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IS YOUR GOLF CLUB ADA ACCESSIBLE? This 2008 information could have an effect on all Clubs that allow nonmember usage of the golf course! Federal Register / Vol 73, No. 117/ Tuesday, June 17, 2008 Proposed Rules Department of Justice 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilties * * * Accessible golf cars. Question six of the ANPRM asked whether golf courses should be required to make at least one, and possibly two, specialized golf cars available for the use of individuals with disabilities with no greater advance notice than that required of other golfers. The ANPRM also asked about the safety of such cars and their potential for damaging golf course greens. Accessible golf cars are designed for use by individuals with mobility disabilities and are operated using hand controls. An individual with a disability can hit a golf ball while remaining in the seat of an accessible golf car. Some accessible golf cars have a swivel, elevated seat that allows the golfer to play from a semi-standing position. Accessible golf cars can be used by individuals without disabilities as well. The Department received many comments on the subject of accessible golf cars (approximately one quarter of all comments received), the majority of which favored a requirement for accessible golf cars. However, the Department has decided not to add a regulation specifically addressing accessible golf cars at this time. Comments in support of requiring courses to provide accessible golf cars came from individuals both with and without disabilities. These commenters generally supported having one, two, or multiple cars per course. A number of comments stressed the social aspect of golf, generally, and its specific importance in many business transactions. Most commenters believed that no advance notice should be required to reserve an accessible golf car. Some golf course owners argued that a requirement for advance reservation of an accessible golf car might allow them to develop pooling arrangements with other courses. In response to the Department’s questions regarding the safety of accessible golf cars, most commenters stated that the accessible cars are safe, do not damage the greens, and speed up the pace of play. Some commenters expressed concern about the safety of accessible golf cars, arguing either that the cars should pass the American National Standards Institute (ANSI) standards for traditional golf cars,2 or that accessible cars should not be required until there are applicable safety standards. Comments from golf courses with experience in providing accessible golf cars were generally positive in terms of the cars’ safety and the impact on maintenance of the greens and the course. As the Department requested, the public also addressed the issue of whether a golf course that does not provide standard golf cars should offer accessible cars. One commenter explained that the courses that do not provide golf cars are often shorter length courses, such as ‘‘executive’’ or ninehole courses, and that individuals with disabilities who are learning to play golf, or who might not have the stamina to play eighteen holes, would be more likely to use these courses. Thus, accessible golf cars should be available at these courses. This commenter pointed out that one executive course that had no traditional—but two accessible—cars made money on the single-user cars because individuals with and without disabilities wanted to use them. The Department also received comments opposing a requirement to provide accessible golf cars from some golf course owners, associations, and individuals. Those opposing such a requirement argued that there was little demand for accessible golf cars, or that the problem could be solved by putting ‘‘medical flags’’ on traditional golf cars. Such flags might identify cars that were permitted to have wider use of the course. Other commenters stated that accessible golf cars were too expensive or were specialized equipment that individuals with disabilities should purchase for themselves. Like some individuals with disabilities, some commenters who opposed a requirement for accessible golf cars also expressed concern about the lack of safety standards. There were also concerns that repair costs for greens or for accessible golf cars would be more significant than with traditional golf cars. One commenter suggested that courses exceeding certain slope and degree standards be exempted from having single-user cars. Others argued that, in practice, the safety issue and the issue of damage to courses are negligible. The Department has decided not to add a regulation specifically addressing accessible golf cars at this time. As with free-standing equipment, the Department believes that the existing regulation is adequate to address this issue. The Department may gain additional guidance in the future from the experience of the Department of Defense, which is planning to provide two accessible golf cars at each of the 174 golf courses that the Department of Defense operates, except those at which it would be unsafe to operate such golf cars because of the terrain of the course. See U.S. Department of Defense, Report to Congress: Access of Disabled Persons to Morale, Recreation, and Welfare (MRW) Facilities and Activities (Sept. 25, 2007).
February 2, 2008 E-mail from Rich Thesing of Mobility Golf "We just received a well reasoned, 32 page Order from Federal District Judge Hamilton finding that Marriott¹s refusal to provide accessible golf carts is a violation of the ADA. The next step is for the Judge to issue an order specifying what Marriott must do to comply, i.e., define the minimum requirements of an ³accessible golf cart² and determine the number of carts per course. A settlement hearing is scheduled for February 14, 2008 to see if the parties can agree. If not, the Judge will issue a ruling. The essence of the Judge¹s Order is: "Marriott's current policy does not provide plaintiffs, mobility-impaired golfers, with an experience that is functionally equivalent to that of other non-disabled golfers. Plaintiffs here have presented overwhelming evidence that they are unable to golf at Marriott's courses under the current policy. By contrast, non-disabled golfers can simply show up at the course and Marriott will provide them with a functional cart as part of the cost of their round of golf. Accordingly, Marriott provides golf carts for able-bodied golfers, but does not provide accessible carts for mobility-impaired golfers like plaintiffs. Because Marriott's policy places plaintiffs in a distinctly unequal situation, as compared to their able-bodied counterparts, it is discriminatory under the ADA." The full text is at www.mobilitygolf.com. This decision is a extremely important step in our effort to make all golf courses accessible." Rich Thesing Additional ADA Information Accessibility Issues have come to the attention of the Club Industry. Whether it is making the golf course, exercise facility or the dining room accessible, there is a large segment of the population that could benefit from a Club's attention to details. Below are several Web sites that can be accessed to learn more about these issues.
Our firm is committed to making the lives of individuals with disabilities as full as possible by ways such as being a puppy raiser of service dogs for CCI, assisting in disability charities and being involved with NAAG.
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