UPDATE AT BOTTOM
The long arm of government regulation has reached down to the bottom of the community and hotel swimming pool and pulled the plug. And Portland Public Parks and Rec, THPRD, Homeowners Associations, hotels–maybe as many as 300,000 pools across the US– may  have to close their swimming pools starting today or face civil rights lawsuits.

It’s government gone wild and a trial lawyers dream. 

As we talked about on the program yesterday, today is the day the Obama Administration’s Justice Department has green lighted lawsuits against facilities–public and
some private–that are not equipped with a PERMANENT pool lift for the handicapped.

See if your pool could be closed today (below):

City of Portland Pool Locations

ADA Compliant

Portland Parks and Rec wasn’t answering its phone at 11:15 yesterday morning when we called to ask about their preparation for the new rules. Tualatin Hills Park and Rec told us they were “working toward” compliance.

Not ADA Compliant

Conn Carroll over at the Washington Examiner (here) says pool operators asked for a clarification on what constituted ADA approved access and found out lifts most pools have–if they have one at all–aren’t good enough for the government.

In fact, most people in the swimming pool industry thought that one portable lift would be enough. Pool owners claim they were led to believe that, as long as they had one device that could be wheeled out whenever someone needed help getting into or out of a pool or spa, there would be no need intrusive permanent fixtures

No such luck.

In fact, each type of pool must be equipped with an ADA certified PERMANENT lift. For instance if a facility has a spa and pool, each will have to be outfitted with a lift.

The cost of the lifts appear to be anywhere from $1500.00 to $7000.00, but that, of course, is not the entire cost. Permits, prevailing wages, closed pools all cost a bunch of dough.

Who will have to pay for the upgrades? In a clarification of his original story, the Washington Examiner’s Carroll says it’s going to hit big and small pool operators alike:

Unless your pool is part of your private residence, you are probably subject to ADA guidelines. Here is the exact wording from the Justice Department:

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, 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 entities are also covered by title III.

So even the Clackamas Aquatic Park where I occasionally swim laps isn’t up to scratch on the ADA regs. It has a long ramp leading to one of the pools meant to make it easier to allow access, but doesn’t to my knowledge have a permanently placed lift to give handicapped government approved access. They would have to close and become compliant before being able to reopen the facility to the HUNDREDS OF PEOPLE who use it EVERYDAY. Same for THPRD.

While the Obama Administration claims it won’t immediately start going after pool operators that doesn’t mean lawyers won’t go after pools for these “civil rights violations.”

Carroll also wonders if the permanently placed lifts will become an attractive nuisance for kids.

This, of course, would open up these facilities to other kinds of lawsuits when they get hurt playing on it. But he notes a silver lining:

But then again, each injured kid is just another payday for trial attorneys.
By the way, trial lawyers gave President Obama more than $45 million in 2008.
Have a nice summer.

JUST IN: HOLDER SAYS HE’LL WAIT 60 DAYS BEFORE IMPLEMENTING THIS IDIOTIC LAW.