US Army Second Lieutenant Melissa Stockwell, her left leg blown off by a roadside bomb in Baghdad, competes in the 2008 Bejiing Paralympic Games, Fox News, 2008. "Decorated US Army Veterans Look for Medals at Paralympics," available at http://www.foxnews.com/story/0,2933,418002,00.html.
The new health care reform legislation, the Patient Protection and Affordable Care Act of 2010 (PPACA), has impacted almost every type of business. The US government continues to roll out explanatory rules and regulations on the provisions of PPACA. Health clubs and spas are another part of the business world which must pay attention. The Department of Justice issued Revised Regulations on Accessible Pools on May 24, 2012 on the accessibility requirements under Title III of the Americans with Disabilities Act for swimming pools. There are some tricky parts of this law, including its potential application to smaller private swimming pools which may open themselves up to public use. The law applies generally to newly constructed or modified pools. Larger pools may require two accessible means of entry, while smaller pools may need only one. Under Title III of the Americans with Disabilities Act, physical barriers to access by the disabled must be removed if they are "readily achievable." Note the magic words "readily achievable. Sloped pool entrances or swimming pool lifts may be needed for compliance. The Department of Justice will evaluate on a case by case basis if it will exercise its "prosecutorial discretion" in enforcing the access rules. The Department will consider several factors in making this evaluation, including the nature and cost of the modification and the available resources of the entity which owns the pool. A parent company's resources may also be considered, depending upon the corporate structure of the spa or health club.
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