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Another View-By March 15 ADA Law Now Requires All Hotel Pools and Hot Tubs to have wheelchair lifts

Posted by italianstallion on Tue Mar 13 19:10:24 2012, in response to By March 15 ADA Law Now Requires All Hotel Pools and Hot Tubs to have wheelchair lifts, posted by GP38/R42 Chris on Mon Mar 12 19:10:29 2012.

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As ususal, this is not the full story. The govt. has been in an ongoing dialog with the hotel industry for years on this. The actual rules going into effect next week were promulgated in 2010 after an extensive comment period. This is just another example of the right's demonization of a sensible rule.

DOJ letter

Among other things, portable lifts are in fact permitted.

And permanent lifts only have to be installed if the are "readily achievable." It appears a cost-benefit analysis is allowed:

"To determine whether it is readily achievable to provide an accessible means of entry to an existing pool, public accommodations should consider the following factors:

The nature and cost of the action;
Overall resources of the site or sites involved, the number of persons employed at the site, the effect on expenses and resources, legitimate safety requirements that are necessary for safe operation, including crime prevention measures, or the impact otherwise of the action upon the operation of the site;
The geographic separateness and relationship of the site(s) to any parent corporation or entity;
The overall resources of any parent corporation or entity, if applicable; and
The type of operation or operations of any parent corporation or entity, if applicable."



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