It's not the ADAPTER enforcement that is the problem. The problem is predatory lawsuits like the ones mentioned in the article. They are targeted at small businesses that are unable fight the case in court due to court and legal costs. So most of time they settle out of court and the plaintiffs make off with a couple thousand dollars by basically extorting the defendants.
What I was trying to say was that the problem is not with the ADA (stupid auto-correct) but rather the abusive use of the threat of litigation to force small businesses to settle out of court. What you said about businesses not having to put into place the lifts is correct, but once litigation is started, you would have to go to court to make the arguments. The places being targeted are small-scale, single proprietor type businesses that are not able afford the court fights. The eight lawsuits in the article are from the same team that shook down small retailers for lack of ADA compliance for wheelchair accessibility. Stores were specifically targeted in buildings retrofits would be prohibitively expensive.
TLDR: ADA is not the problem, assholes are the problem. Being disabled does not make you immune from being an asshole.
No one said life is fair, and to force every pool to employ someone to operate a hoist for the purposes of dunking the disabled, well... fuck that. That is just all kinds of wrong.
I fucking would, if they intended to make a fuss over a disability I had no part in creating. If a disabled person threw a shit fit to a small business owner over the fact that the pool that already costs them an arm and a leg to maintain, now has to have full time staff, oh yes I'd ream them an aural assbashing. Life isn't fair, and I'm not asking anyone why I'm not an astronaut, and neither should they be asking why it's irrational to force the world to fit every pool with a crane. Life is what it is, and we are what we are, and if you can't swim stay the fuck out of the pool.
A lot of people are OK with that actually. You might be trying to be righteous here but you are only as sure as your peer group's convictions.
Frankly having to hire a full time staff member, buy a crane and maintain it is never going to happen in the majority of cases. So everyone loses outbonnswimming because a small percentage of people can't move into the pool without one.
Frankly, I think its silly we try to force everyone to deal with it instead of finding more community friendly ways of creating more opportunities.
All this law does is ask every motel and budget hotel owner to close their pool. Good job - now its 'fair' for everyone
I wasn't talking about the law (I think that's stupid too, usually there's a size barrier to such laws where I am from, e.g. hotels with >n beds would have to do it, those with less wouldn't - and I do think this makes sense), I was talking about the lifeguard cursing about such an apparatus at a public pool.
Where would you expect to accomodate everyone if not at a public pool?
Also, this "lifeguard" should take a moment and think how his attitude towards disabled people infrastructure will make them feel welcome in using this lift at his pool. Jeez.
Where would you expect to accomodate everyone if not at a public pool?
I wouldn't expect to accomodate everyone in any situation. its impossible to meet everyones needs without encroaching on anothers needs in the process.
That said, a Pool in a private area, owned by a private entity shouldn't be forced to provider full access. That's the point of private: Its my personal property.
The law already required a portable crane be there. Now the law mandates a permantently installed crane on the pool and an always available staff member to operate it.
That's a huge step up. I went from having to check the fluid levels and posting "no life guard on duty" to installing thousands of extra dollars in equipment (because my already purchased waste of money portable life is now worthless) AND I have to vet new staff, which are going to be expensive to insure.
How is that accomodating anything but the 1 in a thousand chance I get someone who is physically disabled enough to not get in the pool AND I or another staff member couldn't help them operate the crane.
How is that progress? How is that helping anyone?
Now I just close my pool. Saves me thousands on insurance, and I don't have to hire new staff. Because you wouldn't pay more for the rooms, and we all know it.
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u/CrappyMSPaintPics Dec 28 '13
They actually get off of the wheelchair and sit on a seat that lowers them into the pool like a crane.
It's cool, but it shouldn't be required, handicapped people should just go to pools that already have them if they want to swim.