March 2019 March2019 | Page 45

Click the page to go to their ad ADVERTISER LISTING 2019 Golf Car Calendar..................................44 Advertising Works...........................................42 Alumacar..........................................................16 American Lift Kits..............................................2 Angry Eagle Golf Cart Parts...................... 40-41 Battery Clip USB..............................................11 B-G Parts..........................................................33 C&S Custom Golf Carts..................................44 Cool Dry Covers...............................................34 Cowls Direct.....................................................17 Ecocruise................................................... 14, 48 Edward Jones...................................................14 GMT Golf Cart Accessories....................... 46-47 Golf Car Options Merchandise......................19 itsnever2latebooks.com...................................7 Nordic Plow.....................................................16 Peddle Master.................................................44 PowerFilm Solar..............................................27 Small Vehicle Resource..................................43 Suite Seats.........................................................3 Super Bright LEDs...........................................43 The Ninety Degree..........................................34 Towel It Up.......................................................34 Vegas Carts & Performance.............................9 Vegas Golf The Game.....................................43 Wheelz LLC................................................ 15, 27 X-iT Outdoors..................................................14 Contact us about how you can save 50% on advertising: [email protected] legalNEWS A recent settlement of a federal lawsuit may mean good business news for the manufacturers of golf carts for the disabled and for the disabled golfers who use them. In 2017, suit was filed in the Northern District of Cali- fornia seeking relief against the owner and manager of Hiddenbrooke Golf Club, alleging that the club failed to provide full and equal access to the disabled, in contra- vention of federal and state law. The defendants denied liability, a denial that carried through to the consent order reached in the litigation. The settlement provides in part as follows: Hiddenbrooke agrees to make available at the Course a ParaGolfer adaptive golf cart (“ParaGolfer”) within six (6) months of issuance of the Order by the Court approving this Consent Decree. This ParaGolfer will be rented to disabled golfers consistent with the Course’s practices of providing golf carts to able-bodied golf- ers, including on a first-come, first served basis, kept in good working condition in accordance with the ParaGolfer’s manufacturer’s specifications and the Course’s practices and schedule of maintaining carts Consent Decree Requires Golf Club To Provide Specialized Golf Cart For Use Of Disabled for able-bodied golfers, and will be for the sole use of the Course (i.e. it will not be lent out to other golf courses). Plaintiffs acknowledge that training regard- ing the proper use of the ParaGolfer may be required by Hiddenbrooke as a condition prior to rental or use of the ParaGolfer and shall not constitute a violation of this Consent Decree and Order. Nothing in this Consent Decree in any way restricts Defendants from designating areas within Hiddenbrooke to be off-limits to users of the ParaGolfer because of bona fide safety concerns, such as areas of Hiddenbrooke that exceed the manufacturer’s technical specifications. Notwithstanding the defendants’ denial of liability, the lawsuit and its settlement may encourage other disabled golfers to seek accommodation from clubs under law. It is important to note that Hiddenbrooke is open to the public, which creates statutory rights that may not extend to private clubs. For example, as we discussed in 2017, a federal court in Massachusetts denied relief sought by a local sportscaster, Bob Lobel, holding that the Americans with Disabilities Act did not require the private Woodland Golf Club to provide him with a specialized golf cart. MARCH 2019 45