New Disability Regs Limit Slope of Mini Golf Holes, Require Businesses to Admit Mini Horses as Guide Animals

Although the Justice Department has extended the deadline for Americaג€™s hotels to comply with regulations regarding handicap access to swimming pools, new Americans with Disabilities Act (ADA) guidelines are already being applied at miniature golf courses, driving ranges, amusement parks, shooting ranges and saunas.

Among the provisions in the "Revised ADA Standards for Accessible Design," which went into effect on March 15, is one requiring businesses to allow miniature horses on their premises as guide animals for the disabled. Another limits the height of slopes on miniature golf holes.

ג€œThe new standards, for the first time, include requirements for judicial facilities, detention and correctional facilities, and recreational facilities,ג€ Assistant Attorney General Thomas E. Perez said during a conference in Baltimore on June 7.

ג€œWe expect the implementation of these accessibility standards to open up doors for full participation in both the responsibilities, such as jury duty, and the benefits, such as playing at city parks, of civic life for people with disabilities,ג€ he said.

The 2010 ADA standards for Accessible Design require that at least 50 percent of golf holes on miniature golf courses be ג€œaccessibleג€ ג€“ with a ground space that is ג€œ48 inches minimum by 60 inches minimum with slopes not steeper than 1:48 at the start of play.ג€

Other regulations include:

Saunas ג€“ provision of accessible turning space and an accessible bench.

Shooting facilities ג€“ provision of accessible turning space ג€œfor each different type of firing position.ג€

Golf courses ג€“ ג€œan accessible route to connect all accessible elements within the boundary.ג€ An accessible route must also ג€œconnect golf car rental areas, bag drop areas, teeing grounds, putting greens, and weather shelters.ג€

Gyms ג€“ at least one of each type of exercise machine must be positioned for use by a person in a wheelchair.

Amusement parks ג€“ any new or altered ride must provide at least one seat for a person in a wheelchair

A section of the guidelines regulating commercial facilities states that, ג€œa public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.ג€

A public accommodation is defined as ג€œa private entity that owns, leases (or leases to), or operates a place of public accommodation.ג€

ג€œMiniature horses were suggested by some commenters as viable alternatives to dogs for individuals with allergies, or for those whose religious beliefs preclude the use of dogs,ג€ the rules state. Also mentioned as a reason to include the animals is the longer life span of miniature horses ג€“ providing approximately 25 years of service as opposed to seven years for dogs.

ג€œSome individuals with disabilities have traveled by train and have flown commercially with their miniature horses,ג€ the Justice Department notes.

ג€œSimilar to dogs, miniature horses can be trained through behavioral reinforcement to be ג€˜housebroken,ג€™ג€ it adds.

However, ג€œPonies and full-size horses are not covered.ג€

A business owner can deny admission to a miniature horse that is not housebroken, whose handler does not have sufficient control of the animal, or if the horseג€™s presence compromises ג€œlegitimate safety requirements.ג€

The miniature horse addition has come under the scrutiny of at least one member of Congress, Rep. Jason Chaffetz (R-Utah), who offered an amendment that passed the House, banning funding to implement the provision. Chaffetz penned an editorial last month in opposition to the rule entitled, ג€œHorses in the Dining Room?ג€

Last month the Justice Department extended the deadline for the rule requiring permanent wheelchair access to recreational pools. Citing ג€œsignificant concerns and misunderstandings among a substantial number of pool owners and operators,ג€ the department issued a notice in the Federal Register extending compliance from March 15 to May 21 this year. The date has now been pushed back further, to January 31, 2013.

The regulation requires large pools ג€“ those with over 300 linear feet of pool wall ג€“ to have two accessible means of entry, and smaller pools to have one.

For existing pools, owners making structural alterations are obliged to remove architectural barriers ג€œto the extent such compliance is readily achievable.ג€

ג€œAs I consider the departmentג€™s accomplishments to date, and our plans for the future, I continue to take my inspiration from people with disabilities and their families,ג€ Perez said in Baltimore.

ג€œThese individuals express the harm of segregation and the value of integration more eloquently than any lawyerג€™s brief ever could. They are the heroes of this civil rights movement.ג€

A person with a disability is defined by the ADA as, ג€œa person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.ג€

who is this guy, Mel Gibson?

In what possible instance is a mini-horse a more appropriate helper animal than a well trained, well bred dog?

Pretty funny, but who really cares?

How about the people who own and operate the affected establishments?

C'mon, Natty Ice. You work out, right? Tell me how it is not batshit lunacy that every gym must have "at least one of each type of exercise machine for use by a person in a wheelchair."

This is the GOP equivalent of a white liberal shrieking "WELL YOU WOULD CARE IF YOU WERE BLACK!!!"

