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Obama is going to cause a lot of pools to be closed this summer


By zzyzzx   Follow   Wed, 14 Mar 2012, 4:32am PDT   3,214 views   31 comments
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http://washingtonexaminer.com/opinion/columnists/2012/03/thursday-poolmageddon-trial-lawyers/367846

Thursday is 'Poolmageddon' for trial lawyers

President Obama's Department of Justice -- led by Attorney General Eric Holder -- has found a new way to make the Americans with Disabilities Act pay off for Democratic trial lawyer campaign donors.

Since the ADA first became law in 1990, the DOJ has been issuing "guidelines" that businesses must follow to comply with a multitude of the nation's civil rights laws.

For example, if a restaurant bathroom has a light switch that is 52 inches above the floor, then that business is in compliance. But if the light switch is 53 inches above the floor, than the restaurant owner is a civil rights violator subject to fines from the government and liable for civil damages from any disabled individual who ever used the bathroom.

The DOJ has been issuing a growing wave of such guidelines over the years, reaching an ever larger portion of business activities. In September 2010, the DOJ issued guidelines for "recreational facilities," including a new rule that all public access swimming pools must provide a lift capable of moving disabled patrons from their wheelchairs into the water.

Compliance with the rule requires pool owners to have a lift for each "water element" in their facility. So if your local community pool also has a spa, both the spa and the pool must be "accessible." But if you have two spas, don't worry, only one lift is required.

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.

But then industry leaders began hearing rumors last year that Obama's DOJ would require permanently fixed lifts for each pool and spa. They began to write letters to DOJ asking for clarification on the issue.

On Jan. 31 of this year, DOJ granted the industry's call for a clarification: But it was not the answer they wanted. All 300,000 public pools in the United States must install a permanent fixed lift. The deadline for compliance is tomorrow, March 15. Call it "Poolmageddon."

There is no way all 300,000 pools can install permanent lifts by Thursday. There simply are not enough lifts in existence or enough people who know how to install them, according to industry spokesmen. Plus, each lift costs between $3,000 and $10,000 and installation can add $5,000 to $10,000 to the total.

So what happens tomorrow when a disabled individual checks into a Holiday Inn and finds no lift at the pool? The Obama DOJ has said it will not be enforcing the new guidelines right away. That means no fines from the government, for now.

But the ADA also empowered citizens to sue businesses that are not in compliance with DOJ guidelines. The result will be a huge payday for enterprising trial lawyers everywhere.

"The enforcement is going to be by litigation," said Kevin Maher, senior vice president of governmental affairs for the American Hotel & Lodging Association. "A lot of drive-by lawsuits against business by law firms that are set up file to file spurious ADA claims."

These firms "often file lawsuits against every business in the community. A lot of times they are not even looking for businesses to comply with the ADA, they are just looking for a quick cash settlement to go away," Maher explained.

Besides being expensive and impossible to install in time, permanent lifts are also a health hazard. Most hotel pools do not have a lifeguard and kids can access them unsupervised.

The permanent lifts will be a magnet for children to play on, and because they are not designed for that, odds are good that some will get hurt. 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.

Comments 1-31 of 31     Last »

freak80   Wed, 14 Mar 2012, 4:45am PDT   Share   Quote   Permalink   Like   Dislike     Comment 1

Give me a break. Is this a parody of right-wing propaganda or the real thing?

zzyzzx   Wed, 14 Mar 2012, 5:43am PDT   Share   Quote   Permalink   Like   Dislike (2)     Comment 2

It's the real thing. Expect a lot of pools to be closed this summer.

Nomograph   Wed, 14 Mar 2012, 10:37am PDT   Share   Quote   Permalink   Like (3)   Dislike     Comment 3

wthrfrk80 says

Is this a parody of right-wing propaganda or the real thing?

No parody, it's real right-wing propaganda. Follow the link and you will see that it is an OPINION PIECE, not news.

The Washington Examiner is a fake newspaper that exists to promote right-wing propaganda:

http://en.wikipedia.org/wiki/The_Washington_Examiner#Political_views

Obama and the DOJ have clearly stated that this will not be enforced. "Poolmageddon will simply fade quietly into the night.

Nomograph   Wed, 14 Mar 2012, 10:39am PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 4

zzyzzx says

t's the real thing.

Don't you get tired of being deceived and lied to by your Conservative Messiahs?

Patrick   Wed, 14 Mar 2012, 10:58am PDT   Share   Quote   Permalink   Like (3)   Dislike     Comment 5

I heard Obama taxed Christmas trees because he hates Christmas, and Christians.

That's how liberals are, you know.

