August 20, 2001
BY FACSIMILE TO 925-228-7009
AND FIRST CLASS MAIL
John Dodson, Owner
Pine Meadow Public Golf Course
451 Vice Hill Way
Martinez, CA 94553
RE: ADA Complaint DJ # 202-11-79
Dear Mr. Dodson:
In regard to our recent phone conversation, the Department finds that reasonable modifications to the policies of Pine Meadows Public Golf Course ("Pine Meadows") for persons with vision impairments could be accomplished without any substantial danger to customers of your facility. As discussed, we are therefore requesting that the following information be sent to our office within 30 days to informally resolve this investigation.
Please provide us with the following:
- A copy of a written policy adopted by your establishment concerning accommodations made for persons with vision impairments at your facility (see enclosed sample). We will also need assurances that you will have copies of this policy available to your customers in alternate formats, including large text and Braille (see enclosed lists of California ADA Technical Assistance Centers to inquire about obtaining such services).
- Verification, such as photographs, that this policy is posted at your establishment;
- Confirmation that all appropriate employees of Pine Meadows have been issued a copy of the golf course's policy on serving people with vision impairments;
- Proof of payment of damages in the amount of $100 paid and mailed directly to the complainant, xxx xxxxxx xxxxxx including:
- A copy of a certified check made payable to xxx xxxxxx xxxxxx in the amount of $100 or a copy of a gift certificate to Pine Meadows in the amount of $100 made payable to xxx xxxxxx xxxxxx;
- A copy of a certified mail receipt indicating receipt of the payment by the Complainant. The check must be mailed to xxx xxxxxx xxxxxx at xxxx xxxxxxxxxxxx xxxxx, xxxxxxx, xx xxxxx.
We are obligated to inform you that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants.
Finally, under the Freedom of Information Act (FOIA), 5. U.S.C. $ 552, we may be required to release this letter as well as other correspondence and records related to the complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by FOIA, the release of information that constitutes an unwarranted invasion of privacy.
We appreciate very much your cooperation in this matter and believe that this matter can be resolved quickly and amicably. If you wish to discuss the terms of our proposed settlement, please contact me as soon as possible.
Please reference the Department of Justice complaint number cited above in any correspondence that you send to this office. If you have questions or concerns, feel free to contact Deputy Chief Susan Reilly by phone at (202) 307-2230, by fax at (202) 305-9775 or by e-mail at email@example.com.
Jennifer A. Schlosberg
Disability Rights Section
Sample Policy on Accommodating Persons with Vision Impairments
List of California ADA Technical Assistance Centers
Revised Policy (Date)
Pine Meadows Golf Course provides assistance to its customers with physical and mental disabilities in order to allow full access to the services we offer. We welcome the patronage of customers with vision impairments who are accompanied by assistants who act as spotters. We recognize the importance of the role that spotters play in insuring the independence of people with such disabilities.
It is our policy to welcome any spotter who personally assists a person with a vision impairment, and recognize that they provide a wide range of services including but not limited to:
- Assisting persons with vision impairments by retrieving balls, clubs, and other materials on the golf course;
- Assisting persons with vision impairments by notifying them of physical barriers or dangers on the golf course, including carts, clubs, balls, shrubbery, and other players;
- Assisting persons with vision impairments by driving their golf carts;
- Assisting persons with vision impairments by estimating distances or wind factors on the golf course.
Pine Meadows Golf Course is committed to conveying the content and meaning of this policy to its staff. We are committed to helping our staff recognize the importance of the role that assistants play and minimizing the limitations placed on the independence of the persons whom they serve.
To the end outlined above, we set forth the following policy:
- Upon entering Pine Meadows Golf Course's place of business, a person with a vision impairment who is accompanied by an assistant who acts as a spotter is:
- not required to show proof of a disability;
- not assessed a surcharge for the spotter, unless the spotter is playing golf as well;
- welcome to review this policy in alternative formats including large print or Braille; and
- welcome to request assistance in reading this policy by a Pine Meadows Golf Course employee.
- In no event will a person with a disability accompanied by an assistant be denied service or be given inferior service due to the expressed preferences of other customers. In the event that other customers express a preference to not be proximity to a customer with disability, Pine Meadows Golf Course will honor the individual's right not to be the subject of invidious discrimination on the basis of disability.
- In the event that an individual wishes to inquire about our policy, or lodge a complaint alleging that our policy has been breached, the individual should contact______________ at( )____-_____, or write to (her/him) at_______________________.Questions about the Americans with Disabilities Act (ADA) may also be addressed to the United States Department of Justice's ADA Information Line, at 800-514-0301 or 800-514-0383 (TDD).