 Apr. 2015.
I connect to this post very personally. My cousin Kevin was paralyzed during training at the US Naval Acadmey. A previously bright and exceptionally active 20 year now suddenly found himself disabled. Last year he was able to climb mt Washington in New Hampshire using a specialized wheel chair on the paved path. The sense of accomplishment and joy it gave him that he could summit a huge mountain and experience nature like the rest of was a special moment. However, is it fair for us to prioritize his needs over that of the greater good of the environement. I personally do not think so, but emotions and personal connection often cloud reason. It is not an easy question to answer.
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