Welcome to Our Seminar

2. Welcome to Our Seminar • Interactive environment • Questions, comments and observations are encouraged.

3. Fred Brattain - Facilitator • Disabled Veteran • CEO and Director of Instruction The Disabled Golfer’s Learning Foundation, Inc. a 501c(3) Corporation • Golfer since 1958 • Certified Instructor since 1990

4. This Slide Show • This SlideShow is available from two separate locations. • Our website www.DisabilityGolfer.org/ADASeminar • Password is “IWantToPlay” no quotes – case sensitive • The GCSAA website www.gcsanc.com

5. The Americans With Disabilities Act • What it means to you and your business • Compliance is not optional • Increased business • Increased Profits • Improved Community Relations • Mandatory Compliance date is 1/31/2013

6. What is a disability? • Disability. The term "disability" means, with respect to an individual • (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; • (B) a record of such an impairment; or • (C) being regarded as having such an impairment

7. Major Life Activities In general. For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major bodily functions. For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

8. Determination of Limitations The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures… In other words just because someone has an aid or adaptive technology or device does NOT mean they are no longer disabled.

9. Determination of Limitations • The determination of a limitation does not include any prosthetic, medication, or learned adaptive behavior. • This means that even if someone is well adapted, they are still considered disabled for purposes of this act. • (Just because I can play golf and walk in knee braces doesn’t mean that I am no longer a disabled golfer).

10. Discrimination General rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

11. WHAT IS DISCRIMINATION? • Denial of participation. It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.

12. SEPARATE BUT EQUAL IS DISCRIMINATION • Participation in unequal benefit. It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.

13. Separate but Equal is Discrimination • Opportunity to participate. Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.

14. The 30th Olympiad • Under the ADA the young man running for South Africa on prosthetic legs could NOT be refused an opportunity to qualify and compete in any track meet in the United States. • The USGA has been very slow to understand and accept that accommodations must be made in almost every area except for the visually impaired. It’s getting much better now.

15. ASSOCIATION • Association. It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

16. Discrimination • Discrimination. For purposes of subsection (a) of this section, discrimination includes: the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.

17. Discrimination (cont.) A failure to make reasonable modifications in Policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations

18. Discrimination (cont.) A failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden; CASEY MARTIN suit hinged on this concept.

19. Discrimination (cont.) A failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities.

20. Some Points • Doors must be easily opened with a maximum pull or push required of 5 pounds. • Wherever there are stairs, there must also be ramp access. • Sinks, mirrors, towel dispensers or hand dryers and toilets must be accessible to people in a wheelchair. (no sharp edges under the sinks) • Directional signs within the facility (not on the course) must include braille. • Toilet facilities on the course must be accessible in all particulars (no 3x3 outhouses).

21. ADA Rules for Golf Courses Golf. 15.4.1 General. Newly designed or newly constructed and altered golf courses, driving ranges, practice putting greens, and practice teeing grounds shall comply with 15.4.

22. ADA Rules for Golf Courses (2) 15.4.2* Accessible Route - Golf Course. An accessible route shall connect accessible elements and spaces within the boundary of the golf course. In addition, an accessible route shall connect the golf car rental area, bag drop areas, practice putting greens, accessible practice teeing grounds, course toilet rooms, and course weather shelters.

23. ADA Rules for Golf Courses (3) • The accessible route required by this section shall be 48 inches (1220 mm) minimum wide. Where handrails are provided, the accessible route shall be 60 inches (1525 mm) minimum wide.

24. ADA Rules for Golf Courses (4) EXCEPTION 1: A golf car passage complying with 15.4.7 shall be permitted in lieu of all or part of an accessible route required by 15.4.2. EXCEPTION 2: The handrail requirements of 4.8.5 shall not apply to an accessible route located within the boundary of a golf course.

25. ADA Rules for Golf Courses (5) 15.4.3* Accessible Route - Driving Ranges. An accessible route shall connect accessible teeing stations at driving ranges with accessible parking spaces and shall be 48 inches (1220 mm) wide minimum. Where handrails are provided, the accessible route shall be 60 inches (1525 mm) wide minimum. EXCEPTION: A golf car passage complying with 15.4.7 shall be permitted in lieu of all or part of an accessible route required by 15.4.3.

26. ADA Rules for Golf Courses (6) 15.4.4 Teeing Grounds. Teeing grounds shall comply with 15.4.4. 15.4.4.1 Number Required. Where one or two teeing grounds are provided for a hole, at least one teeing ground serving the hole shall comply with 15.4.4.3. Where three or more teeing grounds are provided for a hole, at least two teeing grounds shall comply with 15.4.4.3. 15.4.4.2 Forward Teeing Ground. The forward teeing ground shall be accessible.

27. ADA Rules for Golf Courses (7) EXCEPTION: In alterations, the forward teeing ground shall not be required to be accessible where compliance is not feasible due to terrain. 15.4.4.3 Teeing Grounds. Teeing grounds required by 15.4.4.1 and 15.4.4.2 shall be designed and constructed so that a golf car can enter and exit the teeing ground.

28. ADA Rules for Golf Courses (8) 15.4.5 Teeing Stations at Driving Ranges and Practice Teeing Grounds. Where teeing stations or practice teeing grounds are provided, at least 5 percent of the practice teeing stations or practice teeing grounds, but not less than one, shall comply with 15.4.4.3.

