5/23/2012

Obama Administration Using ADA To Keep Your Kids From Swimming

In light of the upcoming summer season, this little tidbit by way of Maggie's Farm hits a little too close to home. But considering where it comes from we shouldn't be all that surprised, should we?

The Obama Administration seems to be doing all it can to make sure life is “fair”, even if it has to destroy long standing traditions, activities, and other bits of American culture to do so. The latest bit of “fairness” comes by way of the rather overused and severely twisted ADA, or the Americans with Disabilities Act. The most recent salvo threatens to close down both public and commercial swimming pools because they don't have easy access into the water for the severely disabled.

Last week, news was made as today’s deadline approached for commercial and municipal swimming pool owners to install means, by which disabled swimmers could enter the nation’s swimming pools. It is the kind of regulation that would make a great punch line for the conservative version of the Daily Show, if conservatives were that funny. The Obama Administration has recently construed the Americans with Disabilities Act (ADA) and Standards for Accessible Design to apply to the act of swimming.

Today, this regulation was supposed to go into effect, opening up the owners to $100,000 fines as well as trial lawyer liability. However, thanks to the kindness of the Justice Department, existing pools now have until January 2013 to comply. “Newly constructed or altered places of public accommodation, commercial facilities and state and local government facilities” operating swimming pools will now be required to install permanent structures that lower physically disabled patrons into the pool.

How many municipalities, hotels, and other facilities will close their pools rather than worry about facing fines or spending money they can't afford to comply with this latest application of the ADA, particularly when it was never really meant to be used in such a punitive fashion?

Call it yet another example of the Law of Unintended Consequences punishing the innocent all in the name of “fairness”.