Ms. June Kailes, Chairperson 
U. S. Architectural & Transportation Barriers Compliance Board
1331 F Street, N.W., Suite 1000
Washington, DC 20004

Re: Comments by the American Hotel & Motel Association on the Proposed Rule of November 16, 1999 by the U.S. Architectural and Transportation Barriers Compliance Board on Accessibility Guidelines for Buildings and Facilities under the Americans with Disabilities Act (ADA) of 1990 (64 FR 62248)

Dear Ms. Kailes:

The American Hotel & Motel Association (�AH&MA�) hereby submits its comments on the above noted Notice of Proposed Rulemaking (�NPRN�) to revise and update accessibility guidelines for buildings and facilities under the Americans with Disabilities Act of 1990. AH&MA is a federation of state lodging organizations representing over 11,000 lodging member properties. While the entirety of AH&MA�s comments, including responses to certain questions posed by the Access Board, are attached hereto, this cover letter will address priority issues which particularly merit the Board�s attention.

The AH&MA is extremely disappointed that in the 10 years following the passage of the ADA and the subsequent promulgation of the American with Disabilities Act Access Guidelines (ADAAG), the Access Board has neither taken data developed by the U.S. Census Bureau (or other government agencies) nor made its own independent study to corroborate either the existing quantity requirement for accessible guest rooms or justify the level of proposed changes. Indeed, it is incumbent upon the Access Board to review all available empirical data, including the 2000 U.S. Census results, before attempting to establish percentages and levels of change in the number of accessible rooms required at transient lodging facilities.

In 1990 the California Hotel and Motel Association and the Florida Hotel and Motel Association examined the incidence of usage for accessible rooms in member properties in their respective states. These investigations were conducted almost eight years after new standards for accessibility (Office of the California State Architect, 1982) went into effect. The findings from these investigations indicated that less than 0.1% of reservations for a 12 month period preceding May 1990 were for handicap-accessible rooms. The conclusions of the studies performed by the California and Florida Hotel and Motel Associations are based on the supposition that the number of handicap-accessible rooms should be a direct reflection of the annual demand for such accommodations. In contrast to these findings were the requests made by members of the disability advocacy groups that 10% of rooms be made fully accessible. 

In 1998 the AH&MA commissioned Tri-Data Corporation to study the national incidence of usage of handicap-accessible rooms and the percentage of accessible rooms required under the rules of implementation of ADA. The study included a national representative survey of member properties of AH&MA regarding occupancy of ADA-compliant rooms and a survey of the needs of travelers with disabilities (TWD).  The TWD constituency was represented by the American Council of the Blind, National Association of the Deaf, officials from Gallaudet University, Paralyzed Veterans of America and the Society of Advancement for Travelers with Handicaps (SATH). This survey is summarized in Appendix A. 

The findings of the Tri-Data study support and reflect faithfully the 1990 California and Florida study conclusions in that currently less than 8/10 of 1% of hotel guestroom demand is for accessible rooms.  Further, a subsequent publication by the U.S. Department of Education, �Chartbook On Disability in the United States, 1996,� (#H133D50017) regarding information on the incidence and prevalence of disability conditions, the distribution of disability conditions among the population and characteristics of individuals with disabilities provides further information supporting the Tri-Data study findings.

The minimum of 10% requested in the early 1990s by the disability advocacy groups was far greater than justified by available data and the current ADAAG requirement of at least 4% is likewise extraordinarily high.  No method of determining the percentage of rooms to be allocated as handicap-accessible will assure that enough rooms are available on any given day. Certainly, demand for accessible rooms will exceed supply on some days of the year, just as the demand for ordinary rooms does. As demand will fluctuate from day to day, it is unreasonable to provide sufficient rooms of any sort to meet peak demands. 

The current ADAAG requirement for accessible rooms exceeds the current usage by 400%. Further, the proposed increase to 50% of all guestrooms to be hard-wired for hearing-impaired visual communication features is both excessive and unjustified. 

The position of AH&MA is that no increase in accessible room requirements should be mandated.

A studied review of available research suggests a reduction in the present requirement of accessible rooms could be merited.

The AH&MA would like to highlight the following issues as discussed in our comments:

• AH&MA study finds that 80% of the current number of available accessible guestrooms remain unused by guests with disabilities.

• AH&MA opposes the requirement to increase hearing-impaired guest rooms to 50% of all guest rooms in new and existing hotels and to make all such visual communication devices hard wired. 

• AH&MA recommends that previously improved, existing hotels be exempted from any rule changes and be deemed �equivalent� to new requirements. 

• AH&MA recommends a �regulatory flexibility analysis� be prepared to assess the significant economic impact to small business as mandated by Congress and compliance by the Access Board with the Congressional Fairness Act (CFA), Regulatory Fairness Act (RFA) and Small Business Regulatory Enforcement Fairness Act (SBREFA). 

• AH&MA recommends no change to the maximum parallel unobstructed reach range of 54.� (See Appendix B )

• AH&MA supports a continuation of current requirements regarding access to work areas.

• AH&MA supports a continuation of current requirements regarding accessibility to non-fixed seating and related furnishings.

On behalf of the AH&MA, the AH&MA ADA Task Force and the lodging industry, thank you in advance for consideration of our comments.

Respectfully submitted,

Robert F. Elliott
Vice President, Engineering, Codes and Standards

cc: William P. Fisher, AH&MA CEO