High Sierra Topix

Q: Does wilderness designation discriminate against the disabled?

A: No. Those with disabilities may use wheelchairs within wilderness. The Americans With Disabilities Act of 1990 reaffirmed that nothing in the Wilderness Act should be construed as prohibiting the use of a wheelchair a wilderness area by individuals whose disability requires it. A report by the National Council on Disability found that "[a] significant majority of persons with disabilities surveyed very much enjoy the [National Wilderness Preservation System] and 76 percent do not believe that the restrictions on mechanized use stated in the Wilderness Act diminish their ability to enjoy wilderness. People with disabilities appear to visit the NWPS in the same ways and for the same reasons that people without disabilities do."

The section of the ADA that does govern Federal agencies is Title V Section 12207 Federal wilderness areas, which pertains to Federal wilderness areas. This section reaffirms that the 1964 Wilderness Act doesn't prohibit the use of wheelchairs and also that agencies aren't required to change the character of wilderness areas in order to provide accessibility. It also defines the types of wheelchairs that can be used in federally designated wilderness. Facilities do not have to be constructed solely because a person with a disability might go to a wilderness area. However, if an agency decides to construct a facility, it must be accessible. For instance, in some areas of the Boundary Waters Canoe Area Wilderness, pit toilets have been provided for environmental reasons. The design of these toilets has been modified so that they are accessible.