DOJ issues final ADA accessibility regulations
What do they mean for your facility?
In late July, during the 20th anniversary celebration of the Americans with Disabilities Act, President Obama announced that the United States Department of Justice had issued final regulations revising Title II and III, including the ADA Standards for Accessible Design. These regulations will be published in the Federal Register, and the final rules, fact sheets and analysis are available on the DOJ Web site (www.ada.gov/regs2010/ADAregs2010.htm).
Facility owners will be impacted by several clarifications that were made in the final regulations, including: area of path of travel on the golf facility, access to and from rest rooms, use of service animals, ticketing for events, and accessibility by wheelchairs and other power-driven mobility devices. The rules take effect six months after publication in the Federal Register, and compliance with the 2010 standards will be required for new construction and alterations within 18 months of publication.
In addition to updated regulations for new or altered facilities or structures, the rule includes a general “safe harbor” for structures that were built or altered to comply with the 1991 standards. This provision would exempt elements from the 2010 standards until they undergo any future alterations. Similar safe harbors were adopted for elements associated with the “path of travel” to an altered area.
While the issue of accessible golf cars was not addressed in the updated standards, course owners are encouraged to provide access with an accessible cart either through “pooling” (i.e., car sharing with other facilities) or chauffeuring. Operators who choose to provide an accessible golf car should pay special attention to vehicle operator safety, as no ANSI safety standards have been issued for accessible golf cars.
- Upon notification, a senior partner/owner/operator should call the individual and invite him/her to come and play, and apologize for any inconvenience they encountered EVEN if the guest never called.
- Take a reservation, in accordance with your current policy, to ensure that you have a time reserved for them.
- Prior to calling the prospective litigant, arrange access to an accessible golf cart. Visit http://www.accessgolf.org/ to locate a course in your area with an accessible golf cart. Arrange to have this cart at your course prior to the arrival of the individual with a disability. NOTE: It is also a good idea to read the “Toolkit for Owners and Operators” (http://www.accessgolf.org/resources/toolkit_owners.cfm), an excellent question-and-answer resource.
- The golf car rental fee must be the same as you would charge any other guest playing at your facility.
- Prior to the guest’s arrival, ride your course in a golf car or wheel chair to determine if you have mobile access to all teeing areas and fairways.
- Upon arrival, this guest should be treated with the same high level of customer service that any other guest would receive. Be sure to ask if they would share their comments regarding the golf course after their round.
Course owners searching for a more permanent solution but not in a position to purchase an accessible golf car should consider hand controls for traditional golf cars. Visit http://www.ngcoabuyersguide.com/ and look under the product showcase for SureGrip to learn more.
For a series of best practices to serve individuals with disabilities, visit http://www.accessgolf.org/ or contact Mike Tinkey at the National Golf Course Owners Association at mtinkey@ngcoa.org.
The NGCOA is not providing legal advice and recommends that you contact counsel for legal guidance.
WHERE TO LEARN MORE
National
Center on Accessibility
Modification
to Rules of Golf for Golfers with
Disabilities
USGA
Resource Center for Individuals with
Disabilities
LEGISLATIVE INFORMATION
Proposed
New Regulations
Federal
Court Ruling on Golf Accessibility
Dept of Justice ADA
Home Page
National
Park Service Handbook for
Accessibility
RELATED RESOURCES
NGCOA
Letter to Department of Justice
Americans
with Disabilities Act
ADA
Accessibility GuidelinesAccessibility
Toolkit for Course Owners
Model
Policy for Golf Car Use by Individuals with
Disabilities Covered by the ADA
Disabled
Dilemma, Golf Business magazine, August
2005
Accessibility
Answers:, Golf Course Management - March
1999
Add
Your Course to USGA’s Accessible Course
Database
Promoting
Opportunities for People with Disabilities to
Play Golf