29. ADA Rules for Golf Courses (9) • 15.4.6 Weather Shelters. Where weather shelters are provided on a golf course, each weather shelter shall have a clear floor or ground space 60 inches (1525 mm) minimum by 96 inches (2440 mm) minimum and shall be designed and constructed so that a golf car can enter and exit.

30. ADA Rules for Golf Courses (5) 15.4.7 Golf Car Passage. Where curbs or other constructed barriers are provided along a golf car passage to prohibit golf cars from entering a fairway, openings at least 60 inches (1525 mm) wide shall be provided at intervals not to exceed 75 yds (69 m). 15.4.7.1 Width. The golf car passage shall be 48 inches (1220 mm) minimum wide. 15.4.8 Putting Greens. Each putting green shall be designed and constructed so that a golf car can enter and exit the putting green.

31. JUDICIAL CONSIDERATION Judicial consideration. In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.

32. Could Have Reasonably Anticipated • We always hear “No disabled people have ever shown up to play” We will talk about WHY later • However, with the published deadlines for ADA compliance, the previous clause will probably not hold up as a viable excuse/defense in the event of a challenge to your facility.

33. FINES The court may, to vindicate the public interest, assess a civil penalty against the entity in an amount (i) not exceeding $50,000 for a first violation; and (ii) not exceeding $100,000 for any subsequent violation. NOTE: There is also a daily penalty of $1000.00 per day for failure to comply.

34. Summary (What this means) • You cannot discriminate in any way against a disabled person. • You cannot discriminate in any way against a person for associating with a disabled person • If you are brought into court for alleged discrimination, the burden of proof of “undue hardship” lies with you.

35. Examples • If a person with impaired mobility wants to play at your facility they are allowed to take a cart anywhere that you allow a non-disabled person to walk. • You cannot charge a rider fee for a caddy/coach for a visually impaired golfer.

36. Examples • If a visually impaired golfer comes to your facility without a caddy/coach you must provide one at YOUR expense or pair the golfer up with someone willing to take on that role. • If a mobility impaired golfer cannot drive a golf cart, and you have none with hand controls, you must provide a driver at your expense or pair this golfer with someone who can drive.

37. Examples • You cannot restrict golf cart access to the parking lot for a disabled person. • All tees, greens and fairways must have sloped access at some point rather than stairs. If you have an island green, for instance, the bridge must be wide enough to accommodate a full size golf cart. In EVERY CASE listed above, the courts have determined that the facility owner cannot claim undue hardship.

38. Suggested Strategies • Team up with other courses in your area and create a stable of adaptive golf carts. (ParaMobile, and hand control carts). When a disabled person makes a tee time, reserve one of these carts and have it available when the disabled person arrives at your facility. • For More Information go to: info@standupandplay.org

39. Suggested strategies (2) • TRAIN YOUR STAFF (especially course marshals) to be observant and diplomatic when dealing with cart access issues. • TRAIN YOUR STAFF in the shop to handle these situations with tact and sensitivity.

40. Dealing with People with Disabilities • What’s in it for me? • Increased revenue • Increased community image and reputation • The knowledge that you are doing something right • Facts • There are over 55 MILLION disabled people in the USA. • If 1 % of these people play golf two times a year, that is an increase of 1.1 MILLION rounds of golf played in the USA.

41. Dealing with People with Disabilities • Facts (cont.) • The disposable income of the disabled population in the USA is estimated at over 3 TRILLION dollars per year. • This population is looking for ways to live a more full life • With the improvement in our battlefield triage methods, we have more young disabled people in this country than ever before. • The disabled community is tight knit and vocal.

42. Legalities • You can ask to see proof that someone is legally disabled when granting access/permissions. • Anyone who is disabled has a handicap placard from the local DMV if their disability is not obvious. • You CANNOT ask the nature of someone’s disability • Lacking proof, you must take their word for their claim of disability.

43. Do’s and Don’ts • Do NOT stare • Make eye contact • Ask if you can do something to make their visit/round more enjoyable. • Do NOT insist on helping • Treat this person as you would any other (that’s all we want anyway)

44. Points to Ponder • It takes courage to go in public with a disability. • It takes a LOT of courage to try to play golf with a disability • When treated well, the disabled will become intensely loyal customers. (we go back to places that know how to do it right, and tell our friends). • No one who wants to play golf is going to abuse the course. We are grateful for the chance to play, and will do everything within our power to make sure we are welcome again.

45. Suggestions • In your next ad in the local paper insert the following: “We are an ADA compliant facility, and welcome those with physical challenges who wish to come play our course. Our staff is trained to help make sure your golf outing at StoneBrae is everything both we and you want it to be.” Possibly include; “Those with service connected disabilities (including firefighters and police officers) always receive a 10% discount on all services and products at StoneBrae. This is just a small way to say “Thank You” for your service to this country.”

46. Looking Forward • Revenues will increase. • Rounds will increase. • Your staff will become more in tune with how to deal with all people, not just those with disabilities. • The public image of your facility will improve. • You will have the satisfaction of doing something right for the community.

47. Thank You • It has been our honor and privilege and pleasure to speak with you today regarding these issues and to help you in moving forward. • If you have further questions, our contact information is on the business card which you found on your seat upon arriving this morning. • Fred Brattain The Disabled Golfer’s Learning Foundation, Inc. ( a 501c3 Corporation)