Tell Congress You Oppose DOJ Position
The American Hotel & Lodging Association Wednesday afternoon met with the Department of Justice (DOJ) to discuss our industry’s concerns over the January 31, 2012 guidance on lifts for pools and spas.
DOJ reiterated its 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. DOJ officials refused to consider AH&LA’s concerns that the ADA rules are vague and overbroad - leading to great confusion. Nor did the DOJ consider our industry’s concern regarding the possibility that a permanent lift that is not being used might pose a safety concern for children and other guests or the inability to obtain and property install lifts by the March 15, 2012 deadline.
Contact Congress today and express your opposition to this hard line approach taken by DOJ.
Key questions answered by DOJ Wednesday include:
- All lifts must be fixed or attached to a deck at all times the pool is open to guests. A portable lift is not acceptable unless it can also be fixed to the deck with clamps, screws, or bolts.
- Properties that have already purchased portable lifts will need to find a way to secure the lift to the deck or purchase a new lift that can be fixed.
- DOJ expects lifts at all pools and most spas to be in place by March 15 or when the pool/spa is opened.
- Lifts cannot be shared between pools.
- A lift must be installed if it is readily achievable.
- External factors such as insurance rates, child safety, hiring additional staff to monitor safe usage and/or maintain the operation of the lift cannot be factors in determining excessive cost.
AH&LA is working with our ADA Counsel to assess a legal response to this hard line and disappointing approach from DOJ. Additional information will be forthcoming. To view a detailed account of yesterday’s meeting, visit AH&LA’s website (member login required).