Take a break from being such a whiny blowhard bitchy Ricky Schroeder every once in awhile. You literally have nothing to be resentful about.

Pro-tip: when you quote things you should actually quote them. Read it with a lower heart rate and you'll see your mistake.

As for "defending" it, I'd have to read it and know more about it to decide if I'd defend it or not. Is that community moving to miniature guide horses for the reasons stated, or is it just zany? If the reasons are true it seems pragmatic, more cost effective and reasonable, but I've never seen one before so it sounds nuts. Again though, don't keep up on that and literally have no idea. Of course it was W. who championed these new ADA standards and signed them into law, but that gets in the way of your argument, so whatever.

True story: I wouldn't defend it or champion it cuz I don't really know about it and ultimately I don't really give a shit. Truer story: beyond whatever symbolic thing it represents for you I honestly don't believe that you even remotely give a shit either.

It's an irrelevant distinction.

Surely the world would be a better place if we all just didn't give a fuck about things that don't directly affect us. You're an inspiration to us all, professor.

And what do you presume my argument to be, exactly?

If I didn't give a shit I wouldn't have started a thread, and if they start fucking with my local miniature golf course I will be righteously pissed.

I also find it funny that you came in here and spouted off several paragraphs just to say "I don't care about this."

Instead of just admitting that the regulations are ridiculous (or, better yet, just sitting this one out entirely) you felt compelled to attack me for actually caring. I have never encountered a person online who was so enamored with the sound of his own voice.

Popeye, I do have issue with this as it applies to actual golf courses.

The Americans with Disabilities Act (ADA) requires reasonable modifications to golf course policies, practices or procedures to serve people with disabilities (as defined by the law) on an equal basis with the rest of the general public. A reasonable modification is one that does not present an undue burden to the golf course or alter the fundamental nature of the game. GCSAA has been active in working with golfers, lawmakers and regulators to address ADA issues. On Sept. 15, 2010, the U.S. Department of Justice (DOJ) released final rules to update its ADA regulations and implement new accessibility standards for golf courses and other recreational facilities. The rules will impact municipal and commercial entities and codify the architectural guidelines for barrier removal. This will impact future golf course development and renovations to existing facilities. Alterations to existing golf courses include the redesign of teeing grounds and greens. Mowing and other general maintenance activities are not considered an alteration. After March 15, 2012, all new golf facilities must be accessible in accordance with the golf course accessibility guidelines and existing courses must remove barriers when it is ג€œreadily achievableג€ over time (easy to accomplish without much difficulty or expense). The golf course accessibility standards cover: accessible routes and/or alternative golf car passages; teeing grounds; putting greens; weather shelters; and driving ranges. On July 26, 2010, DOJ issued an Advanced Notice of Proposed Rulemaking (ANPRM) specific to accessible golf cars. DOJ is considering issuing regulations requiring golf courses that provide golf cars, when replacing or acquiring additional standard golf cars, to provide accessible golf cars for use by individuals with disabilities.

GCSAA position statement

As golf course management professionals, the members of GCSAA will work to make golf accessible to all persons by promoting policies and practices that consider the needs and safety of all golfers, promote the growth and vitality of the game and maintain the agronomic integrity of the golf course. The purchase of single rider golf cars should be the decision of each individual golf facility considering multiple factors including customer service considerations, safety of the devices, market demand and economic impact to the facility. Every golf facility in the U.S. has a stake in growing the game of golf. The growth of the game is dependent upon new golfers of all abilities coming into the game.

GCSAA activity

GCSAA is a founding member of the National Alliance for Accessible Golf. The mission of the Alliance is to increase participation of people with disabilities in the game of golf. GCSAA serves on the Alliance board of directors.

In May 2005, GCSAA submitted comments to the DOJ which began the process of adopting revised ADA standards consistent with Parts II and III of the revised guidelines implementing the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968, published by the Access Board on July 23, 2004, at 69 FR 44083. The ANPRM addressed the issue of whether single rider golf cars should be required at all golf facilities in the U.S.


In July 2007, the Alliance hosted its first annual Accessible Golf Pro-Am at the Toledo (Ohio) Country Club. The tournament raised funds for accessible golf programs throughout the country while increasing awareness in the work of the Alliance.

In August 2008, GCSAA submitted comments to the DOJ on the proposed rulemaking issued by the agency on June 17, 2008, to adopt revised ADA Standards consistent with the 2004 ADAAG including the guidelines for recreation facilities. In the NPRM, the DOJ decided not to propose new regulations specific to accessible golf cars.


The seminar ג€œMaking Your Golf Course ADA Accessibleג€ was held at the 2009 GCSAA Education Conference.

The government relations session ג€œADA Accessibility Guidelines and NPDES Pesticide General Permits: Prepare Your Course for Complianceג€ was held at the 2011 GCSAA Education Conference.

