Public golf courses and the ADA collided this past December.
In a landmark settlement in December, 2002, the city of Indianapolis agreed to a settlement with US Department of Justice to make necessary changes at all twelve of their municipal golf courses to comply with the requirements of Title II of the American Disability Act (ADA). This precedent setting agreement is a 'hammer' on the enforcement intent of the Department of Justice.
Here is a direct quote from the United State Attorney in the case:
"Ensuring equal access to the services, programs and activities offered by public entities, such as the City of Indianapolis, is an important priority for the Justice Department. This agreement demonstrates our commitment to working with local government, as well as private businesses and associations, to open up opportunities for people with disabilities, and to further integrate them into activities enjoyed by the public at large."
With this settlement the writing is no longer 'on the wall'; it is 'set in concrete'. Public or semi-public golf courses are in immediate jeopardy if they have not begun to comply with ADA. Some courses have been waiting for a 'test case'. Well, that has happened.
Here's how the process works: Congress passes the law (they did, ADA), the Office of Budget and Management rules if the law puts an unfair economic burden on anyone (they ruled it did not), and the Justice Department then enforces the law (that happened in Indianapolis).
So if a disabled person, capable of playing golf with the right supporting 'aids', comes into your Pro Shop and says he/she wants to play golf and you do not or cannot comply, you are wide open for a big time lawsuit. You'll quickly attract many organizations dedicated to fairness, equality and anti-discrimination that will make the lawsuit longer, costlier, nastier and YOU WILL LOSE in the end.
This brings us to our long-time coverage of the development of ADA golf cars. Each of the three major golf car companies has associated with an ADA golf car company. We continually ask the CEOs what their position is on ADA vehicles and each always responds to the effect, "It is the RIGHT thing to do", which of course, is the 'right' answer.
The 1-Pass, manufactutered by Club Car.
When you read our interviews with the major golf car manufacturer's CEOs, you will see the re-occurring theme that the entire golf industry needs to "GROW GOLF". Well it seems to us that there is a pool of potential golfers out there in disabled persons who would grow the game if they had an opportunity. As a matter of fact, there are at least 7 million of them. But to play these people need a little help and that help comes in the form of accessible tees, fairways and greens and a vehicle to get them around.
The answer is a no-brainer. Adapting the courses is not a major expense. And great vehicles ARE available at reasonable prices. But many courses are reluctant to provide these access vehicles because they don't understand the concept. Lets try to dispel some myths and misconceptions:
- Handicapped or disabled golfers will slow play.
If a disabled person already knows how to play golf, the play is faster because of how quickly the ball can be accessed. If the disabled is a 'duffer', treat him like any other duffer. See if lessons are appropriate or schedule them to play at less crowded times. - ADA vehicles will damage the greens.
The footprint of the AteeA SoloRider is less per square inch than an average man's shoe. Roll this vehicle over the green and you can't even see in indentation from the tires. - I'm wasting valuable capital having those vehicles sit in the cart barn when I never have a any handicapped people wanting to play.
Why would a handicapped person want to play at your course if they knew that no ADA golf vehicles were available? Also, if you put it in the cart barn you'd be foolish. The ADA vehicle is perfectly useable for, say a three-some, or for the ranger, single players and other uses. Disabled golfers would, of course, set up a tee time so you would know when to have that car back. In the meantime, it would be making money for you. - An ADA vehicle is too expensive; why should I spend that money?
It's much less expensive than a lawsuit. If your golf course is open to the public, then you must abide by Title III of the American Disability Act. Try contacting the city of Indianapolis and ask them if the Justice Department is serious about enforcing ADA. Compliance with the law is far less expensive than a suit, and besides, - as all the CEOs say - "It's the right thing to do."
Yamaha's AteeA ADA car.
- The National Golf Course Owners Association
Their home page has an ADA section, but you can't access it unless you are a NGCOA member. - PGA
The PGA has a section on ADA but it mostly covers who you must hire and who you don't have to hire if they are disabled. Nothing much on growing the game of golf by ENCOURAGING the disabled to play. - USGA
The USGA website has a section called, 'Foundations', and under that is a section called USGA Resource Center of Individuals with Disabilities. When you get there USGA has a good coverage of ADA issues. They report on a series of Forums on golf for the disabled, although we couldn't find one more recent that 2001. They mention a survey that was mailed to some 1,100 disabled persons with some interesting results: - 10% Presently Play Golf
- 41% Were not aware of an ADA program for golf
- 71% Were not aware that there are assistive devices to play golf (e.g. single rider golf cars)
- 22% Played golf before their disability, but have not played since.
- 35% Were interested in playing golf.
- 42% Play or would be interested in playing golf.
These are interesting statistics. The National Golf Foundation (NGF) says there are 54 million disabled in America. Of course many of these disabled people would never be able to play golf because of the severity of their disabilities. But NGF also says that 7.4 Million use mobility devices (canes, crutches, wheel chairs, etc) so these people can get around and presumably could play golf if they wanted to.
So take the 42% who do or are interested in playing golf and multiply times these able 7.4 million and you get some 3.1 million new golfers. Now say, they average two rounds per month, that's 74.6 million new rounds of golf added each year. How's that for 'Growing Golf?'
The Eagle, distributed E-Z-GO.
Most all of the National Golf Organizations are in some way involved with ADA programs, but it doesn't really seem to be on the front burner. The statistic that we quoted above came from Forum VI that was listed on the USGA website. This Forum was sponsored by USGA, PGA, CMAA, GCSAA and NGCOA. So a lot of big names are 'in there'.
As some speakers said in the Forum VI, " if 50 million disabled decided to play golf, the courses would be unprepared to accommodate them."
Much work needs to be done and the 'word' needs to be distributed to both the facility owners and the disabled themselves. Courses would get significantly more business and the disabled would increase their self-esteem and way of life by being able to participate in golf. Maybe the Indianapolis ruling by the Justice Department will move everything along.
And back to the theme of the golf car manufacturer's CEOs:
"It's the Right Thing To Do!"
