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Todd Rokita on Civil Rights

Ensure disabled access to public pools.

A BILL to revise certain rules under the Americans with Disabilities Act of 1990 (ADA) relating to accessible means of entry to pools.

This Act may be cited as the 'Pool Safety and Accessibility for Everyone Act' or the 'Pool SAFE Act'. Congress finds the following:
1. One of the purposes of the ADA is to 'provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities'.
2. The Nation's proper goals regarding individuals with disabilities are to ensure equality of opportunity and full participation for such individuals.
3. The ADA recognizes that public accommodations should provide access to their amenities to individuals with disabilities.
4. It is important for public accommodations to provide access to their amenities, including pools, to individuals with disabilities.
5. Public accommodations should provide access to their amenities, including pools, in a reasonable, efficient, and expedient manner that accounts for the interests of individuals with disabilities and also considers other legitimate concerns, such as safety and feasibility.
6. The current regulations for the ADA as the regulations relate to the accessibility of pools at public accommodations, do not reasonably or adequately balance the access needs of individuals with disabilities with other legitimate concerns.

• Any suit against a public accommodation or commercial facility for a violation that is brought on or after January 31, 2013, and before the date of enactment of this Act, shall be dismissed, and no new suits filed for one year.
• The Code of Federal Regulations shall provide that a public accommodation or commercial facility that has a pool and uses a portable pool lift on request shall be in compliance.
• The term 'pool' means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, other water amusement, or any other manmade body of water.