ACTION ALERT: Accessibility of Swimming Pools for People with Disabilities

Dear Advocates and Friends of the ADA:

Last week, the Department of Justice Office of Civil Rights issued a notice further postponing implementation of the September 2010 rule that would help ensure accessibility of swimming pools for people with disabilities.  This rule originally gave swimming pool owners until March 15, 2012 to make their pools accessible, but the deadline has now been pushed back to May 21, 2012.

People with disabilities have waited over 21 years since the Americans with Disabilities Act to be able to go swimming with their families and friends in hotel and motel swimming pools.  People with disabilities should not have to go through another tourist season without accessible pools in their hotels!

The Obama Administration is now accepting comments on whether they should delay implementation for another four months to September 17, 2012.

PLEASE TAKE THE FOLLOWING STEPS TO LET THE OBAMA ADMINISTRATION AND CONGRESS KNOW THAT ACCESSIBILITY SHOULD NOT BE DELAYED ANY FURTHER!

1. Submit comments to the Department of Justice at http://www.regulations.gov/#!submitComment;D=DOJ-CRT-2012-0006-0001 on or before April 4, 2012.

2. Send copies of your comments to the Obama administration, especially the following people:

a. White House Chief of Staff Jack Lew – jlew@who.eop.gov

b. White House Deputy Chief of Staff Nancy-Ann DeParle – ndeparle@who.eop.gov

c. Office of Information and Regulatory Affairs Administrator, Cass Sunstein – cass_sunstein@omb.eop.gov

d. Assistant Attorney General for Civil Rights, Thomas Perez – Tom.Perez@usdoj.gov

e. Deputy Director of the Office of Management and Budget, Heather A. Higginbottom, heather_higginbottom@omb.eop.gov

3. Send a copy of your comments to your Congressional delegation.  You can find who your Congressional representatives and Senators are at www.house.gov or www.senate.gov.

SAMPLE LETTER

Dear Attorney General Holder:

I am writing to oppose the Department’s Proposal to extend the compliance date for the Department’s swimming pools, wading pools and spas accessibility requirements.

The effective date for compliance was just extended by the Department to May 21, 2012. Any additional delay would be an unacceptable roll-back of the ADA.

Delaying the effective date of the regulations another six months will mean another summer travel and vacation season where people like myself or other people with disabilities will be denied the opportunity to use pools when they travel for business or on vacations with their families.

Add any personal story about your inability to use pools.

The requirement to remove barriers to accessibility which includes providing access to swimming pools for people with disabilities has been part of the Americans with Disabilities Act since it was passed in 1990. The 2010 ADA Accessibility Standards only provide more detailed rules about how to provide accessibility. The Final Rule was published on September 15, 2010 and gave owners and operators of existing pools eighteen months before the regulations became enforceable.

In most cases, pools can be made accessible through the use of a relatively inexpensive fixed lift. The regulations also allow flexibility for hotels that simply cannot afford to provide fixed lifts.

People with disabilities, like myself, want to have the same opportunity to use public swimming pools just like their family members, friends and peers without disabilities and have been waiting over 22 years. Don’t make me wait any longer.

Sincerely,

[Your name]

Other reasons why this rule should not be delayed past May 21, 2012:

• People with disabilities should have the same access to recreational and exercise opportunities as everyone else.
  
• Backtracking on the ADA is never acceptable.
  
• The requirements of the ADA should not be postponed for one particular type of accommodation.  It sets a bad precedent.
  
• The ADA was signed into law 22 years ago.  Swimming pool owners have had decades to come into compliance.
  
• The Title III regulations have been going through the regulatory process since 2004.
  
• 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 standards.
  
• 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.
  

THANKS!
Bob Joondeph