Under DOJ the 18,000 US golf course must comply with ADA regulation and provide ADA compliance Single Rider Golf carts
ADA took on added relevance for golf courses and their owners. The big question: Are courses required by law to provide accessible golf cars
The ADA already requires golf courses to provide accessible golf cars for use by people with disabilities through, at a minimum, its general non-discrimination requirements. Public and private entities that operate golf courses are required to engage in a considered process to provide accessible golf cars.
It should also be noted that the Department of Interior (DOI) has been designated by regulation as the federal agency with authority to interpret Title II access to golf courses. 28 CFR 35:190(b)(5) For over a decade, DOI has informed the public that a public golf course which provides golf cars on a rental basis must also make accessible golf cars available for rent, stating that the provisions of accessible golf cars is a required reasonable modification.
Also, the National Defense Authorization Act of 2007 contained a provision requiring the Department of Defense to report to Congress as to whether it was required to make its recreational facilities accessible to people with disabilities. The Defense Department then issued a Report to Congress acknowledging that it was required to do so, and stated that it would purchase or lease two accessible golf cars for each of its courses.
The U.S. Federal District Court, northern district of California, has issued a ruling that could require Marriott International Inc. to provide accessible golf cars for disabled golfers.
Marriott’s Golf division, which operates 26 golf courses in the US, said it was not required by current Americans with Disabilities Act rules to maintain single-rider cars.
Judge Phyllis J. Hamilton in a summary judgment wrote:
“The Court declares that Marriott violated the ADA, and for those courses which Marriott owns and operates in California, the California Disabled Persons Act, and the Unruh Act as well, by failing to provide accessible golf carts as a reasonable accommodation for plaintiffs’ mobility impairments.”
The plaintiffs in the case are Laurence Celano and Richard Thesing, both residents of California, and Bill Hefferon, of Florida. All three plaintiffs say they require a single-rider car to play golf. Their suit alleges that Marriott’s policies prevented them from playing the company’s golf courses.
The court declined to offer injunctive relief at this time, but under separate order, will set a settlement conference to permit the parties to address the scope of such relief.
The NGCOA will provide updates when the outcomes of the settlement are made public.
For more information contact: Mike Tinkey, NGCOA Deputy CEO 843-881-9956 #206