Issue link: http://psai.uberflip.com/i/1186744
WEEKLY EDITION NOVEMBER 20, 2019 PAGE 7 How does the Americans with Disabilities Act (ADA) apply to the provision of portable restroom trailers? Almost everyone knows that in places of public accommodation the following things are true: • At least 1 unit must be ADA compliant. • When multiple units are provided in a bank, 1 unit in 20 (5%) must be ADA compliant • When multiple banks are provided, at least 1 unit per bank should be ADA compliant so that it is not more difficult to access an ADA compliant unit at an event than it is to access any other type of unit • The "path of travel" to and from the units must be ADA compliant In the PSAI's training courses we touch on the issue of portable restroom trailers and how they fit into the mix. The spirit of the ADA requires that facilities provided for persons with disabilities cannot be "less than" those provided for the able-bodied. While the ADA provides some exceptions, it is best to assume the facilities should be on a par with one another. Still, it happens too often that a nice, air conditioned portable restroom trailer with running water is provided for able-bodied users, but a portable unit lacking these amenities is provided for persons with disabilities. To date there have been no lawsuits from disabilities advocates regarding portable sanitation equity as far as the PSAI is aware. However, the PSAI strongly urges companies to be sensitive to the need for equal facilities. Operators should not to be surprised if the disabled community takes you, the portable restroom operator, and/or the event planner to task for any disparity in the equipment provided. It's best to be proactive. When the PSAI first began talking about this issue back in 2016, we were not aware that equipment equity had ever been made an issue anywhere – but we saw it coming. Since that time, we have heard stories from the field in which the matter has been raised. In one of the first instances, PSAI Board President Scott Thone of FusionSite Services/Arkansas Portable Toilets was involved in the situation shown in this article and video. How did the situation end? Scott and his company were called out to provide improved equipment for the ADA users. So let that be the lesson as well. Providing equitable equipment for all users is not only a good idea because it's the right thing to do and because it complies with the ADA, it's also a sales and service opportunity. Take advantage of those whenever they come up and watch your business grow. -KK R es t ro om T r a i l er s a nd t he A m er i c a ns w it h D i sa bi l i t y Ac t : Im p l i c at i ons f o r O pe ra to r s By Karleen Kos, PSAI Executive Director