Honest Abe   Fri, 16 Mar 2012, 12:28am PDT   Share   Quote   Permalink   Like   Dislike (2)     Comment 6

Patrick, that IS how liberals are. You are becoming so much more perceptive than in the past. BRAVO!! I applaude your growth.

BTW, its none of my business how much a greedy CEO makes...unless I'm a stockholder. Then I have a RIGHT to be pissed off. Get it?

freak80   Fri, 16 Mar 2012, 3:44am PDT   Share   Quote   Permalink   Like   Dislike     Comment 7

Honest Abe says

Patrick, that IS how liberals are. You are becoming so much more perceptive than in the past. BRAVO!! I applaude your growth.

Is this a parody of the far-right, or the real thing?

Honest Abe   Fri, 16 Mar 2012, 3:59am PDT   Share   Quote   Permalink   Like   Dislike     Comment 8

Liberals live in a fantasy world of Robin Hood and Utopia. The problem is when you promise everything to everyone, you kill the goose which lays the golden eggs and everything collapses. aha ha

freak80   Fri, 16 Mar 2012, 4:28am PDT   Share   Quote   Permalink   Like   Dislike     Comment 9

Is this a parody of the far-right, or the real thing?

(From now on, I'll use the following abbreviation to save time:

"ITAPOFRORT?")

Vicente   Fri, 16 Mar 2012, 5:35am PDT   Share   Quote   Permalink   Like (1)   Dislike     Comment 10

zzyzzx says

The deadline for compliance is tomorrow, March 15. Call it "Poolmageddon."

It would help if you follow up with some pictures of pool closures. Maybe some crowds of kids pressed up against a fence, pining for a swim. Wait not just a fence how about showing Federal agents installing RAZOR wire to keep them out. And some ATF agents in paramilitary gear photos too, those are always cool addition to anything with "-mageddon" tacked onto it.

freak80   Fri, 16 Mar 2012, 6:48am PDT   Share   Quote   Permalink   Like (1)   Dislike     Comment 11

Vicente says

those are always cool addition to anything with "-mageddon" tacked onto it.

It's almost as bad as the suffix "-gate."

Kevin   Fri, 16 Mar 2012, 4:10pm PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 12

Vicente says

zzyzzx says

The deadline for compliance is tomorrow, March 15. Call it "Poolmageddon."

It would help if you follow up with some pictures of pool closures. Maybe some crowds of kids pressed up against a fence, pining for a swim. Wait not just a fence how about showing Federal agents installing RAZOR wire to keep them out. And some ATF agents in paramilitary gear photos too, those are always cool addition to anything with "-mageddon" tacked onto it.

“Eagles are dandified vultures” - Teddy Roosevelt

You forgot about the Black Panthers armed with assault rifles guarding the gates to keep everyone out of the pools while Ayers has an orgy with ACORN members and George Soros eats a baby.

Nomograph   Sat, 17 Mar 2012, 12:20am PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 13

Meanwhile March 15th has come and gone with no lawsuits.

Furthermore, the Obama administration has already stated that this will not be enforced and the ADA rules will need to be clarified.

More fail from the far right.

Honest Abe   Sat, 17 Mar 2012, 12:47am PDT   Share   Quote   Permalink   Like   Dislike (1)     Comment 14

Kevin, no, it was THE NEW BLACK PANTHERS, with billy clubs, guarding the polling place in Philly.

Acron is raking in $millions of taxpayer dollars from the 50% who pay federal tax (the productive class) and spending it to "further their own agenda" which just so happens to be the exact opposite of that of the productive class. Ain't America great!

And sOrOs just wants to financially screw who ever happens to be living.

Patrick   Sat, 17 Mar 2012, 4:32am PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 15

I heard that that Obama is going to tax Christians and use the money to cater gay weddings.

Actually Acorn's total federal funding was only $2.5M:

ACORN's annual budget is $25 million, Kettenring said. Of that, about 10 percent is federal money and a much smaller share comes from state and local governments,

http://www.msnbc.msn.com/id/32925682/ns/politics-more_politics/

ACORN was a gnat on the ass of an elephant. ACORN is extinct, gone, but the elephant is bigger than ever.

The elephant is the top 0.1% eating the productive middle class and paying lower taxes to boot.

You've got your priorities reversed, which is just how they like it.

Honest Abe   Sat, 17 Mar 2012, 5:28am PDT   Share   Quote   Permalink   Like   Dislike (1)     Comment 16

http://www.judicialwatch.org/blog/2010/03/acorn-operating-under-different-name/

Patrick, the "total" funding is not $2.5M, its millions PER YEAR. And the crime infested orginization is not gone, they simply changed their name.

