Does the ADA supersede local restrictions on Ebikes?

[mschwett]

i think the line of thinking in this thread is a little misguided. there is no requirement to make natural/outdoor areas accessible to people with disabilities which are fundamentally in conflict with the nature of the outdoor program. if i can’t climb half dome (which I can’t) i am not entitled to have anyone construct a trail on which I can use a motorized vehicle, nor am I entitled to use a motorized vehicle on the bare rock face.

The laws require equal opportunity; they don't require exceptional opportunity. For example, roads, trails, or other areas on national forests and grasslands that are not designated for motorized vehicle use under a forest travel management plan are closed to all motorized vehicles, including those used by people with disabilities.

Access to programs must be viewed through the lens of the entire program, not through the eyes of an individual. Access to the program is to be provided so long as doing so doesn't fundamentally alter the program. That is, providing access doesn't change the primary functions of the program. Allowing motor vehicles in a nonmotorized area would be a fundamental alteration of the recreation program for that area.

if a trail is designed for and allows the use of e-bikes, then those with e-bikes (or with disabilities and e-bikes!) may use it. if the trail does not allow e-bikes, then one’s status of disability does not change that. this is even more stark when the trail does not allow vehicles at all. the idea that you could claim a disability and ride a 20mph class 1 eBike on a pedestrian only trail is just silly. however, you COULD use a wheelchair if the terrain was appropriate, because wheelchairs are designed to mix with pedestrians and thus they don’t “fundamentally alter the program” as described in the federal document quoted above.