Recent Development by Foy Meyer III
Casey Martin, a professional golfer suffering from a degenerative circulatory disorder known as Klippel-Trenaunay-Weber Syndrome (KTWS), was unable to participate in a golf tournament that was sponsored by PGA Tour, Inc. (PGA). Despite his exceptional standing as a golfer, Martin's capacity to play the game was inhibited by his affliction with KTWS and its affect on his ability to walk the distance of an eighteen-hole golf course. Accordingly, KTWS rendered Martin's participation in the game of golf contingent upon his use of a golf cart and the allowance of such use under the rules of the game. The rules governing play in the tournament, imposed by the PGA, required players to pay a $3000 entry fee, submit two letters of recommendation, and advance beyond two preliminary stages of competition. Moreover, the tournament rules prohibited golfers from using golf carts. This rule, known as the “no-cart” requirement, provided that “[p]layers shall walk at all times during a stipulated round,” for the purpose of testing each player's stamina under the same conditions. Accordingly, due to his inability to comply with the “no-cart” rule, Martin “made a request, supported by detailed medical records, for permission to use a golf cart” in the tournament. In light of his disability and despite satisfying the other qualifications necessary to play in the tournament, the PGA strictly adhered to the “no-cart” requirement and rejected Martin's special request.
As a result of the PGA's rejection, Martin sought injunctive relief in the United States District Court for the District of Oregon, claiming that his rights under Title III of the Americans with Disabilities Act (ADA) were violated when the PGA failed to allow him use of a golf cart. After entering partial summary judgment in favor of Martin with regard to the ADA's applicability to the PGA, the district court issued a permanent injunction, requiring the PGA to permit Martin's use of a golf cart during tournament play. On appeal, the United States Court of Appeals for the Ninth Circuit affirmed the district court's decision, holding that in the context of professional golf, fairways and greens constitute places of public accommodation. The United States Supreme Court affirmed the ruling of the Ninth Circuit and held that Martin's access to professional golf tournaments was protected under the ADA and that his use of a golf cart would not alter the fundamental nature of such tournaments. PGA Tour, Inc. v. Martin, 532 U.S. 661, 676-683 (2001).
About the Author
Foy Meyer III.
Citation
76 Tul. L. Rev. 1159 (2002)