ADA Defense & Compliance Lawyer: New ADA Compliance Standards For Golf Courses. What Do They Mean To You?

What you need to know for your golf course to comply with the new ADA Standards and how to avoid costly litigation or a DOJ investigation ADA Compliance is par for the course

Do you remember when top pro golfer Casey Martin successfully sued under the Americans with Disabilities Act (the ADA) to require the PGA to change its tournament policies to permit him to use a golf cart to accommodate his disability? Martin's suit alleged that the PGA's rule banning use of golf carts in certain of its tournaments violated the ADA. The United States Supreme Court sided with him. PGA Tour, Inc. vs. Casey Martin (2001) 532 U.S. 661.

Who knew then that in 2010, the Department of Justice ("DOJ") would implement sweeping accessibility requirements for public and private golf courses? Well, every golf course owner, lessee and operator who was paying attention to the evolution of the ADA should have seen these changes on the horizon. "Golf courses" are specifically identified as "public accommodations" under the ADA. The 2010 changes to physical accessibility and policies and procedures have been on the radar screen of recreational advocates, disabled golf enthusiasts, the U.S. Access Board and the Department of Justice (or DOJ) for a long time.

In fact, the initial 1991 ADA guidelines applied to public facilities at golf courses just as any other business serving the general public. Many golf course owners implemented these accessibilities changes over the past two decades. Others did not. No matter, because, effective March 15, 2012, all public, municipal and private golf courses open to play by the general public must comply with the requirements of the new 2010 ADA Standards for accessible design, for newly constructed, altered and existing golf courses.

What are your compliance obligations under the 1991 ADA Standards applicable to golf courses?

For 20 years, golf course owners, tenants and operators had to comply with the 1991 ADA accessibility requirements. To begin the analysis of whether your golf courses are ADA compliant, owners and operators must ask themselves whether their courses meet the 1991 ADA Standards. If your course has been surveyed by an access specialist and found to comply with the 1991 ADA Standards, you are on the back nine at even par. If your course does not comply with the 1991 Standards, pick up your ball and take a bogey. Such golf courses not only need to comply with the 1991 Standards, but now they need to comply with the...