The Americans With Disabilities Act Insures The Right Of Every Child To Play - United States

Parks & Recreation, April, 2001 by Teri Hendy

An accessible route of travel must be provided to the perimeter of the play area.

A young father sitting in his wheelchair holding his squirming toddler is frustrated because he cannot get close enough to the park's swing set to be able to push his daughter in a swing. A child wearing braces and pushing a walker stands outside the playground watching her friends play, unable to walk across the sandy surfacing to join in the fun. An energetic teenager volunteering at a camp for physically challenged children takes one of her campers to the playground only to realize there is not one thing the child using a wheelchair can play with because the playground is not accessible. Mahatma Ghandi said, "The rudiments of knowledge imbibed through play are an essential part of education." The United Nations Declaration of the Rights of the Child suggested that "the child shall have full opportunity for play and recreation which should be directed to the same purposes as education: society and the public authorities shall endeavor to promote the enjoyment of this right." It is the right of every child to play.

Ten years after President Bush signed into law The Americans with Disabilities Act, recreation providers still argue about accessibility. One of the most frequently asked questions during the National Playground Safety Institute's training is "Do I have to make all my playgrounds accessible?" It is time that as a society we realized that by making our playgrounds and recreation areas accessible to persons with disabilities, we are making them more enjoyable for people of all ages and abilities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in the provision of services and facilities such as playgrounds. The Architectural and Transportation Barriers Compliance Board (U.S. Access Board) was responsible for developing accessibility guidelines for new construction and alterations of existing facilities. The Americans with Disabilities Act Accessibility Guidelines (ADAAG), issued in 1991, did not yet address recreation facilities such as sports facilities, outdoor recreation areas, parks, and playgrounds. For almost ten years recreation providers have not been sure of what the law required them to do. In October of 2000, the U.S. Access Board issued the Final Rule for playgrounds (36 CFR Part 1191). A modification was published on November 20, 2000 that amended the definition of elevated component found in the October release.

The "Final Rule" modified the existing accessibility guidelines (ADAAG) by providing guidance to public entities specifically about playground components and surfaces. Newly designed and newly constructed play areas for children ages two and over, and altered portions of existing play areas, shall comply with this final rule.

Bottom line, it is about providing play for everyone! Persons with disabilities must be able to approach, enter, and use the playground and its components.

Approach, Enter and Use

The original accessibility guidelines set forth recommendations for accessible routes of travel by providing guidance as to the necessary width, length, and slope of these routes of travel. The "Final Rule" amends ADAAG by adding a new section that provides requirements for ground level and elevated play components, accessible routes, ramps and transfer systems, ground surfaces, and soft contained play structures.

Accessible Route (Approach)

The purpose of the "Final Rule" is to enable us to provide play areas that a person with a disability can approach, enter, and use. The accessible route allows the user to approach the play area. An accessible route must be provided to the perimeter of the playground area connecting the play area entrance to accessible buildings, facilities, elements and spaces that are on the same site. The route must be a minimum of 36 inches wide. If an accessible route has less than 60 inches of clear width, then passing spaces at least 60 inches by 60 inches must be provided at intervals not to exceed 200 feet. A "T" intersection of two accessible routes is considered an acceptable passing space. The slope of an accessible route should not exceed a one-foot rise over a run of twenty feet. If the 1:20 slope is exceeded the route is considered a ramp and must comply with the section on ramps

Accessible Routes Within the Playground Area (Enter)

The "Final Rule" provides specific requirements for the accessible route within the perimeter of the playground area. Typically this is the area where there is protective surfacing material. There must be a transition provided that allows the person to move from the accessible route or walkway into the play area. At least one accessible route must be provided within the play area connecting accessible play components, including their entrance and exit points. This is important to remember because if a child is given an accessible route to the entrance of an activity such as a slide, but no accessible route is provided from the exit of the slide back to the entry point then the play apparatus is not accessible. Nor is it fun ... how can the child get back to his or her assistive device?