May a motorcoach operator offer equivalent service, such as a van, to accommodate passengers with disabilities?
The only situation in which the U.S. Department of Transportation's rules provide an equivalent service option is in with respect to small fixed-route operators. There is no equivalent-service option for demand-responsive motorcoach service. In the charter/tour context, providing a separate van for people who use wheelchairs would not, in any event, be equivalent to providing service in an accessible motorcoach. Charter tour service is service for a group. Being part of the group and being able to interact with fellow group members is part of the experience of the trip for customers. Under the ADA, service must be provided in the most integrated setting feasible (see Department of Justice regulations under Title III of the ADA, 28 CFR §36.203). Providing accessible service only in another vehicle amounts to the provision of segregated, "separate and unequal," service. In addition, motorcoach service often includes amenities (e.g., tour guides, on-board entertainment systems) that are not available in the van.
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