In January 2011, GCSAA submitted comments to the DOJ on the ANPRM related to ג€œNondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furnitureג€. GCSAA also provided public testimony in January 2011 on the ANPRM at a DOJ public listening session in San Francisco.

In September 2011, GCSAA offered a free webcast to its members on the new ADA accessibility guidelines for golf courses. The featured speaker was Peggy Greenwell, U.S. Access Board Accessibility Specialist.

I actually have an overall problem with this to an extent. Are car manufacturers going to have to start making cars to accomodate handicapped individuals? I mean I can understand making your establishment accessible to handicapped individuals, but this seems excessive.

I don't think that participation correlates to being on board. They may be involved in the process because obviously the DOJ said its going to happen so therefore, they feel like "well since we have to do it let's at least have a hand in shaping the law".

Golf courses have always been "accessible" to people with disabilities in general I could care less about building ramps for the club house or to the tee box. However, I do have an issue with someone riding their wheelchair on the green or altering the lay of it.

I bring up the hypothetical "car" analogy to say that I feel that if this legislation effects gameplay then there is no telling where it could go. That's a huge stretch, but then again, I never thought NYC would ban cigarettes in bars so I don't put anything past a vocal minority.

who is this guy, Mel Gibson?

LOL @ acting like owners of mini-golf courses/establishments were voluntary, gleeful participants in drafting this utterly idiotic legislation.

Like every group of small business owners: they want to avoid being sued. I've been sued twice. It is expensive as FUCK.

I mean, I don't know how so many people in wheelchairs who patronized mini-golf courses have survived so long.

LOL @ acting like owners of mini-golf courses/establishments were voluntary, gleeful participants in drafting this utterly idiotic legislation.

Running a business is an abstraction to most people. They genuinely don't get how costly and time-consuming shit like this is. Ironically, they're more often than not the ones who bitch the loudest about how expensive everything is.

Which is why businesses create associations to protect their interests, which work with regulators to make sure regulations aren't cost-prohibitive, which they say multiple times on their own website that these regulations specifically aren't.

Looks good on paper, not so much in reality.

Which is why businesses create associations to protect their interests, which work with regulators to make sure regulations aren't cost-prohibitive, which they say multiple times on their own website that these regulations specifically aren't.

who is this guy, Mel Gibson?

Try to keep up. We're talking regular golf courses. Combo is working himself into a hypthetical tizzy over his local mini-golf course (where he spends a lot of time while not working I guess, I dunno).

In any case, as you know business groups create associations to promote themselves and to protect their own interests. Here we have a business group that has been working with the fed for awhile now, were appeased on their one quibble point, and are championing the legislation and their involvement in it on their website. There is LITERALLY nothing to see here. We've moved from starting with a partisan blog, to having actual information for the party that would be most opposed (they're not, they're the opposite), to just bullshitting about it and digging heels in. TBH I've kind of said everything I have to say on it. The facts speak for themselves.

Your next move is to cherry pick another part of the legislation and wave your arms about the impending doomsday it will cause until I get annoyed enough to go do your research for you again, at which point you'll say it doesn't matter anyway before hopping to the next lilypad of woefully uninformed indignation. I get how the game is played. I'm just gonna stop at this point because the point has already been made, and playing round robin on your indignation will continue to be as effective as it has been (meaning not all).

Have at it.

who is this guy, Mel Gibson?

Is "reality" in this post anything more than a high falutin' way to say "in my uninformed opinion which I feel comfortable cutting-and-pasting onto any issue for which I don't know the specifics of", or is does it actually mean reality?

Put another way, if you actually mean real life reality, can you link us to it?

Not to put too fine a point on it, but this reads like you believe that any and all governmental regulation is bad, and that just because the business association that would be most affected has been crafting the legislation, helping to define it and is now championing it, you will not be deterred off your one-size-fits-all perch.

Seriously though, correct me if I'm wrong.

Not to put too fine a point on it, but this reads like you believe that any and all governmental regulation is bad

who is this guy, Mel Gibson?

The difference between having one of each machine be specially constructed for use by someone in a wheelchair versus one of each machine just being positioned with wide enough birth to be rolled up to is irrelevant to you? WTF?

That it's indefensible. You made it obvious with the thread title.

You're talking in hypotheticals though, because you don't actually even know if half the holes on your local mini-golf course start on a flat surface that's four feet by five feet.

Combo is working himself into a hypthetical tizzy over his local mini-golf course (where he spends a lot of time while not working I guess, I dunno).

LOL. So on this golf course shit are any of you actually going to bring anything informational or non cut-and-paste to the table, or it's just gonna be pages and pages of your rhetorical stump speech ideological leanings and your feelings?

Shit is pathetic.

who is this guy, Mel Gibson?