The Americans with Disabilities Act (ADA) requires public agencies to make “reasonable modifications” to their services, programs, and activities to accommodate people with disabilities. This requirement extends to the use of manual mobility devices and so-called “Other Power-Driven Mobility Devices” (OPDMDs), such as Segways, golf carts, and all-terrain vehicles (ATVs).
Public agencies must allow people with disabilities using OPDMDs onto their property and into their facilities unless a particular type of device cannot be accommodated because of legitimate safety concerns that are based on actual risks. More information on OPDMDs and the ADA is provided in a publication on the topic by the Department of Justice.
If an agency intends to prohibit or restrict the use of certain OPDMDs, the Authority recommends adopting an ordinance and/or administrative policy to serve as formal, constructive notice to the public, and as guidance for agency staff. Of critical importance is that the ordinance and/or policy have a legitimate safety-related basis.
For questions or additional guidance on this topic, please contact your assigned regional risk manager.