I. The Golf Courses on Military Bases.

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Dwayne Gallagher
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1 February 4, 2007 Dr. Robert M. Gates Secretary of Defense 1000 Defense Pentagon Washington, DC Dear Dr. Gates: Mobility Golf is a non-profit corporation with a mission to increase opportunities for the mobility impaired to play golf. This letter is written in support of making military golf courses accessible as well as to respond to the issues raised by Section 664 of the National Defense Authorization Act for FY 07. I. The Golf Courses on Military Bases. There are approximately 175 golf courses on military bases throughout the world. These courses are very popular--with over 5 million rounds played a year. They are also very profitable with an annual profit of over $23 million in FY Although these golf courses have fleets of standard golf carts, very few offer accessible golf carts (swivel seats and hand controls) that can be used by disabled persons who either can t walk or have difficulty walking. 2 Thousands of disabled veterans are unable to use these golf courses solely because of the failure to provide accessible golf carts. Many in Congress believe that disabled veterans should have the opportunity to use the military golf courses but the Department of Defense has refused to make the courses As a result of this refusal, Section 664 of the National Defense Authorization Act for FY07 requires the Secretary of Defense (Sec Def) to conduct a study and report to Congress by April 16, 2007 on making accessible golf carts available at all military golf courses for use by disabled persons authorized to use such courses. The Sec Def was specifically directed to report on: 1. The current plans to improve access of disabled persons to morale, welfare and recreation (MWR) facilities and activities including plans to make accessible golf carts available 2. Whether any portion of these plans require congressional authorization or funding 3. The timing and cost of making these MWR facilities and activities fully accessible to disabled persons 4. The expected utilization rates of the MWR facilities by disabled persons if they were fully 5. Any legal requirements applicable to providing accessible golf carts with specific attention to the applicability of section 504 of the Rehabilitation Act of In some DoD documents, the term profit is used. In other documents, the term Net income before depreciation (cash flow) is used. 2 Pictures of accessible golf carts can be seen at

2 Set forth below is the information that should result in a recommendation to immediately make all military golf courses accessible to those with a mobility disability. II. The Cost of Making Golf Courses Accessible is Minimal and Does Not Require Appropriated Funds. Accessible golf carts are readily available and can be leased for five years at a cost of approximately $2000 per year. If every military golf course provided 2 accessible carts, it would cost only 3% of the annual profits one cart would only cost 1.5% of profits. This assumes that no one ever used the cart! Unlike other accessibility requirements such as ramps and bathrooms, the disabled user can be charged the standard cart rental fee. In addition, there is the fee for playing the course, fees from family and friends who play with the disabled golfer, revenues from merchandise such as balls, clubs and clothing as well as food and beverage purchases. In sum, the cost of providing accessibility to the golf courses is minimal when compared to the profits of the golf course and the revenue generated. III. The Anticipated Utilization Rates of Accessible Golf Carts Should, Over Time, be Significant. A. Introduction. Very few golf courses in the country provide accessible golf carts. As a result, currently there are relatively few disabled golfers. However, there is a large population of potential disabled golfers that, over time, can be expected to take up the game once the courses are This will require an outreach by DoD, the VA and other governmental and non-governmental organizations. Those with mobility impairments include a wide variety of injuries and illnesses. These include: Leg amputees Spinal cord injuries Strokes MS Spinal Bifida Muscular Dystrophy Polio Cerebral Palsy Parkinson s Hip, knee, back, leg ailments Cardiac and lung disease B. The general population Most of the military golf courses are open to the public. Therefore, in analyzing the anticipated usage, it is necessary to look at the mobility-disabled population of the whole country. According to the U.S. Census Bureau publication Americans With Disabilities: 2002, 25 million people age 15 and over have an ambulatory disability, 2.7 million use a wheelchair, and another 9.1 million use assistive devices such as canes, crutches and walkers. 3 It is estimated that 13.4% of the total population plays golf. 4 There is no reason to think that the rate of participation in golf by the mobility-impaired population would be any less than the general population. This would result in over 3 million potential golfers in the general population 3 See 4 According to the U.S. Census Bureau, Census 2000, there are 209 million people over the age of 18 in this country. According to the National Golf Foundation, there are 28 million golfers over the age of 18. Thus, 13.4% of the population over the age of 18 plays golf.

