To Inform or Not to Inform? That is the Question


Sheri Denkensohn-Trott

Q. I am a low-level quadriplegic who needs assistance in certain activities that require upper body strength. Recently, my family took a trip to Florida, where we saw an advertisement for a local snorkeling outfit. My wife, our two teenage children and I drove to the shop at the time listed for the afternoon trip.

When we arrived, other people were purchasing tickets and getting their gear. Some were already on the boat. My wife went to the counter to buy our tickets, and the attendant immediately called the boat captain. He told us we could not go out that day and said we should have called in advance about my disability. I assured him my family knew how to handle my spinal cord injury without special treatment. He called his boss and then gruffly repeated that we had to come back another time and must call in advance. It was humiliating to have this loud discussion while others were present. I was outraged because my family knows how to assist me. Additionally, since all patrons sign a waiver of liability before going out on the boat, why was I singled out?

How should I have addressed this situation in the moment? And is legal recourse appropriate because I was excluded based on my SCI?

A. “That’s discrimination,” says Cody Unser, founder of the Cody Unser First Step Foundation, and one of the leading advocates for accessible scuba diving. “It’s not surprising, but it really should not have happened at all.”

While certain water sports, like scuba diving, have rigorous requirements for certification for all participants regardless of disability, snorkeling, which is much simpler and less dangerous, generally does not. If you wanted to go snorkeling on your own, you could roll down to Walmart, buy some gear and get started.

The operators may have been leery of taking you out because of unique, complicating factors, but that doesn’t excuse their behavior. “This happens a lot in scuba diving, too,” says Unser. Some scuba operators can be intimidated when someone with a disability comes into their shop, “but there’s usually a way to figure it out.”

As many businesses that offer snorkeling also offer scuba, Unser recommends checking the operator’s certifications and reporting their behavior to the appropriate governing bodies. The leading certifiers are Scuba Schools Interactive, Professional Association of Diving Instructors and National Association of Underwater Instructors.

“If you want to go snorkeling on your own, you can roll down to Walmart, buy some gear and get started.”

Reporting them may not help you in the moment, but it might prevent someone else from being discriminated against. The best advice for avoiding the situation in the future is to call ahead and inquire about any special requirements for people with disabilities. Ideally, such action should not be necessary — and one could argue it is discriminatory to single out individuals with disabilities — but proactive notice can prevent them from being caught off-guard. There might also be logistical reasons for advance notice to the company. In your situation, the outfitter may want to ensure sufficient space for your entire family to snorkel together in the same outing.

If you call and are assured there are no special procedures for individuals with disabilities (and nothing written exists), but upon arrival are told that you cannot participate, make sure to get the names of the employee who barred you from participating. Then, if possible, file a complaint with the higher-ups.

When considering legal action, remember the time and cost of such an endeavor. Only you can decide if pursuing what is likely to be a small settlement at best is worth it. As an alternative, consider sharing an account of your incident on social media and online reviews. Sunlight, as they say, is the best disinfectant.


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