Hudson couple say they want a golf cart to get round. The Sheriff’s Workplace says in any other case.

When he could no longer walk 10 feet without taking a break, Lawrence Boudreau sought help.

The vascular disease in his legs worsened. And his wife, Wanda Boudreau, 71, had bad knees and nerve damage from shingles. The Hudson couple, who do not own a car and whose only income is monthly social security checks, were looking for mobility scooters, but they were too expensive.

Then they found a used golf cart for $ 1,600. Research led them to believe that golf carts were considered a mobility device under the Americans With Disabilities Act.

“We just didn’t have the money to do anything else,” said Lawrence Boudreau, 66.

But in October Wanda Boudreau was driving a golf cart down a sidewalk in U.S. 19 when she was run over and given a $ 164 ticket. She had been stopped and warned in August by the deputy of the same Pasco County sheriff.

The Boudreaus said they felt they were allowed to drive the golf cart and that their health problems were classified as “disabled” under federal law. The US Department of Justice’s ADA declarer said a golf cart is “another motorized mobility device” and can be licensed in places where it is otherwise not. Lawrence called the sheriff’s office to ask if he could use it and he said he was reassured that the couple could.

Wanda Boudreau had a copy of the ADA guidelines with her when she received a ticket. Still, Sgt. Richard Scilex wrote it for violating Florida Law 316.1995, which bans any non-human-powered vehicle on sidewalks with the exception of motorized wheelchairs.

“This is not right what you are doing to us sir, you are wrong, I am sorry,” she said as he handed her a ticket according to a recording she took on her phone.

A sign warning that golf cars are not allowed past this point, which will be seen at the intersection of Clark Street and Old Dixie Highway in Hudson on Tuesday April 6, 2021 for driving their golf car to get around what they claim is a violation of their ADA rights. [ IVY CEBALLO | Times ]

Florida law regulating when golf carts are allowed to be used on the road does not mention obstruction and prohibits use except in situations where the local government has not made a specific exception. However, Lawrence Boudreau said the ADA bulletin they carry in the gold cart reads, “… If golf carts are generally banned in a park, the park may have to allow a golf cart if used due to a person’s mobility disability unless there is a legitimate security reason that cannot be considered. “

Months after their ticket, the Boudreaus tried everything they could to toss the ticket and get permission to use the golf cart. They contacted lawyers. They reached out to the Department of Justice, Disability Rights Florida, the prosecutor’s office, and local officials.

They also pleaded their case in court.

“While the Pasco Sheriff’s Office is okay with Ms. Boudreau’s mobility problems, the Pasco Sheriff’s Office has no provision in the Disabled Americans Act that allows a person seeking housing to break the law,” said Amanda Hunter, a spokeswoman for the sheriff’s office.

In the end, the cost of an appeal would be higher than the ticket. So they paid it on March 18th.

“We’ve pretty much done all we can,” said Lawrence Boudreau. “It was difficult.”

Ann Siegel, Florida legal director for disability rights, said although the ADA was passed decades ago, it is still applied unevenly across communities.

As a federal law, Siegel said the ADA could not be replaced by state laws. But if this confusion arises, she said it might be time to reassess the statute from the perspective of people with disabilities.

“I understand that these laws are for safety reasons, but we often don’t believe what the fallout will be,” she said.

Each case needs to be viewed individually – someone without a disability using a golf cart or Segway on a sidewalk is different from someone who needs them, she said. Instead, a hard and fast rule is often applied and people are punished or denied equal access.

A Pasco County spokeswoman said this was a sheriff’s office concern and that nothing in county bylaws specifically addresses golf carts.

Sonya Walling, a legal advisor for the office of Pasco County Commissioner Jack Mariano, heard from Boudreau and said she told him she did not know how the ADA would apply. If the traffic court found it a violation, there wasn’t much to do, she said.

Rep. Amber Mariano, R-Hudson, also verified the claim but couldn’t do much, said Alana Fay, a staff member in Mariano’s office. Amber Mariano is Jack Mariano’s daughter.

“I sometimes think that when we bring federal and state governments together, not all laws merge wonderfully,” said Fay.

Fear of driving the golf cart and getting another ticket, the Boudreaus have for the most part been tied to their homeland since then. Their daughter got them a three-wheeled scooter that Wanda and Lawrence knocked over several times.

Since Lawrence Boudreau is on blood thinning medication, he said he couldn’t be scraped and cut too often so he wouldn’t risk the drive.

Larry Boudreau, 66, shows the printed version of an ADA document describing mobility devices in Hudson on Tuesday April 6, 2021. The Boudreaus said they had the document with them when they were hired to golf by an agent in the Pasco Sheriff’s office to get around, which they claim is a violation of their ADA rights. [ IVY CEBALLO | Times ]

“It was so annoying for both of us here and we are depressed because we basically can’t get out of the house,” he said.

With the coronavirus, they feel even more concerned. The only way to travel a short distance is on the public bus system, which can be crowded.

Boudreau said he could use a standard runner, but it was inefficient – and embarrassing – for long distances. When he tries to do his exercises, he hopes to find private places where people won’t “look at him”, he said.

He recently went to a doctor and got a disabled parking permit. His legs have deteriorated in recent months from being able to exercise less without leaving the house, he said.

“If you have a disability, you have a reason to use it,” Boudreau said of a golf cart. “It’s perfectly legal and shouldn’t be followed like we were followed.”