Miniature Golf

Miniature Golf Courses. The Department proposes to adopt the requirements for miniature golf courses in the 2004 ADAAG. However, it requests public comment on a suggested change to the requirement for holes to be consecutive. A commenter association argued that the “miniature golf experience” includes not only putting but also enjoyment of “beautiful landscaping, water elements that include ponds, fountain displays, and lazy rivers that matriculate throughout the course and themed structures that allow players to be taken into a ‘fantasy-like’ area.” Thus, requiring a series of consecutive accessible holes would limit the experience of guests with disabilities to one area of the course. To remedy this situation, the association suggests allowing multiple breaks in the sequence of accessible holes while maintaining the requirement that the accessible holes are connected by an accessible route.

The suggested change would need to be made by the Access Board and then adopted by the Department, and if adopted, it would apply to all miniature golf courses, not only existing miniature golf facilities.

Question 59: The Department would like to hear from the public about the suggestion of allowing multiple breaks in the sequence of accessible holes, provided that the accessible holes are connected by an accessible route. Should the Department ask the Access Board to change the current requirement in the 2004 ADAAG.

Comment: We strongly oppose anything that would change or weaken the 2004 ADAAG requirement that the accessible holes in miniature golf must be consecutive. We are concerned that allowing any breaks in the sequence of accessible holes at a miniature golf course will disrupt the flow of play for persons with disabilities and create a less socially integrated experience. Ensuring an integrated experience for persons with disabilities is a primary goal of the ADA and was the reason to have the consecutive holes requirement in the first place. Consider an outing by a parent, who is a wheelchair user, and his or her child. Without the consecutive holes requirement, the pair’s round of miniature golf could be interrupted every other hole. This will create an uncomfortable situation for persons with disabilities who must repeatedly cut in and out of line between other patrons playing the course, creating an awkward situation where they must explain and assert to other patrons why they may cut into line. Additionally, there is no guarantee that miniature golf operators will provide access to the holes that are most representative of those with landscaping, water elements, or a “fantasy-like” experience. If the consecutive holes requirement is removed, many operators may only provide access to the holes on the edge of the course, which could be the holes least representative of the most diverse experiences. Moreover, operators may not understand that having breaks in consecutive accessible holes may require more accessible routes and space to connect the holes than would otherwise be required. If miniature golf course operators want to provide access to additional holes, to provide a better experience for their patrons with disabilities, they are certainly welcome and encouraged to do so. Indeed, existing guidelines already recommend that designers attempt to provide a playing experience that is as equivalent as possible to the experience of golfers without disabilities.

It is our understanding that operators of miniature golf courses on small parcels of land that are built up vertically to add challenge and adventure are concerned about the impact on their existing facilities. Providing an accessible route to 50% of their holes may be difficult. But in these cases, the ADA’s provisions of readily achievable barrier removal and program access already take the needs of these operators into account, and provide the limitations that will afford them the relief they need. No additional relief is needed, and adding weakening provisions would damage the ADA’s approach of individualized, case-by-case assessment.

Miniature golf courses. Section 206.2.16, 239.2. and 239.3 of the 2004 ADAAG require at least fifty percent (50%) of the holes on miniature golf courses to be accessible and connected to an accessible route (which must connect the last accessible hole directly to the course entrance or exit); generally, the accessible holes would have to be consecutive ones. Specified exceptions apply to accessible routes located on the playing surfaces of holes.

Question 45: The Department is considering creating an exception for existing miniature golf facilities that are of a limited total square footage, have a limited amount of available space within the course, or were designed with extreme elevation changes. If the Department were to create such an exception, what parameters should the Department use to determine whether a miniature golf course should be exempt?

Comment: A specific exemption should not be provided for existing miniature golf courses because Department regulations, §36.304 and §36.305, already provide sufficient parameters for determining whether miniature golf courses are accessible under the ADA’s readily achievable barrier removal standard. As is true for the other safe harbors and blanket exemptions under consideration by the Department, this exemption should be rejected, in favor of the ADA’s current framework, which is already carefully crafted to take the needs of covered entities into account. The ADA does so on the basis of an individualized consideration of each situation, not via a blanket exemption. The integrity of this careful analysis must be maintained, and blanket exemptions like this one are unnecessary.