Petition for Inclusive Safety Policies at Fairmont Aquatic Park

Allowing Life Jackets for Individuals with Special Needs (Children & Adults)

We, the undersigned, respectfully call on Fairmont Aquatic Park and its governing body to implement inclusive, medically appropriate safety policies that allow children and adults with special needs to wear life jackets throughout the facility.

Water environments present a significantly increased risk for individuals with disabilities, including—but not limited to—neurological disorders, developmental delays, seizure disorders, intellectual disabilities, sensory impairments, and conditions affecting safety awareness or motor function. For many of these individuals, a life jacket is not optional—it is a necessary safety and medical accommodation that allows them to safely participate in public recreational spaces.

Current restrictions or inconsistent enforcement of flotation device policies create unnecessary and harmful barriers that exclude individuals with disabilities, place them at increased risk, and prevent families and caregivers from safely accessing a public facility intended for community use.

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Legal and Civil Rights Basis

Federal Law – Americans with Disabilities Act (ADA)

Under the Americans with Disabilities Act (ADA):

* 42 U.S.C. § 12182(a) guarantees individuals with disabilities the right to full and equal enjoyment of public accommodations.
* 42 U.S.C. § 12182(b)(1)(A)(i–ii) defines discrimination as denying participation or providing unequal access.
* 42 U.S.C. § 12182(b)(2)(A)(ii) requires reasonable modifications to policies when necessary to ensure access.
* 28 C.F.R. § 36.302(a) mandates that public accommodations must make reasonable modifications to policies, practices, and procedures.

If operated by a municipality:

* 28 C.F.R. § 35.130(b)(7) requires public entities to modify policies to avoid discrimination unless doing so would fundamentally alter the nature of the service.

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State Law – Minnesota Human Rights Act

Under the Minnesota Human Rights Act (MHRA):

* Minn. Stat. § 363A.11 prohibits denial of full and equal enjoyment of a public accommodation based on disability.
* Minn. Stat. § 363A.03 defines both “public accommodation” (including recreational facilities) and “disability,” covering a wide range of physical, sensory, and cognitive conditions affecting both children and adults.

Under Minnesota law, even policies that are neutral on their face may still be unlawful if they result in unequal access or disproportionately exclude individuals with disabilities.

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Legal Position

Denying the use of a life jacket for a child or adult with a documented disability:

* Screens out individuals with disabilities
* Creates unequal access to a public facility
* Fails to provide a reasonable accommodation

This may constitute disability-based discrimination under both federal and Minnesota law.

A properly fitted, Coast Guard-approved life jacket is a minimal, widely accepted safety measure that does not fundamentally alter the nature of a waterpark. Instead, it enhances safety and enables participation.

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Requested Policy Changes

We respectfully call on Fairmont Aquatic Park to:

1. Allow Coast Guard-approved life jackets for individuals with special needs (children and adults) in all appropriate areas.
2. Permit families and caregivers to sign a liability waiver, acknowledging risks when appropriate.
3. Allow voluntary submission of medical documentation supporting the need for flotation accommodations.
4. Train staff in ADA compliance and disability awareness, ensuring respectful, informed, and consistent interactions.
5. Establish and publish clear, inclusive policies that are consistently enforced.

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Argumentative Statement

Preventing individuals with special needs—whether children or adults—from using life jackets is not a neutral safety policy. It is exclusion.

When a simple, widely accepted safety device can prevent drowning, reduce risk, and allow participation, denying access becomes a matter of discrimination, not regulation.

Public facilities have both a legal obligation and a moral responsibility to serve all members of the community. Inclusion cannot exist without accommodation. Safety cannot exist without flexibility.

Policies that fail to accommodate individuals with disabilities send a clear and harmful message—that their safety, dignity, and access matter less.

That is unacceptable.

Allowing structured solutions such as waivers and optional medical documentation provides a reasonable, balanced approach that protects both the facility and the individuals it serves.

This is not about special treatment. This is about equal access, safety, dignity, and the fundamental right of every person—regardless of age or ability—to participate in public life.

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Call to Action

We urge Fairmont Aquatic Park and its governing authority to immediately review and revise current policies to ensure compliance with federal and state disability laws and to create a safe, inclusive environment for all.

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By signing this petition, we stand for safety, inclusion, and equal rights for individuals with disabilities.