Does the fact that the .00001% earn's more, does that mean I have to earn less????? I haven't noticed my income going down (well other than inflation which is caused by the non-productive class of politicians).

What am I missing?

P.S. What the government likes is when half the population is at the throat of the other half. Why? Because it takes the focus off the real problem, which is irresponsible government gone wild.

Sincerely,

Abe

Patrick   Sat, 17 Mar 2012, 7:17am PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 17

Honest Abe says

Does the fact that the .00001% earn's more, does that mean I have to earn less?????

Yes, if they take it from you by corrupting our laws and institutions.

Honest Abe says

What am I missing?

You're missing the GIGANTIC theft of your money by Wall Street, lobbyists, corrupt tax laws favoring the very rich, etc.

Honest Abe says

when half the population is at the throat of the other half

It's not half and half. It's the 0.1% that is at the throats of the 99.9%.

Nomograph   Sat, 17 Mar 2012, 8:55am PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 18

Honest Abe says

ACORN

Abe actually believes that welfare recipients have all the power in this country.

Nomograph   Sat, 17 Mar 2012, 3:32pm PDT   Share   Quote   Permalink   Like (1)   Dislike     Comment 19

WHERE ARE ALL THE POOL LAWSUITS YOU PROMISE ME POOL LAWSUITES OBAMA

freak80   Sat, 17 Mar 2012, 3:37pm PDT   Share   Quote   Permalink   Like   Dislike     Comment 20

Nomograph says

Meanwhile March 15th has come and gone with no lawsuits.

Furthermore, the Obama administration has already stated that this will not be enforced and the ADA rules will need to be clarified.

More fail from the far right.

Beware of the Ides of March.

Dan8267   Sat, 17 Mar 2012, 4:30pm PDT   Share   Quote   Permalink   Like   Dislike     Comment 21

zzyzzx says

For example, if a restaurant bathroom has a light switch that is 52 inches above the floor, then that business is in compliance. But if the light switch is 53 inches above the floor, than the restaurant owner is a civil rights violator subject to fines from the government and liable for civil damages from any disabled individual who ever used the bathroom.

A disabled person cannot collect damages punitive or otherwise under the American with Disabilities Act. He can only collect legal fees.

Dan8267   Sat, 17 Mar 2012, 4:32pm PDT   Share   Quote   Permalink   Like   Dislike     Comment 22

zzyzzx says

"A lot of drive-by lawsuits against business by law firms that are set up file to file spurious ADA claims."

Yes, this is a problem with the ADA. Such lawyers should be disbarred. That would stop frivolous law suites. No lawyer would risk being banned from practicing law; he'd have to get a real job. Furthermore, any business that has a non-compliance issue should be given 30 days to fix it without liabilities for legal fees. That is a reasonable fix to the problem.

zzyzzx says

By the way, trial lawyers gave President Obama more than $45 million in 2008.

How much have trial lawyers given to Republicans? I bet they lobby both sides, a lot.

elliemae   Sun, 18 Mar 2012, 4:08pm PDT   Share   Quote   Permalink   Like (3)   Dislike     Comment 23

How dare they have legislation that mandate accessibility to the handicapped? How dare they set standards that make it easier for people in wheelchairs to function in society?

More importantly, it's reprehensible that a president be serving during the time that some of these laws are being enforced. Especially a Democratic liberal.

Thank god(ess) none of these laws were enforced during the Bush years. At least he had the good grace to be a callous asshole who didn't give a shit about the handicapped.

freak80   Sun, 18 Mar 2012, 11:15pm PDT   Share   Quote   Permalink   Like (2)   Dislike     Comment 24

Is a godess a female version of the Flying Spaghetti Monster?

Honest Abe   Mon, 19 Mar 2012, 4:18am PDT   Share   Quote   Permalink   Like   Dislike (1)     Comment 25

Elliemae, yes there should be laws for accessibility, and written into the law should be consequences for violating the law.

The crooks in congress write the law but leave enforcement up to the sleezy lawyers to file $100 million lawsuits for the tinyest violation.

Honest Abe   Mon, 19 Mar 2012, 4:23am PDT   Share   Quote   Permalink   Like   Dislike (1)     Comment 26

Patrick, the 1% are not corrupting our laws and institutions. Thats being done by our President, Attorney General and Congress.

Corrupt tax laws are written, authorized and approved by congress, not the 1%'rs.

BTW, where's the outrage from the 99% when a Basketball player signs a $120 million contract???

And when said player earns that money, do I automatically earn less??? I still don't get that part.

