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Rulings on ADA Filing Rights




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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 Olsons 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

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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, didnt 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.



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For additional Information about the articles you may visit

http://www.wheelchairspower.com



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