Rulings on ADA Filing Rights

 by: Lala C. Ballatan

One of the major issues on a democratic country is the discrimination of a person on the basis of disability. A "disability" is a permanent physical or mental impairment (like sight, hearing, speech, walking, breathing, motor skills, but not temporary sprains, breaks, or diseases) that substantially limits any major life activities, including learning, recreation and working. Under the Americans with Disabilities (ADA) of 1990, more than 43 million Americans qualify as “disabled”, as noted by the Forbes Magazine.

The ADA was adopted to remove the barriers that have prevented society from benefiting from the participation and contributions of individuals with disabilities. Many states have also adopted and enforce versions of the federal ADA. The ADA replaced a collection of “barrier-free site design” initiatives making disables access to employment, goods and/or services on an equal basis with the rest of the general public, a civil right.

Now, regarding to Walter Olson’s post at http://www.overlawyered.com/archives/cat_disabled_rights.html on March 4, 2005, he had noted a series of scenarios and news bulletin which may cause a disabled golfer to file a complaint with regards to non-compliance with ADA rulings – in relation with accommodating disabled persons in the golf clubs/areas. Olson may have been concerned or bothered at the following concerns:

• Says Robert Trent Jones Golf Trail in Tuscaloosa won't provide free golf carts.

• The National Golf Course Owners Association maintains a page on ADA issues and compliance.

• At Cybergolf, Jeffrey D. Brauer ("Must golf courses accommodate wheelchair golfers?" undated) discusses the impact of wheelchair-access regulation on golf course design: "The golf industry at first feared that ADA might outlaw contoured greens and fairways, and possibly sand bunkers, to achieve disabled access.

Well all I can say is that, didn’t they know that golf courses, including most private clubs, must provide a wide variety of disabled individuals with “reasonable accommodation”? And reasonable accommodation is defined as one that does not present an undue burden or alter the fundamental nature of the activity.

Through complaints and litigation, golf facilities must:

• Allow wheelchair access anywhere carts are permitted, with similar limitations regarding specific weather conditions

• Erect rope barriers that don't eliminate access, but mildly inconveniencing disabled golfers is permissible.

• Provide access to all courses, not just one, at multiple-course facilities

• Make all new and renovation work ADA-compliant, but there is no reconstruction required solely to satisfy ADA.

• Make parking lots, practice facilities and buildings accessible. This has affected parking lots, walkways and two-story clubhouses, which often require an elevator to accommodate any job needing access to both floors.

Now if you will be setting up a golf club that took you a lot of worth and money, you must consider all options in setting it up. Would you risk investing more to accommodate even disabled persons or risk your reputation because of your non-compliance with ADA rulings and having wheelchair-bound golfers sue you for discrimination. Think that over, folks.