BACKGROUNDThe Americans with Disabilities Act, which became law in 1990, is a milestone in America's commitment to full and equal opportunity for all of its citizens. Beginning in 2000, when several manufacturers began introducing accessible golf cars (also known as single-rider golf cars) for use by golfers with a physical disability, the ADA took on added relevance for golf courses and their owners. The big question: Are courses required by law to provide accessible golf cars?In its latest action on the subject, on June 4, 2008, the Department of Justice (DOJ) posted a Notice of Proposed Rulemaking (NPRM) on its website. Many in the golf industry expected the 2008 NPRM to specifically address the accessible golf car issue. Instead the DOJ stated, “The Department has decided not to add a regulation (to the ADA) specifically addressing accessible golf cars at this time. As with free-standing equipment, the Department believes that the existing regulation is adequate to address this issue.”In 2006, the Department of Defense issued a regulatory ruling mandating that all military golf courses acquire accessible golf cars.IMPLICATIONS FOR GOLF COURSE OWNERS & OPERATORSWhile the DOJ in 2008 decided the regulations did not need to be amended to include a regulation specific to accessible golf cars, course owners and operators would be wise not to misinterpret the department’s position.The DOJ has, in fact, used existing ADA regulations in several court cases in recent years to require accessible golf cars. In the highest profile judgment thus far, following a complaint brought by two California disabled golfers against Marriott International, a California district court judge ruled that Marriott must provide accessible golf cars. One way to look at the situation is that DOJ regulations spell out how to comply with the ADA, but they do not specifically cover every example of noncompliance. The department considers accessible golf cars equipment to aid in a disabled person’s full and equal access to public facilities, and it does not specifically address all equipment requirements as they relate to golf or any other entity that falls under purview of the ADA.The test of ADA compliance within the eye of the law is full and equal enjoyment of the goods, services, facilities and privileges to the disabled person as that afforded the able bodied; in other words, a functionally equivalent experience. To that end, a business or facility must be prepared not to discriminate. Thus, in the absence of a specific DOJ regulation addressing accessible golf cars, the door remains open for disabled golfers to litigate in an effort to assert their belief that they are entitled to an accessible golf car under ADA guidelines.WHERE WE STANDThe NGCOA shares the American ideals for equal access as well as those that support a free market system. We also encourage our members, as well as all courses, to make their best efforts to make golf accessible to anyone who wants to play the game. We applaud courses that have decided to add accessible golf cars to their golf car fleets as a means of bringing more people into the game and growing their business. However, we have not felt it fair to require this additional expense of course owners and have made this point to the DOJ.WHAT THE NGCOA IS DOINGThe NGCOA is continuing to monitor the situation and will make members aware of any proposed changes in Department of Justice guidelines regarding this issue.WHAT YOU CAN DOGolf course owners who want to avoid or minimize legal disputes and serve a portion of the community of individuals with disabilities who may not be able to play golf without an accessible golf car would be well-served to review ADA guidelines and consult an attorney for further guidance. In addition, the NGCOA encourages courses to follow these guidelines when serving golfers with disabilities, mindful that neither individually nor collectively do they provide compliance or offer legal protection: