The Accessibility Loophole

Over the past 20 years, I've dealt with many local and municipal governments, each of which has their own type of red tape. Navigating the minutiae of zoning rules can be mind-numbing work, and it often makes me wonder whether they were written so opaquely to prevent people from fully understanding them.

When I look at governmental regulations around playgrounds, I start getting into the same line of questioning. While I'm sure most of these stipulations were created with the best interests of children in mind, I couldn't help but home in on the 2010 ADA Standards manual, specifically section 240, which exempts “amusement attractions” from following the same play-area accessibility requirements as every other playground.

What this basically means is that, when you see a 30-50 foot play structure, one without any wheelchair ramps or properly-placed transfer stations, know that the playground owner isn't violating the Americans with Disabilities Act. What's more, this exemption was created at the request of the IAAPA, an industry organization with deep incentives to keep their play structures underregulated.

The ADA Exemption

In short, a segment of the playground industry asked for a carve-out so that they wouldn't have to comply with federal safety standards. They got it. And while this certainly isn't the only instance of lobbyists steering public policy to their preferred outcome, it's one that hits close to home for me. I think, societally, we've gotten away from the idea that public spaces are meant for everyone. In the context of playgrounds, that's what this idea of accessibility is supposed to be centered around; that no one should be impeded from playing solely based on their ability level. But in the playground world, big industry leaders think they alone should get to decide what “accessibility” truly means.

And that's exactly the point of exempting massive play structures from governmental regulations; they'd never meet ADA accessibility requirements, so, instead of changing the way they're built, the industry helped to change the way they're regulated.

Two Playgrounds, Two Sets of Rules

“Remember who you are truly trying to serve with your playground selection.”

Accessible playground

Oversized structure

Accessible Playground	Oversized Structure
Ramps and Accessible Routes	Lack of Practical Accessible Routes
Practical Transfer Stations Provided	Transfer Station Access is Limited
Accessible Platforms Throughout	Features Out of Reach
All Kids Can Play Together	Some Kids Left Out of Key Experiences

Size shouldn't cancel out access.

It's very possible, and in fact easier than the alternative, to build impressive, usable playgrounds that don't skirt the rules set out by the ADA, which ensure that every kid can access and play on public playgrounds. The fundamental purpose of the ADA is to prevent the bifurcated dynamic where one class of society can access public spaces and another can't, and when it comes to playground regulations, this is especially true. If a playground can't be used to its fullest by every kid, it becomes a space for only some kids to have fun, and I don't believe that's what most parents want, regardless of their child's ability level.

Theory vs. Practice