• Welcome to The Building Code Forum

    Your premier resource for building code knowledge.

    This forum remains free to the public thanks to the generous support of our Sawhorse Members and Corporate Sponsors. Their contributions help keep this community thriving and accessible.

    Want enhanced access to expert discussions and exclusive features? Learn more about the benefits here.

    Ready to upgrade? Log in and upgrade now.

Tell Congress not to chip away at the ADA!

mark handler

SAWHORSE
Joined
Oct 25, 2009
Messages
11,892
Location
So. CA
Tell Congress not to chip away at the ADA!

http://www.disablednyc.com/showthread.php?p=2328

--------------------------------------------------------------------------------

Tell Congress not to chip away at the ADA!

On March 16, Representative David Schweikert (R-AZ) introduced H.R. 4200, “To Amend the Americans with Disabilities Act (ADA) of 1990”. On March 26, Representative Mick Mulvaney (R-SC) introduced H.R. 4256, “The Pool Safety and Accessibility for Everyone (pool SAFE) Act”. These bills will prevent the Department of Justice from enforcing its own regulations and keep public pools from being accessible as required by the ADA.

That's right-21 years after the ADA we could see our rights rolled back.

We need to act today.

The House Judiciary Subcommittee on The Constitution has scheduled a hearing to discuss this legislation.

When: Tuesday, April 24, 2012

Time: 4:30pm EST

Room: 2141 Rayburn House Office Building

Take Action:

Come to the hearing and show your support!

Contact your representative: Find the representative for your district and call their office or click on their contact form to submit a letter online. In your letter, identify yourself as a constituent and urge your senator / representative to “Please do not support H.R. 4200 or H.R. 4256. These bills would cut back the ADA and block our right to accessible pools.”

If your representative is a co-sponsor on either of these bills call them today and ask them to remove their name as a co-sponsor! Find out if your representative is a co-sponsor here.

Here's what your representatives need to know:

Swimming pools are not a luxury; they are part of American life. Every family deserves the chance to enjoy vacations together without leaving a child, spouse, or parent behind just because they have a disability.

People with disabilities have the same rights as everyone else to use swimming pools.

Backtracking on the ADA is never acceptable.We cannot roll back civil rights for any group.

The ADA was signed into law 21 years ago. Swimming pool owners have had decades to come into compliance.

The final regulation language and the accessibility standards have been out since September 2010, so the pool owners have had 18 months to comply with those specific

The regulations are subject to an "undue burden" defense, so any hotel or pool owner that cannot afford to come into compliance need not do so immediately.
 
A government big enough to give you everything you want is big enough to take it away.
 
mtlogcabin said:
I thought the portable lifts where compliant for decades. Am I wrong?
They were allowed, as a temporary feature, so what happened, wouldn’t happen.

Most Hotels have had twenty years to comply.
 
= = =



"Swimming pools are not a luxury; they are part of American life."
IMO, while [some ] may believe that swimming pools are not a luxury, I for one,

do not believe that they are a basic necessity or requirement.

If someone decides that they can afford a swimming pool, I'm thinking that they

can also afford [ all of ] the associated costs.

$ $ $
 
As I understand it, the complaint being made is that the lifts are being abused by rambunctious kids in a dangerous fashion.

"Marco." "Polo." (hoist-hoist-hoist). "Fish outta water."

As a kid, I used and abused diving boards in many diverse (divers?) ways, so it's not farfetched to imagine something with a sling and a hoist being treated like a toy by all manner of guests.

Having said that, is there statistical or anecdotal evidence this misuse is an actual problem, or is this just a smokescreen issue for those who simply don't want to buy an assistive entry device?
 
mark handler said:
Tell Congress not to chip away at the ADA! http://www.disablednyc.com/showthread.php?p=2328

--------------------------------------------------------------------------------

Tell Congress not to chip away at the ADA!

On March 16, Representative David Schweikert (R-AZ) introduced H.R. 4200, “To Amend the Americans with Disabilities Act (ADA) of 1990”. On March 26, Representative Mick Mulvaney (R-SC) introduced H.R. 4256, “The Pool Safety and Accessibility for Everyone (pool SAFE) Act”. These bills will prevent the Department of Justice from enforcing its own regulations and keep public pools from being accessible as required by the ADA.

That's right-21 years after the ADA we could see our rights rolled back.

We need to act today.

The House Judiciary Subcommittee on The Constitution has scheduled a hearing to discuss this legislation.

When: Tuesday, April 24, 2012

Time: 4:30pm EST

Room: 2141 Rayburn House Office Building

Take Action:

Come to the hearing and show your support!

Contact your representative: Find the representative for your district and call their office or click on their contact form to submit a letter online. In your letter, identify yourself as a constituent and urge your senator / representative to “Please do not support H.R. 4200 or H.R. 4256. These bills would cut back the ADA and block our right to accessible pools.”

If your representative is a co-sponsor on either of these bills call them today and ask them to remove their name as a co-sponsor! Find out if your representative is a co-sponsor here.

Here's what your representatives need to know:

Swimming pools are not a luxury; they are part of American life. Every family deserves the chance to enjoy vacations together without leaving a child, spouse, or parent behind just because they have a disability.

People with disabilities have the same rights as everyone else to use swimming pools.

Backtracking on the ADA is never acceptable.We cannot roll back civil rights for any group.

The ADA was signed into law 21 years ago. Swimming pool owners have had decades to come into compliance.

The final regulation language and the accessibility standards have been out since September 2010, so the pool owners have had 18 months to comply with those specific

The regulations are subject to an "undue burden" defense, so any hotel or pool owner that cannot afford to come into compliance need not do so immediately.
Conversely, realizing that the current regulations will require a permanently installed lift at every water feature. How many of you have seen a public pool facility with a pool, a kiddy pool and one or two spa pools? Now imagine lifts permanently bolted to the decks at each one. How many kids are going to be injured running into them? Been there, spent more than a few years lifeguarding, kids do run at pools.

I'm not arguing against the handicapped or their rights but I'm wondering how far this stuff can be taken? Why can't portable lifts be allowed?

I urge you to support the two bills that Mark referred to above.

Please read "Player Piano"

NorthStar,

You said: "If someone decides that they can afford a swimming pool, I'm thinking that they

can also afford [ all of ] the associated costs."

You assume that permanently installed lifts at each water feature are an associated cost?!? How about water slides?!? Shall we mandate elevators to access the launch point? Monitors to catch at the landing and lifts to seal in the fun memories?

Permanently installed lifts are unfunded government mandated expenses and liabilities.

Bill
 
Last edited by a moderator:
U.S. House of Representatives Committee on the Judiciary

Hearing Information

Hearing on: The Department of Justice's Guidance on Access to Pools and Spas Under the ADA

Tuesday 4/24/2012 - 4:30 p.m.

2141 Rayburn House Office Building

Subcommittee on the Constitution

By Direction of the Chairman

Webcast

http://judiciary.edgeboss.net/wmedia/judiciary/constitution/const04242012.wvx

Witness List

Hemant D. Patel

Chairman

Asian American Hotel Owners Association

Christa Bucks Camacho

Senior Executive Service Candidate Development Program

Social Security Administration

Ann Cody

Director, Policy and Global Outreach

BlazeSports America

Minh N. Vu

Partner

Seyfarth Shaw LLP
 
Back
Top