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.

 

[David42000]

I have a hard time understanding how a 2 wheel bicycle that requires great balance and that can go 20mph is a mobility device for a disabled person. The 5mph limit makes a lot more sense to me, as well as using a 3 wheel device should also be safer. I love the idea that everyone can get outside and enjoy some mobility, but at 20mph is sure looks like a safety issue for everyone to me.

I am disabled and can ride a bike very well. Are you sure you aren't just limiting your ideas to a narrow view of what you think a disability is? My left hip pops in and out of its socket. It doesn't effect my balance at all. I have a difficult time walking because it hurts when I can't relieve the pressure and is more likely to cause a collapse. With an ebike I can exercise it (which is good if I want to recover, and I do) without having to count on my hip to hold me upright when it's had too much. My back is also borken, and I have a bad knee too that collapses sometimes, and again, exercising it is good. My doctor specifically encourages me to ride an e-bike. I bought a 1000 watt kit back when my state allowed that. A year later it was "illegal" but it kinda sucked anyway. So I went and bought an expensive class 2 bike (would've preferred a class 3 but not locally available quickly. Class 2 couldn't get me up hills even with a 750 watt motor. And when I rode with traffic, cars kept getting just right ahead of me and turning right and I took several spills. Not one of them stopped after they'd hit me. It didn't take long to realize that class 2 bike wasn't going to cut it and I bought a 1500 watt bike online and strated doing the legal research to defend myself. I guarantee you I am very competent at hadnling an e-bike at up to 35 miles an hour and no-one cut mne off weith the right hook anymore. I know the thread is about five miles an hour on trails, and I have no problem with that, I compoletely share M@Robertson's views, he is correct. But the idea that disabled people cannot balance is absurd. A bike that can do 35 is the only SAFE mobility device available to me without serious risk of injury. I just can't imagine how you think disabilty requires a balance problem oir that adults can't handle speeds over 20 mph. Your thinking wants me killed. I'm going to ride an OPDMD at the speed limit on my local surface streets because it's the only thing that works and is SAFE.