The The Americans With Disabilities Act (ADA) was signed in 1990 with the purpose of ensuring that persons with disabilities have access to the full and equal enjoyment of public accommodations. Golf courses, except those narrowly defined as strictly private clubs, are clearly covered under the law. Yet long after it became law in 1990, the ADA remains a source of confusion to both golfers and golf course operators.

SoloRider has been a leading proponent of accessibility for more than a decade. Our website provides the most comprehensive collection of information regarding single-rider golf cars as an accessibility solution under ADA. We encourage you to take advantage of our research and provide comments and additions by email to ada@solorider.com.

Our experience shows that single-rider golf cars are the most practical and cost-effective method of providing accessibility. We hope you agree that providing accessibility is good for the game of golf, good for individual golf courses, and good for golfers.

The History of the ADA and Single-Rider Golf Cars

The ADA law was signed by President George H. W. Bush on July 26, 1990. At that time, single-rider golf cars were not in the market and the ADA law does not mention them. The law is written in general terms and detailed regulations would need to be written for the ADA to be effectively enforced.

The United States Architectural and Transportation Barriers Compliance Board (the “Access Board�) was created to craft the technical specifications and propose guidelines to the Department of Justice (DOJ). The Access board is composed of individuals from various federal agencies by appointment of the President of the United States. For many years the Access Board focused on the accessibility provided by new buildings that are open to the public.

More recently, the Access Board turned its attention to recreational accommodations, including golf courses. The Access Board created the Recreation Access Advisory Committee (the Advisory Committee�) to make recommendations regarding recreational facilities.

On March 13, 2002, the Access Board adopted new guidelines for recreational facilities. The guidelines require accessible routes and golf car passage throughout the course, including putting greens and tees. The Access Board also concluded that “greens-friendly� single-rider golf cars that incur little or no damage to the turf must be allowed on all areas of the golf course.

The Access Board considered whether golf courses are required to make “single rider adapted golf cars� available for rental. They concluded that this issue is operational and goes beyond the Access Board’s jurisdiction. They anticipate that the Department of Justice will answer these operational issues when it amends its ADA regulations to incorporate these guidelines as standards. Prior to their adoption by the DOJ, the guidelines are effective as guidance to the DOJ and the public.

The Office of Management and Budget (OMB) then determined that the guidelines do not have materially negative economic impact.

On September 30, 2004 the Department of Justice took the next step toward creating enforceable standards. The DOJ published the Advanced Notice of Proposed Rulemaking (ANPRM) in order to begin the process of adopting the Access Board guidelines. The ADA requires the DOJ to adopt enforceable accessibility standards that are consistent with the minimum guidelines and requirements of the Access Board. During a public comment period, originally closing on January 28, 2005, the DOJ is seeking comments and input on the various topics.

The ANPRM addressed the operational issues outside the jurisdiction of the Access Board. The DOJ is considering regulations that require golf courses to provide one or two single-rider golf cars for the use of people with disabilities? They are also considering whether these cars must be provided with no greater advance notice than other golfers.

Factors that may be considered in requiring the single-rider golf cars are 1) whether cars are rented to golfers, 2) the financial and operational burden placed on the golf course, and 3) whether golf cars are required to play the course.

The DOJ will read every word of every comment received during the ANPRM period. They will then craft a Notice of Proposed Rulemaking (NPRM) and solicit public comment once again. The specific regulatory language will be developed. A Regulatory Analysis will then weigh the cost of the regulations against the likely benefit. The Department of Justice is then prepared to issue enforceable regulations.

The legislative branch of the federal government has spoken through the passage of the the ADA law. The executive branch, through the DOJ, is in the process of slowly providing regulations. In the meantime, the judicial branch does not sit still.

The courts have interpreted the ADA law when presented with a specific court case. Sometimes the DOJ provides legal support in the court cases for those alleging discrimination under ADA.

In summary, we are in legal limbo. Access to golf by way of single-rider golf cars, while not specifically named, is clearly within the spirit of the ADA law. Unfortunately, the specific regulations have not been written into law.

The Board has clearly determined that golf courses, except those narrowly defined as private, must allow people with disabilities to use single-rider golf cars on greens, fairways and tees. In the few cases that have contested this point, the person with disabilities has always won access.

Whether the golf courses should provide the single-rider golf cars is a separate matter. The DOJ is seriously considering this requirement. In Indianapolis, the only case considering this issue, the settlement approved by the DOJ required the city to provide single-rider golf cars.

At this time, the disabled golfer who is has been discriminated against must seek remedy through the courts. While the DOJ is sympathetic, they are not actively pursuing litigation, perhaps preferring the ANPRM process to play itself out.

Golf courses that do not provide single-rider golf cars, while in violation of ADA, have not been penalized by their non-compliance. However, when a golf course is challenged by a mobility-impaired golfer, an attorney or an organization encouraging accessibility, the economics change. Many attorneys agree that compliance thru the purchase of single-rider cars is the most prudent decision. The law is clearly on the side of the persons with disabilities and the cost of compliance is small compared to legal fees.