Question
Read the following article about the duty of golf course owners to provide an accessible golf cart. The National Golf Course Owner Association also discussed
Read the following article about the duty of golf course owners to provide an accessible golf cart. The National Golf Course Owner Association also discussed other accommodations that may be necessary for customers with disabilities.http://www.ngcoa.org/pageview.asp?doc=2547
QUESTION: Assume you are the owner of a golf course and you do not provide accessible golf carts for customers with disabilities. You have checked, and the law does not specifically require this accommodation. Explain why failure to provide the accessible golf cart might result in a lawsuit brought by a customer under the ADA. You must include information from your book and/or the overview of Title III (below.) The article from the National Golf Course Owners Association may also help you. You will need 4-5 sentences to include
- Why your business and your customers are covered by the ADA;
- What the ADA requires regarding accommodations; and
- Why your customer might prevail in a lawsuit in the fact situation above.
American with Disabilities Act (ADA) Title III: Public Accommodations
Title IIIcovers businesses and nonprofit service providersthat are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities.
Public accommodations areprivate entitieswho own, lease, lease to, or operate facilitiessuch asrestaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs.Transportation services provided by private entitiesare also covered by title III.
Public accommodations must comply with basic nondiscrimination requirements thatprohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related toarchitectural standardsfor new and altered buildings; reasonable modifications to policies, practices, and procedures;effective communication with people with hearing, vision, or speech disabilities;and other access requirements. Additionally, public accommodations mustremove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.
Courses and examinationsrelated to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such asfactories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.
Complaints of title III violations may be filed with the Department of Justice. . . The Department is authorized to bring a lawsuit where there is apattern or practice of discrimination in violation of title III, or wherean act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits.www.ada.gov/cguide.htm
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