Abe

Patrick   Mon, 19 Mar 2012, 10:29am PDT   Share   Quote   Permalink   Like (1)   Dislike     Comment 27

Honest Abe says

Patrick, the 1% are not corrupting our laws and institutions.

Actually they are. They're the only ones with enough money and power to get the laws written to favor themselves.

Honest Abe says

Corrupt tax laws are written, authorized and approved by congress, not the 1%'rs.

The Congressmen work for the 1%, hoping to get a job as a lobbyist later if they obey, kiss up, and vote for the 1%'s laws without reading them.

http://www.republicreport.org/2012/make-it-rain-revolving-door/

Who pays the lobbyists? You guessed it!

Honest Abe says

And when said player earns that money, do I automatically earn less??? I still don't get that part.

You earn less and get charged more for everything because of the continuous stream of laws written by and for the 1%.

Examples:

* They limit your ability to unionize against them.
* The limit your ability to get health care unless you obey them absolutely and without question in a salaried job.
* The outsource your job by passing various "free trade" agreements which always lower US wages.
* They increase your costs for pretty much everything you buy by limiting competition and new entrants via regulations which they write:

http://www.gresham.ac.uk/print/1789

You lose again when you support crony capitalism instead of real competition. I wouldn't care, but your support for the 1%'s corruption of our laws is screwing the rest of us too.

Honest Abe   Wed, 21 Mar 2012, 2:39pm PDT   Share   Quote   Permalink   Like   Dislike (1)     Comment 28

Patrick, who then is the "criminal"? The one who offers a bribe (the lobbyist), or the one who accepts (the congresscritter)?

We get charged more due to inflation - an expansion of the money supply - brought to all of us by The Fed and a willing government.

No, the unions rise the prices of every product in the industry they are involved in because the higher wage and benefit package they negotiate is ultimately passed on the the consumer/citizen. For example, there is a cost, in the thousands, for every car built and sold to cover the legacy costs of hundreds of thousands of former employees.

And Patrick, your beloved government, congress specfically, is the group which write the laws and oppressive regulations which limit competition. Government does that, not private enterprise.

I maintain the only people who have a right to protest about the 1% are those who are stock holders. Otherwise its none of your business how much they personally earn. Just like its none of your business how much any professional athlete earns. Is it?

IMHO you have a scarcity mentality, as opposed to an abundance mentality. You seem to believe if one "wins" someone else must "lose". I believe both can win, and no one is "screwing the rest of us" as you said.

As long as there is the opportunity for free enterprise, people will rise to the limit of their ability and talent. One persons success is not another persons downfall.

I believe your comments support my contention that big, intrusive government is the problem. Big government is a hinderence to opportunity, freedom and success. Thank you.

Patrick   Thu, 22 Mar 2012, 12:29pm PDT   Share   Quote   Permalink   Like (1)   Dislike     Comment 29

Honest Abe says

And Patrick, your beloved government, congress specfically, is the group which write the laws and oppressive regulations which limit competition. Government does that, not private enterprise.

At least we agree that many regulations are intended to limit competition.

Government doesn't do that unless it is captured and controlled by business.

Honest Abe says

As long as there is the opportunity for free enterprise, people will rise to the limit of their ability and talent.

But there won't be, as long as the 1% is writing our laws to prevent competition.

Kevin   Thu, 22 Mar 2012, 6:17pm PDT   Share   Quote   Permalink   Like   Dislike     Comment 30

Patrick says

Government doesn't do that unless it is captured and controlled by business.

Well, no. Plenty of competition-limiting regulations are created due to things like natural monopolies. You do not want competing sewers, highways, and power grids for instance. That means you either make them government owned, or you accept a tightly regulated monopoly.

Vicente   Thu, 22 Mar 2012, 6:23pm PDT   Share   Quote   Permalink   Like   Dislike     Comment 31

Honest Abe says

Patrick, who then is the "criminal"? The one who offers a bribe (the lobbyist), or the one who accepts (the congresscritter)?

The lobbyist clearly is guilty. Attempting to break it into an "or" question is either moronic muddled thinking or criminal misdirection. "Your honor I just paid for and ordered the assassination, I didn't actually pull the trigger and murder that family, therefore I'm innocent."

Framing the question this way, is typical of apologists for private criminality. A transparent attempt to shift the entire blame onto B so that A gets absolved.

It probably goes right over your head, but bribery cases are prosecuted as 2 separate crimes. Criminal guilt in each half of the transaction is not comparative with the other. Consequently there have been instances where A was convicted of offering a bribe, that B was judged not guilty of taking.

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