The Federal government is at it again. Using the ADA and the emotion of fairness and safety, they passed another code requiring commercial pools and spas to supply access for the disabled. On the surface this sounds like a reasonable request but as are most things involving Government intervention, the logical and common sense aspects of this mandate are seldom considered.
The most practical or cost effective methods for commercial pools and spas to comply with this mandate is by the addition of “mechanical or hydraulic lifts” to the pool/spa. The problem is that lifts are not economical to purchase, install and maintain. The grace period to meet code has passed and many facilities do not comply either due to lack of funds or lack of knowledge that the code even exists. And, as is typical with most Government actions the abuse has already started. The Pool and Spa News Magazine has published an article reporting how within days of the code taking effect, one individual has already filed 21 lawsuits against Hotels and Motels for non-compliance. This particular individual simply sits at his home and calls the Hotels for reservations and asks if they have a “lift” on the pool. If they respond saying they do not, then he hangs up, calls his lawyer and has him file a lawsuit against the Hotel saying that he was denied his rights to stay there because he is —- you guess it, —- disabled.
No one is against safety or wants to limit access of the disabled to a swimming pool. Swimming pools in homes and hotels are as American as apple pie and baseball. But America was built on free market principles. The decision of an establishment to supply a service should be left to that business much the same way a restaurant may chose what food they serve, how they serve it, if you must wear shoes and a shirt or is a smoking or non smoking establishment with or without serving alcohol. Pretty simple and very successful system for over 200 years.
Government intervention is rapidly creeping into this system and has always been a hot bed for corruption. Simply because Billions of dollars of tax payer money is funneled to a group of 537 people to figure out how to spend it and each with their own agenda. Add to that, Lobbyist and Special Interest Groups and we have the fastest growth in government regulation and intervention this country has ever seen. The law makers know the secret lies in getting liberal justices nominated onto our Supreme Court because once they take hold, the constitution will cease to be our rock and foundation and will simply become an obsolete piece of paper or a “living document” as the Liberals are trying to term it now. Once that is accomplished, the doors are opened wide for random interpretation of every new law or code with tremendous amounts of money to be made.
One only has to look back in our history to document how government is used to make regulations resulting in millions of dollars in profits by some. There are many examples of this throughout our history, one being Prohibition. The Kennedy’s made their fortune actually profiting from the illegal alcohol trade while they supported Government Prohibition. The car industry was another example. Once they were targeted, all kinds of manufactures formed lobbies to create laws for seat belts, airbags and etc in the name of safety. Is it really about safety when the same government allows the owner of a motorcycle to ride his or her bike without a helmet, obviously it has nothing to do with safety. Cigarettes were another target that had nothing to do with safety but was pitched in that name. The end result was individuals lost more of their personal right of choice while the legal community made billions off the lawsuits and to what end result? Cigarettes are still sold today and are not any safer today that they were 30 years ago. The latest joke is who in the Obama Administration and what Senator or Congressman in either party made money by letting 2 of our “Hollywood Types” visit the embargoed and forbidden country of CUBA??? Under the table Payoffs are alive and well in our Government.
A few years ago, Commercial Swimming Pools were targeted due to the insurance money available. Guns are the latest group to be added because of the much larger market share. It is sad so see the deterioration of our society in this manner. Hopefully Americans will realize this at some point and stop the foolishness. Until that time, —— COMMERCIAL POOL OWNERS BEWARE!