Whilst the rest of the world plays out all around our ears, it’s politics as usual with Mr Obama as he “pays back” his good — his very good — friends, the Trial Lawyers. These wonderful people gave Mr Obama more than $45 million dollars in 2008.
Because today, Thursday, is Day One of a wonderful monetary windfall for trial lawyers: Poolmageddon.
It’s the drop-dead day when all community pools, motels and hotels must have affixed to their sites a permanent — not a portable — hoist and winch assembly so that disabled persons may be lowered and raised into said pools, in order to allow accommodation.
From Conn Carroll of TheWashingtonExaminer.com:
President Obama’s Department of Justice — led by Attorney General Eric Holder — has found a new way to make the Americans with Disabilities Act pay off for Democratic trial lawyer campaign donors.
Since the ADA first became law in 1990, the DOJ has been issuing “guidelines” that businesses must follow to comply with a multitude of the nation’s civil rights laws.
For example, if a restaurant bathroom has a light switch that is 52 inches above the floor, then that business is in compliance. But if the light switch is 53 inches above the floor, than the restaurant owner is a civil rights violator subject to fines from the government and liable for civil damages from any disabled individual who ever used the bathroom.
The DOJ has been issuing a growing wave of such guidelines over the years, reaching an ever larger portion of business activities. In September 2010, the DOJ issued guidelines for “recreational facilities,” including a new rule that all public access swimming pools must provide a lift capable of moving disabled patrons from their wheelchairs into the water.
Compliance with the rule requires pool owners to have a lift for each “water element” in their facility. So if your local community pool also has a spa, both the spa and the pool must be “accessible.” But if you have two spas, don’t worry, only one lift is required.
But then industry leaders began hearing rumors last year that Obama’s DOJ would require permanently fixed lifts for each pool and spa. They began to write letters to DOJ asking for clarification on the issue.
On Jan. 31 of this year, DOJ granted the industry’s call for a clarification: But it was not the answer they wanted. All 300,000 public pools in the United States must install a permanent fixed lift. The deadline for compliance is tomorrow, March 15. Call it “Poolmageddon.”
There is no way all 300,000 pools can install permanent lifts by Thursday. There simply are not enough lifts in existence or enough people who know how to install them, according to industry spokesmen. Plus, each lift costs between $3,000 and $10,000 and installation can add $5,000 to $10,000 to the total.
You grok that? You, as the director or panel or agency supporting a local community pool — no matter the size, location or ability to pay — could find yourselves facing a potential $15,000 bill in terms of one lift installation. Plus every individual motel or hotel or chain sporting a pool in America.
Not that the government is going to step to each pool just yet; oh no. They have the Trial Lawyers to do that dirty work. And don’t think trial lawyers don’t have extensive lists of community pools in their regions — lists of every community pool that isn’t in compliance the microsecond today rolled around.
Ah, the ADA — draining taxpayers and businesses dry via Trial Lawyers from the moment it stepped into view, in 1990. Thank you kindly, President George HW Bush.
BZ
I see a LOT of pools closing… sigh
A few years ago I did ADA compliance surveys on the Left Coast, from San Diego to Bellingham, WA, for a major oil company. The survey went 40+ pages with as many as 90+ photographs. Everything got measured from the slope of the parking area to the amount of pressure needed to activate a soda machine.
One lawyer, and one wheelchair bound individual were shaking down the oil company.
You are exaggerating the level of bullshit the bureaucrats can generate. Administrative law, with little legislative oversight will bankrupt us all.
Old NFO is correct. Closed pools.
Should have said NOT exaggerating.
NFO: and that’s a given. But frankly, I couldn’t care less. Your local governments are “in for a penny?”
You’re in “for a pound.”
I don’t swim, unless I’m on a cruise in the Med or the Bahamas or Hawaii or in pristine waters. I don’t swim with rabble or common folks in a community pool because I actually care about TB and Hep-A.
Close the pools, Mr Obama. I couldn’t quite give a shite less.
WSF: let me be brief: one word.
SHAKEDOWN.
So true, sir.
Bottom line: I don’t “swim” with detritus. I couldn’t care less.
But the point is: REGULATIONS!
BZ
Further: no one CARES — unless and until a pool actually USED is closed, as NFO indicates. “You can close other pools; don’t close mine.”
BZ
The ADA is a pain in the ass. We have a student in a wheelchair and she’s raised such a stink that we have to have our student officers at her beck and call. I mean, we live in norther Michigan and this girl expects the sidewalks to be snow free, literally.
cjh
Most people in a wheelchair can not control their bowels and shouldn’t be in a pool for sanitary reasons. So the rest of us have to swim in a cesspool to keep the handicapped happy.
That is an aspect I had not even considered.
It is a point most won’t WANT to consider, but it is valid and accurate.
BZ
It is true that some people who use wheelchairs are incontinent. It is not true of all. Of those that do have a disability that affects continence, there are ways to manage it (they empty their bowels and bladders at regular intervals). They don’t all sit around in diapers waiting for an accident to happen at any time. Those who do are not likely to be traveling and going swimming.
And so those persons should make everyone else pay a greater rate so that they can — potentially — poo in the pool. The public pool.
Anyone besides me see a problem here. Anyone? Bueller — ?
BZ