On the recordMay 8, 2012
I am the person who introduced this language. At the time that I introduced it, I started my conversation by saying I am not opposed to--in fact, I am in favor of--access to swimming facilities and hot tubs and other bodies of water by the disabled in this country. But the facts are in this case that, yes, this has been looked at for a long time and everybody recognizes the fact that access to swimming pools and possibly hot tubs or therapeutic facilities is important for the people who are disabled. I agree. I agree with everything my colleagues have said on the other side of the aisle. Sometimes, when you're dealing with bureaucrats, you cannot get their attention to have a little bit of common sense. And you have to get their attention. And the purpose behind this is to get the Justice Department to back off until they can listen to some common sense. My colleague on this side of the aisle has tried to point out that what the Justice Department has said, and has not been willing to clarify otherwise, is, regardless of what the regulation which was passed originally says, their ruling in January of this year was that it would be a fixed facility. That means it has to be placed permanently by the side of the body of water. That means it would be placed permanently beside every hot tub, placed permanently beside every kiddie pool, placed permanently beside every swimming pool that anybody has at any location. That would be a fixed device.…
