Tuesday, April 3, 2012

ARC Opposes Roll-Back of ADA Requirements on Pool Accessibility

Oppose Roll-Back of ADA Requirements

Take Action!

The Arc opposes the Department of Justice’s notice of proposed rulemaking which would delay implementation of the 2010 ADA Standards for Accessible Design.  The Department of Justice extended a March 15 due date for existing swimming pools, wading pools, and spas to be accessible to people with disabilities to May 21, 2012.  Now, DOJ wants to extend the timeline for six more months. 

The requirement to remove barriers to accessibility, including providing access to swimming pools for people with disabilities, has been part of the statutory requirement under the ADA since its passage in 1990. The 2010 ADA Accessibility Standards only provide more detailed specifications on how to provide accessibility.  The process for developing the accessibility guidelines has been a lengthy process with numerous opportunities for all interested parties to have input.  All parties have been on notice since September 15, 2010, when the rules were published, that compliance would be required in March 2012.

DOJ’s proposed delay represents a roll back of ADA requirements and sets a very bad precedent.  The ADA was passed 22 years ago.  Why would any business, restaurant, stores, or hotels need additional time to obey the law? 

The groups that represent hotels and other places of lodging are waging a very strong advocacy campaign in support of DOJ’s plan to extend the timeline for making swimming facilities accessible.  DOJ needs to hear from people who oppose giving places more time to provide access to everyone.

To submit a comment to DOJ, go to: http://www.regulations.gov/#!submitComment;D=DOJ-CRT-2012-0006-0001

Sample language:

I am writing to oppose the Department's proposal to extend the date for existing swimming pools, wading pools, and spas to be accessible for people with disabilities.

The effective date for compliance has already been extended by the Department to May 21, 2012. The extension is sufficient, especially since the Department issued the final rule regarding accessibility of public accommodations in September 2010.

Postponing the compliance date for these regulations further would be an unacceptable roll-back of ADA accessibility standards and regulations.

https://lawprofessors.typepad.com/elder_law/2012/04/arc-opposes-roll-back-of-ada-requirements-on-pool-accessibility.html

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