Golf Course Operators – Are You on Par with new ADA Requirements. By John Hendrie

“Fore”!  When we hear that clarion call, we all begin to bob and weave and cover our heads.  Well, we cannot elude that unknown anymore.  The ADA (Americans with Disabilities Act) requires public and private golf courses which permit public play or hold tournaments to meet course Standards by March 15, 2012.

By means of a synopsis of these requirements and some history, I defer to Martin H. Orlick, Esq., of JMBM Global Hospitality Group, who is considered a resource in ADA defense and compliance (by means of full disclosure, I do not know Mr. Orlick or dealt with his firm). 

But let me take a breakfast ball here and relate a story which showed me that a disability knew no boundaries for achievement.  Over thirty years ago, my Uncle Red and I were to play golf near Phoenix.  We were paired with a one-armed gentleman, whose left arm was cut off up to the elbow.  Never make assumptions about a disability.  Red carried a handicap of 14, me, probably a generous 23, and our playing partner shellacked us.  We were stunned, impressed and pleased to have had the opportunity to watch this display of athleticism and grace.  Thank goodness we had no money on the match.  It is still one of my golf tales and, sadly, my handicap has not improved much.

Any sport is about opportunity and accessibility.  Golf is no different, where specified, for private courses and clubs can still slide (they have other concerns with women and minorities covered under other laws).  However, in March, all public, municipal and private golf courses open to play by the general public must comply with the requirements of the new 2010 ADA Standards for accessible design, for newly constructed, altered and existing golf courses.

As Mr. Orlick states, “Golf course owners and operators must implement policies and procedures that ensure there are no barriers to entry which affect disabled golfers.”  Earlier ADA golf course standards were promulgated in 1991, and they included similar access requirements that others in retail (hotels, restaurants, shops, etc.) were to meet.  For golf courses, they included:

• Exterior accessible paths of travel
• Building entrances
• Course offices
• Public restrooms
• Restaurants and bars
• Public meeting rooms
• Pro shops/retail locations
• Clubhouses
• Locker rooms
• Accessible parking

We in Hospitality struggled with those requirements for our various businesses.  The 2010 ADA Standards applied to the golf course itself and the golf course elements, such as:

• Tee boxes
• Putting greens
• Golf cart passage on paths and on the course
• Practice facilities, greens, driving ranges
• Miniature golf courses
• Weather shelters
• Temporary facilities (bleachers for tournaments, portable facilities, concessions)

As Mr. Orlick noted, “by now owners and operators should have developed and implemented a compliance plan. Since the new standards were approved in 2010, you should have been on your game by now, and should have implemented an ADA barrier removal program”.

A specified number of teeing greens, putting greens and weather shelters must now be made accessible. Every putting green must be designed and built to permit a golf cart to enter, park, play the hole and exit. Practice greens, driving ranges and other practice areas must now provide a ratio of accessible elements. 

The ADA has a sense of humor, too.  Because golfers are not supposed to hit into the rough or hazards like bunkers, such elements are not required to be accessible.  Currently, there is no standard for golf carts, however, there is work afoot to determine the number of golf carts that must be at each course and to adopt safety standards for golf carts.

ADA Compliance can be a tricky thing, as we know with any law, and consultation with legal representation is always sound practice.  Even those who look at golf as a “good walk spoiled” understand the need for accessibility and the equality to suffer the indignities and frustrations of the sport.