Obama’s DOJ-Latest Dictatorial Dictate Gone Bad! Perversion of ADA at Its Most Ridiculous & Dangerous Point Ever

Americans Disability Act of 1990 Change

Ever wonder what happened to Obama’s being the most transparent President in History?  Ever wonder what happened to that Obama Website that would inform Americans what the Obama Administration was doing?  Ever wonder how Obama got Elected?

“Mandatum Obamus” (Latin for Obama’s Mandate):  Well, his latest, undocumented, underreported, and least transparent move was when he and his Department of Justice (DOJ), added new requirement for ALL POOLS THAT ARE OPEN TO THE PUBLIC TO ACCOMMODATE DISABLED PERSONS INCLUDING THOSE WHO ARE CONFINED TO WHEELCHAIRS.  Don’t get me wrong, after watching my brother-in-law courageously battle the debilitating ALS disease for years until he finally succumbed to this horrid ailment, I certainly have a ton empathy for those confined to wheel chairs and who are afflicted with a one of a whole host of crippling diseases or who have been injured in an accident.  But this is just another regulation that seeks to do good without anticipating the myriad of downstream problems, let alone be yet another government regulation that requires local taxpayers and private business to spend millions of their dollars without any reimbursement from Big Brother Obama, aka, an Unfunded Mandate!

What this Regulation Did Not Consider:

  • Ambulance Chasers (attorneys) Paradise:  The regulation is vague in its construct so as to make attorneys salivate. To paraphrase the mandate, “…any swimming pool open to the public to be accessible to anybody, including those in wheelchairs.”  The law does not say how or to what extent a public access pool must accommodate those covered by the ADA.
  • Liability Insurance:  Assume a severely disabled person is lowered into the pool or spa, who is supposed to ensure that they do not drown as a result of their disability hampering their ability to tread water, hang onto the side of the pool, or merely breath?  I am absolutely sure the insurance actuaries are already busy running the numbers to determine the number of deaths, injuries, or nuisance suits that will be generated as a result of public entities and private businesses attempting to accommodate handicapped persons in their pools or spas.  This is not insurance companies or businesses being “heartless”, it is a matter of recognizing reality and planning for the losses.  Too bad government does not assess their actions in the same way!
  • Increased Staffing Costs:  If you are a school, a municipality, or any other public entity with public access to your pools or spas; or you are the owner of a hotel, a gym, or the owner of a public swimming pool or other aquatic facilities LIKE A WATER PARK (more on this below), you will be forced to staff up to ensure you have someone available to assist the handicapped persons before, during and after they are lowered into the pool or spa.  You more than likely would not be able to rely on your normal lifeguard staffing since this person would most likely have to be in the pool near the handicapped person to provide the most protection against an accidental death or injury.  Further, this person or persons would have to be trained to handle persons with various disabilities and have the strength to assist them out of the pool if required.  If this is a pool or spa ran by a public entity, then the local taxpayers pick up the tab.
  • Types of Disabilities Matter:  The regulation covers persons with all disabilities, period!  Assume that you were like my brother-in-law and were a quadriplegic, confined to a wheel chair, and ON A RESPIRATOR. 
    • First, how do you get a 300-500 pound wheelchair, with a respirator, and a 240 pound person, lowered into a pool or spa? 
    • Then, how do you ensure that the water does not short out the wheel chair and respirator which it will?  Does the pool operator have to have a fleet of hermetically sealed wheel chairs with respirators to accommodate this need? 
    • Then, how do you get them out?  Lifting a 1,000 pounds (wet) via a lift is a danger to not only the disabled person, but to the pool attendant and others using the pool.
    • What happens if the respirator malfunctions in the water?  Who is responsible  Now the pool/spa operators have to have standby respirators available? 
    • If you are in a wheel chair, and the shallow end pool depth allows the rider’s mouth and nose to be underwater.  Does the operator have to tear our the pool and make to sure the shallow end is 2 feet or less?

What this Regulation will Spawn (sorry for the aquatic term):

     This is where the Liberal’s unintended consequences take root when they enact a feel good law or regulation without thinking it through.  This is also why before a law or regulation can be put into effect, they all need to be analyzed by an independent group made up of primarily private sector persons and not some government agency.  Most likely, the following consequences will occur:

  • Lawsuits:  Millions of dollars will be wasted on lawsuits against local public entities and private sector motels, hotels, spas, gyms, and water parks.
  • Facilities Closed: 
    • School districts who allow public access to their pools and spas will no longer provide this community service due to costs and lawsuit liability.
    • Many Municipalities will opt out of operating their own public pools due to costs and lawsuit liability.
    • Many Motels and Hotels will close their pool and spa facilities due to costs and lawsuit liability.
    • Water Parks are really susceptible to being closed down altogether.  If they have to provide handicapped access to water slides and other fairly physically demanding facilities, it would be cost prohibitive to do so.  Let alone have to deal with lawsuits demanding access and additional supervision to guarantee the safety of the handicapped.
    • Public Access Lakes and other Water resources:  While the regulation calls out pools and spas, it is not difficult to see that this regulation would be expanded to include public access beaches, lakes and other water facilities.  These are primary operated by local and state entities so any costs to retrofit access would be born by local taxpayers.
  • Reduced Access by All:  The final result of this regulation will be to reduce access to many if not all persons who would normally utilize the local pool or spa, or those who are patrons of a motel or hotel, or those who pay gym fees to swim or use spa facilities, or those who currently enjoy taking their kids to a water park.  Obama and the DOJ will once again overreach and shut down a facility that is enjoyed by their citizens in Obama’s sick perverted view of “fairness”.

     There are a whole host of ways to give access to the disabled who ARE CAPABLE OF SURVIVING A WATER SUBMERSION EXPERIENCE, and allow them to enjoy the therapeutic benefits of water immersion.  Many, Many, Many physical therapy facilities already provide these services and many, many, many are already funded by Medicare, Medicaid, and private insurances.  While this does not make disabled persons access to public access pools and spas equal to those without disabilities, the obvious fact is that disabled persons are not equal physically with non disabled persons.  That may be a harsh fact, but it is a fact, and no well-meaning program, regulation or law can or will ever change that.      

     The main points of this article are to point out that while this regulation has potentially far-reaching impacts for many citizens, it is but one regulation by the Obama regulation that was put into effect without any public discourse.  Further, it is another example of an Obama regulation/executive order that mandates that someone else, ie taxpayers or private businesses, to fork over more of their money for UNFUNDED FEDERAL MANDATES.  Unfunded Mandates should be made to be illegal.  If Obama or the Congress wants to change anything, they should have to justify paying for it rather than past the cost onto others so it is never capable of being analyzed or reported.  And finally, all regulations and laws need to be reviewed by an independent group with the capabilities of objectively assessing the impact of these proposed dictates.  This group should be composed primarily of private sector participants with lawyers being excluded. 

    There are a lot of ways for you to lose your freedoms.  Poor regulations, executive orders, and laws are at the top of the list of culprits.  WE HAVE TO TAKE OUR NATION BACK TO SQUARE ONE…

RD Pierini


Hat Tips:

ABC Fresno:  http://abclocal.go.com/kfsn/story?section=news/national_world&id=8581383

 FCN: http://www.firstcoastnews.com/news/article/247201/483/Hotels-Rushing-to-Meet-New-ADA-Swimming-Pool-Regulations

The Daily Caller:  http://dailycaller.com/2012/03/16/administration-grants-swimming-pools-60-day-reprieve/



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