Justice Department to Force Public Pools to Install ElevatorsNo image available
Justice Department to Force Public Pools to Install Elevators
Made popular 432 days ago in Opinion
weeklystandard.com — The trial lawyers win.

A new regulation from the Justice Department will require “public-access swimming pools across the country to install handicapped-accessible ramps and lifts or face a fine of up to $100,000,” the Hill reports. This regulation could cost “hotels and other organizations . . . to spend up to $9,000 to stay in compliance with the rule.”

The elevators must be permanent structures, not portable ones, though many hotels across the country only realized this “clarification” to the Justice Department’s regulation recently. Hotel operators, especially, are now scrambling to be in compliance.

The regulation itself falls under the Americans with Disabilities Act (ADA).

Some believe the big winner in this new rule is trial lawyers. As the Washington Examiner reports, “the ADA … empowered citizens to sue businesses that are not in compliance with DOJ guidelines.” So any hotel—or public pool operator—not in compliance with the Justice Department’s mandate will possibly face legal action.

As the Examiner reports:

"The enforcement is going to be by litigation," said Kevin Maher, senior vice president of governmental affairs for the American Hotel & Lodging Association. "A lot of drive-by lawsuits against business by law firms that are set up file to file spurious ADA claims."

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Posted by lastbaldeagle
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Who wins in an insane judgement like this?
1. Trial lawyers.
0%
2. liberal democRAT politicians.
12%
3. A couple wheelchair bound individuals that might want to swim.
38%
4. The same few who use the handicapped services that cost so much to comply with.
0%
5. One through four.
38%
Businesses lose which of course does not bother liberals even a little bit.
12%
This is not a scientific survey, click here to learn more. Results may not total 100% due to rounding and voting descrepencies.
User Comments
grandmakdw
Posted 432 days ago
0 up votes, 0 down votes
It's not just business who lose. If anyone challenges our neighborhood association about this we'll have to close our pool, then no one gets to enjoy it.
Gives the regulators pleasure I'm sure to take away fun for the many because the very very very few are unable to join the vast vast vast majority. A sign of what liberals think is fair, if one person in the world can't do something then regulate it away so one one on earth can do it either.
grandmakdw
Posted 432 days ago
0 up votes, 0 down votes
Looks like we'll be closing our neighborhood association pool. Looks like most pools around the nation will be closing. With our current economy, most pools won't be able to afford these permanent accommodations and will shut down.
We all lose.
Liberals love to take joy from the vast vast vast majority, because it is not fair to a teeny tiny teensie minority. I think liberals love to suck joy out of the world because 1 in one million can't do something.
Free
Posted 432 days ago
0 up votes, 0 down votes
We'll stick to the question, and the answer is 35 million handicapped Americans and their families.

When municipalities had an issue with the diving board, they retrofitted the pool to handle the depth.

Shame on you all.

Vetrans are the biggest benefactors of these laws.
grandmakdw
Posted 432 days ago
0 up votes, 0 down votes
Free: Check your stats, this is from www.newdisability.com:

Number of Wheelchair Users In The USA
The US census estimates that in 2002 in the USA there were 2.7 million wheelchair users 15 years and older and 121,000 wheelchair users under 15 years of age (based on their estimate of 0.2% of 60.6 million children under 15 years of age.). This is a total of over 2.8 million U.S. wheelchair users. From a population of 300 million this is just under 1%.

My comment: out of this 1% of the population at least 1/2 should be able to get in and out of a pool with a person assisting them and don't need the lift. I am probably overestimating. So we are talking about .05% of the population. But I'll agree to go with the just under 1%.

This rule WILL guarantee the closing of thousands if not more public pools in the US because 100% of public pools in the US must be prepared to serve less than 1% of the population.

This is pure insanity. I can see it being required of every hospital pool or therapy pool in america, but not recreational pools in cities that are barely paying teachers, and not neighborhood pools where people are having trouble paying the mortgage let alone the association fees.
Free
Posted 431 days ago
0 up votes, 0 down votes
Here are the Census numbers.

http://www.census.gov/newsroom/releases/archives/facts_for_features_special_editions/cb10-ff13.html

http://www.census.gov/population/www/pop-profile/disabil.html
lastbaldeagle
Posted 431 days ago
0 up votes, 0 down votes
Pool-mageddon avoided — for now

The Justice Department on Thursday issued a 60-day stay of execution for hundreds of thousands of public pools which had been required to install ramps and wheelchair lifts by today or else face lawsuits over violating disability laws.

President Obama in 2010 dramatically expanded the rules for access under the Americans with Disabilities Act, and the new regulations mean that every publicly accessible pool — from municipal facilities to hotels — must have two "accessible means of entry," at least one of which must be a ramp or wheelchair lift. Spas must also have either a lift or a transfer system to help the disabled enter them, under the new rules.

Under the law, non-compliant facilities can be sued — and some lawmakers feared a bonanza for lawyers eager to capitalize.

The impending situation was labeled "pool-mageddon" by opponents, who said there aren't even enough lifts available in the U.S. to make every pool accessible.
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