3 C. The disabled military and veteran population. Although most military golf courses are open to the public, many are limited to those who are eligible for gate passes to the base. This population includes: i. Active military ii. Retired military including those on permanent disability iii. DoD employees iv. DoD subcontractors that work on the base v. Family and guests of the above. While we don t have statistics on the number of disabled persons in all of these categories, we do know that there are thousands of active military currently undergoing treatment in DoD health care facilities who have a mobility disability. In addition, there is substantial data concerning those who access the VA health care system. 5 44,000 veterans have a spinal cord injury 760,000 veterans have had a stroke 28,000 veterans have MS. 10,546 veterans received artificial legs in 2005 A significant percentage of each of these categories has the potential to play golf if the courses were Another indication that there is a large population of potential disabled golfers is a survey conducted by the Paralyzed Veterans of America in 2003: 6% of the respondents indicated that they played golf and another 21% said they were interested in golf. This survey indicates that there are 5600 potential golfers just from the PVA membership. IV. Military Golf Courses Should and Must be Accessible. A. Making military golf courses accessible is the right thing to do. Putting aside the legalities, it is embarrassing to think that our country does not permit those who were disabled in military service to play golf at the military courses. These are men and women who lost their legs or suffered a spinal cord injury in service to our country. By what logic can DoD refuse to divert a small amount of the golf course profits to provide accessible golf carts? B. Making military golf courses accessible is an important part of post-injury rehabilitation. Both military hospitals and the VA health system have extensive rehabilitation programs for those suffering from a variety of injuries and illnesses resulting in a loss of mobility. These rehabilitation programs have two primary functions: one is to increase the physical strength and capacity as much as possible, the other is to prepare those with permanent disabilities to return to society. Such individuals often experience severe depression. Golf can be an important rehabilitation tool. It is one of the few activities that combine sports and social interaction, can be played by persons of any age and, for the mobility impaired, is not a segregated wheelchair sport but an activity that can be played with family, friends and business associates. It can ease re-entry into society and be an antidote to depression. C. Making military golf courses accessible is required by law. Congress was correct in requiring the Sec Def to report on the applicability of Section 504 of the Rehabilitation Act of 1973 which states that No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, 5 This information was obtained from the website of the Department of Veterans Affairs.

4 be denied the benefits of, or be subjected to discrimination under any program or activity conducted by any Executive Agency. In enacting the Rehabilitation Act of 1973, Congress made a finding that millions of Americans had disabilities and that they constituted one of the most disadvantaged groups in society and that disability is a natural part of the human experience and in no way diminishes the right of individuals to enjoy full inclusion and integration in the economic, political, social, cultural and educational mainstream of American society... Congress also said that individuals with disabilities continually encounter various forms of discrimination in recreation and that It is the policy of the United States that all programs, projects and activities shall be carried out in a manner consistent with the principles of equal access and inclusion, integration and full participation Section 504 includes a specific implementing requirement that, The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section. 6 Pursuant to this directive, DoD issued a final rule implementing Section 504 on April 8, Numerous provisions of the DoD rule make it clear that the failure to provide access to golf courses on DoD property is a violation of Section 504. These provisions include: 56.4 Policy. It is DoD policy that no qualified handicapped person shall be subjected to discrimination on the basis of handicap under any program or activity that is conducted by a DoD Component (a). This part applies to all DoD Components insofar as the programs and activities of the DoD Components affect handicapped persons in the United States (a) (1). No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefit of, or otherwise be subjected to discrimination under any program or activity that is conducted by the Department of Defense (a) (2) (ii). A DoD Component may not on the basis of handicap: Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service: 56.8 (a) (6). A DoD Component may not (i) Subject qualified handicapped persons to discrimination on the basis of handicap: (ii) Defeat or substantially impair accomplishments of the objectives of the DoD Component s program or activity with respect to handicapped persons (a) (8). DoD Components shall administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons (c) Program accessibility (1) General requirements. No qualified handicap person shall, because a DoD Component s facilities are inaccessible to or not usable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the Department of Defense. 56.8(c)(2) Existing facilities. (i) A DoD Component shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. 56.8(c)(2)(iii). A DoD Component may comply with paragraph (c)(2)(i) of this section through such means as the acquisition of equipment or any other method that results in making the program or activity of the DoD Component accessible to handicapped persons U.S.C CFR Part 56, DoD Directive

5 56.8(c)(2)(v). In choosing among available methods for meeting the requirements of this section, a DoD Component shall give priority to those methods that offer programs and activities to handicapped persons in the most integrated setting appropriate with nonhandicapped persons. Clearly, both Section 504 and the DoD regulations require that those with mobility disabilities be provided access to the golf courses, which can be simply done by adding accessible golf carts to the existing golf cart fleet. V. Conclusion. It is unconscionable that those brave young wounded warriors who face a lifetime as disabled persons are not able to play golf at the military golf courses along with their non-disabled comrades. It is also a clear violation of Section 504 and the DoD implementing regulations for DoD to exclude those with mobility disabilities from playing golf when the courses are very profitable and providing accessible golf carts is so easy to do and relatively inexpensive. In sum, there is no legitimate reason for denying disabled veterans, or any other authorized person with a mobility disability, from playing golf at DoD courses. On behalf of disabled golfers, I urge you to make all military golf courses Very truly yours, Richard Thesing Managing Director Cc: Honorable Michael L. Dominguez Principal Deputy Under Secretary of Defense (Personnel and Readiness) Room 3E621, The Pentagon Washington, DC Mr. Clarence A. Johnson Principal Director for Diversity Management and Equal Opportunity Room 5D641, The Pentagon Washington, DC Judith C. Gilliom Disability Program Manager Department of Defense Room 5D641, The Pentagon Washington, DC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO COLORADO CROSS-DISABILITY COALITION, a Colorado corporation, JEREMY HUDSON, and JAMES HUDSON, v. Plaintiffs, COLORADO ROCKIES