February 3, 2012  – We understand that your members are upset about the Department of Justice ruling on swimming lifts. We are fed-up with it, but we keep fighting to make a difference, if not regulations and legislation will be worse for all of us.  Hopefully, you are telling the members the things that we have done on ADA. Without our involvement the new Americans with Disabilities Act requirements would have not taken our industries concerns into account and the results would have been untenable for most properties. AH&LA worked with the Department of Justice to address the needs of guests and the realistic ability of properties to make changes to the Guidelines for over 10 years.
Click here to download the Property Check-list on ADA requirements
Click here to download the Employee Check-list on ADA requirements

Wednesday, February 8, 2012, AH&LA met with the Department of Justice (DOJ), and they reiterated their harsh and unyielding interpretation that all pools and nearly all spas need to have at least one means of entry by March 15, 2012, and in most cases this will be a costly permanently fixed lift.

After meeting with FRLA members, Congressman Daniel Webster composed and sent a letter to Ms. Allison Nichol, Chief of the Disability Rights Section of the Civil Rights Division at the U.S. Department of Justice.  In his Letter, Congressman Webster asked that the compliance deadline be extended to March 1, 2013, and that the regulations be revised to permit the use of portable pool lifts, account for the safety concerns associated with fixed pool lifts, and consider whether a different requirement is appropriate for public accommodations with several pools in close proximity to one another.  To read the entire letter please click here.

The U.S. Department of Justice (DOJ) informed AH&LA this week that it would not revisit its January 31 clarification requiring all public swimming pools to have permanently affixed lifts if readily achievable, nor would it extend the March 15, 2012, deadline for lodging facilities and other public accommodations to comply with the new requirements.

Attached please find a sample thank you letter for our members to use as a template to thank our legislators for supporting our industry. If you have any questions, please contact Jason Reynolds at 850-224-2250 x228

Senator Marco Rubio (R- FL)

Representative Daniel Webster (R – 08)

Click here to download the letter template

The White House today issued a 60-day extension that will push the compliance date for the pool lift requirement under the Americans with Disabilities Act (ADA) to May 15, 2012. DOJ will also publish a Notice of Proposed Rulemaking with a 15-day comment period on a possible six-month extension in order to allow additional time to address misunderstandings regarding compliance with these ADA requirements.

On Thursday, March 15, 2012, Attorney General Eric Holder signed a final rule extending the date for compliance with sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas for a period of 60 days after the publication of the rule in the Federal Register. On that same day, the Attorney General also signed a Notice of Proposed Rulemaking (NPRM) seeking public comment on whether a longer period of time would be appropriate to allow pool owners and operators to meet their compliance obligations. Specifically, the NPRM proposes a 180-day extension of the deadline. Comments on the NPRM must be submitted on or before April 4, 2012.

Read more. 

March 26, 2012 – Congressman Mick Mulvaney (R-SC) today introduced bipartisan legislation (H.R. 4256) titled, ‘‘Pool Safety and Accessibility for Everyone (Pool SAFE) Act.’’ Pool SAFE would provide a one year delay for the Americans with Disabilities Act (ADA) pool lift requirement, allow the use of portable lifts, allow sharing of lifts between pools, and protect hoteliers from being sued during the delay period. AH&LA supports this legislation as it provides a reasonable solution to the pool lift requirement, while still providing access to travelers with disabilities. The bill has 26 original co-sponsors.

May 9, 2012 – The House of Representatives debated—but retained—the Carter-Nunnelee-Flake Amendment, which prohibits the Department of Justice (DOJ) from enforcing the requirement for a permanent means of entry to pools and spas for one year.  Thank you to our members who made calls to their Representatives to support our efforts.

Following months of hard work by AH&LA and the lodging industry, the Department of Justice (DOJ) last night announced a substantial postponement of the ADA compliance date for existing pools and spas with ADA requirements for accessible entries.  The new compliance date – January 31, 2013 – is more than an additional nine months beyond the original date of March 15, 2012.

DOJ found that the delay will allow the Department to “continue to educate covered entities about their obligations under the 2010 Standards…and to address misunderstandings that could lead covered entities to take unnecessary and counterproductive steps….” The DOJ had received over 1,400 comments urging additional time to comply with this requirement outweighing the nearly 500 comments opposing any extension.

The DOJ specifically noted three areas of concern resulting from misunderstandings. First, some operators took steps to comply with the entry requirements based on false understandings.  Second, many operators were having difficulty in finding an adequate supply of pool lifts.  Third, some operators were considering closing pools when it may not be warranted. For these reasons, the DOJ concluded a delay in the compliance was necessary. DOJ noted that this delay does not affect pool and spas that are under construction or are being altered. The fixed lift requirement applies now to pools and spas being constructed or altered.

This extension is a direct result of the groundswell of action from hoteliers who wrote and met with their members of Congress to discuss the lodging industry’s common sense solutions. Thank you for your effort, which resulted in overwhelming Congressional support and forced DOJ to re-examine the unreasonable compliance deadline. This issue clearly demonstrates the collective strength of the lodging industry.

The announcement by DOJ does not change the substance of DOJ’s “fixed” lift requirement.  In retaining this requirement, DOJ did not address concerns raised by AH&LA and the lodging industry such as the increased liability associated with making lifts permanently available when life guards are not present, sharing of lifts between multiple pools and spas, or the extensive construction and electrical bonding work needed to install fixed lifts.

For a full description of the DOJ’s extension, click here. 

AH&LA continues to support efforts to provide entry to pools and spas for all travelers and will seek measures that will ensure the safety of all guests. For AH&LA’s Myth v. Fact on this issue, click here.