Monday will be Memorial Day. For many Americans, Memorial Day is simply the front end of summer. On Monday, summer will begin.
There are many summer traditions but perhaps one of the most cherished is the swimming pool. Fortunately this is an election year so swimming pools have received a one-year reprieve from the Obama regime.
The problem comes from the Americans with Disabilities Act. The ADA was a good piece of legislation when it first came along in 1990. My late mother in law was confined to a wheel chair because of childhood polio. She worked for the Commonwealth of Virginia for years. However, the bathrooms in her building were so small that a wheelchair could not fit in. She would work for ten or twelve hours a day without a bathroom break.
Now, the Obama Regime is using the ADA to demand that all swimming pools add handicapped lifts so that people who are in wheelchairs will be allowed to get into pools.
The problem with these lifts is that they are very expensive. For some pools, the cost could be $100,000.
With the threat of pools closing for this summer, the Obama Regime backed off. The new rules would not be put into effect until after the election. What a stroke of luck. Obama has managed not to offend another group of Americans: swimmers.
One of the problems with the ADA is that owners who are out of compliance can be fined every day they are not in compliance. The risk for many pool owners is that some soup Nazi bureaucrat would come along and decide there is some hyper-technical violation of the law and impose a draconian fine on the business owner.
Many pool owners are faced with the choice and may well decide not to take the risk and simply close their pools.
In other words, swimming in pools could become nothing but a distant American memory, much like drive in movies, if the Obama Regime has its way.
The Obama Regime has promised that the rules apply only to new pools, not old ones and issues related to older pools would be considered on a case-by-case basis. They have said they would make sure that the law was enforced where the accommodations for a disabled person must be “readily achievable.” The Obama Regime is claiming that means these modifications to pools can be made easily and inexpensively.
Does anyone really believe them?
They are saying that now but what will they say if there is a second Obama term and he does not have to face the voters again?
The real problem here is a law that allows unelected bureaucrats to create rules and regulations that Congress never considered or even contemplated.
We have far too many laws with what is called “enabling legislation,” or a portion of the law that allows bureaucrats to write rules and regulations.
If Congress wants to do something for America, they can save our summers by taking this power away from the Department of Justice. If they want to save America, they can help do that by never passing another law that allows unelected bureaucrats the power to make rules and regulations.
G. Gordon Liddy wrote a book a few years ago called, “When I was a kid, this was a free country.” If we do not roll back the power of unelected bureaucrats, our children will be telling their children about the summertime marvel we used to have called swimming pools.
Tags: act, americas, department, disabilities, justice, obama, of, pools, swimming, with
Permalink Reply by Thomas Nunn on May 26, 2012 at 9:24pm "If Congress wants to do something for America, they can save our summers by taking this power away from the Department of Justice. If they want to save America, they can help do that by never passing another law that allows unelected bureaucrats the power to make rules and regulations."
Only the house and senate is vested with the power to make laws, so why are all of these "Department" of Government making laws the house and senate never voted to approve??
And what about these laws the UN is trying to enforce in this country??
Seems to me everybody is ignoring the Constitution and attempting to change it without using the amendment process prescribed by the Constitution.
Permalink Reply by Melissa Ortiz on May 26, 2012 at 9:25pm No one is making a new law, Thomas Nunn. They are simply suddenly deciding to enforce a law that was passed in 1990.
Permalink Reply by Chas Jones on May 27, 2012 at 12:26am I seem to recall language such as "reasonable accommodation." The idea that government [especially the federal government] has any lawful authority to mandate pool specifications is absurd. It is equally absurd to think that all "disabilities" may be overcome by the spending of tax dollars ... OR should be even were it possible.
Let compassionate LOCAL citizens and innovators work through such issues and leave government [especially the federal government] out of it.
Permalink Reply by Melissa Ortiz on May 27, 2012 at 12:28am I completely agree, Chas.
Permalink Reply by Peg Whitten on May 26, 2012 at 9:37pm Many pool owners are faced with the choice and may well decide not to take the risk and simply close their pools.
Permalink Reply by Melissa Ortiz on May 26, 2012 at 9:42pm They've had 20 years to comply, so I really don't feel sorry for them if they get caught. I still wonder why the DOJ has suddenly decided to focus on this. From what are they attempting to distract everyone?!
Permalink Reply by Melissa Ortiz on May 27, 2012 at 2:02pm That fact kills me, Peg, and is a great way to turn sentiment against PWD, which I believe is the real intent of this Admin.
Permalink Reply by BARB SAMUELLS on May 26, 2012 at 10:30pm Ah yes! The phasing in of dictates basd on vote getting...along with the spreading of money to union projects.
In one rural county in Ohio every town has each sidewalk intersection ripped up to install handicapped access ramps. What a mess and what a huge expense. Meanwhile there are not 6 people in the entire county who are in wheel chairs and able to be out of a the nursing home at all.
Where did all that money for the union construction jobs come from?? And what a waste! Could pay for 12 hour daily attendence for the 6 people, save money and be a bettter help to those in wheel chairs.
Permalink Reply by JOHN DELASAUX on May 27, 2012 at 12:05am Premier Obama promised that we could keep our current doctor.
How are we doing with that promise -- not too well !!!
Look out for all the new promises about pools.
The way things are going, we might as well fill them in and plant trees, bushes and flowers.
Take a cool shower.
Permalink Reply by Debrajoe Smith-Beatty on May 27, 2012 at 7:24am Thanks
The way around beauracracy is to ignore it. Local inspectors come,,, shoo them away! The problem is too many concede to stupidity instead of kicking it in the ass. Which are you?
Permalink Reply by Judson Phillips on May 27, 2012 at 7:45am © 2013 Created by Judson Phillips.