News

Last Update :1/21/2011

ADA Legislation Before the Department of Justice

Special Notice in cooperation with the PGA of America and Allied Associations

ADA Legislation Before the Department of Justice
We need your help!

From PGA Government Relations Team

As it currently stands, the Americans with Disabilities Act does not require golf facility operators to own or provide access to an accessible cart, although the industry has long encouraged golf courses to do just that either through "pooling" (i.e., car sharing with other facilities) or chauffeuring. As many of you know, the Department of Justice is now considering regulations that would require course operators who provide standard cars, when replacing or acquiring additional standard vehicles, to provide accessible golf cars for use by individuals with disabilities.

We have worked as an industry to submit responses and participate in hearings throughout the country regarding this proposed regulation. We are now asking for your help to ensure that we not only have quality submissions to the DOJ but also a large quantity. The final deadline to submit written comments to the Department of Justice is coming this coming Monday, January 24th.

The PGA, along with others in the golf industry, feel that mandating accessible golf cars is a solution in search of a problem. The golf industry is committed to accommodating individuals in need and is already addressing access through a variety of options, including use of traditional golf cars, pooling, and programs that do not require any equipment.

Please take a few moments to share your story to ensure that any new legislation reflects reality. Research shows that most facilities which have offered and proactively promoted access to these vehicles receive none to very few requests for the units from golfers with disabilities. We have found the most disabled individuals prefer to use a traditional golf car with access to tees and greens. The DOJ needs to hear these real-world experiences before issuing blanket rulings that could impact the entire industry.

The DOJ has asked for feedback on the following questions:

Question 14. What is the most effective means of addressing the needs of golfers with mobility disabilities? Are golf cars currently available that are readily adaptable for the addition of hand controls and swivel seats? If so, are those cars suitable for driving on greens? To what extent are accessible golf cars of all types stable, lightweight, and moderately priced?

Question 15. What are appropriate scoping requirements for accessible golf cars? Should the criteria used to determine scoping stem from factors including the number of golf course patrons, the number of golfing holes (e.g. nine, 18, or 27) at the facility, the number of inaccessible golf cars in use, or other criteria? Should each 18-hole course be required to provide a certain number of accessible golf cars?

Question 23. The Department seeks input regarding the impact the measures being contemplated by the Department with regard to accessible equipment and furniture will have on small entities if adopted by the Department. The Department encourages you to include any cost data on the potential economic impact on small entities with your response.

Question 24. Are there alternatives that the Department can adopt, which were not previously discussed, that will alleviate the burden on small entities? Should there be different compliance requirements or timetables for small entities that take into account the resources available to small entities or should the Department adopt an exemption for certain or all small entities from coverage of the rule, in whole or in part. Please provide as much detail as possible in your response.

Instructions to submit a statement can be found here:
http://www.ada.gov/anprm2010/anprm2010_comment.htm  

To submit electronically please click here:
Equipment and Furniture (CRT Docket No. 113)

Please contact us should you have any questions. We look forward to seeing you at the Merchandise Show.

Thank you for any assistance in our final push!

Shannon Boozman
PGA of America
SBoozman@pgahq.com  


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