I'm not aware of how many of you have heard of Casey Martin. In
a nutshell, Martin was a terrific golfer who wanted to play on the
PGA Tour. However, he had a debilitating condition that made it
impossible to walk more than a few feet. To play on the tour, most
golfers must excel on the lower level tours to qualify for the
"big" tour that we see on TV. The problem is that the qualifying
tours allow players to use golf carts to speed up play, but the PGA
Tour requires players to walk the courses. Casey Martin was
successful enough to earn a spot on the PGA Tour and asked to use a
cart due to his disability. The PGA said no because the players are
professional athletes, and walking is an essential part of the
sport. Martin could not possibly play without a cart, so he sued
the PGA under the Americans With Disabilities Act (ADA). The
Supreme Court ruled for Martin.
What do you think about the decision?
HERE IS THE PORTION OF THE OPINION TO WHICH I AM REFERRING.
1. Title III of the ADA, by its plain terms, prohibits petitioner
from denying Martin equal access to its tours on the basis of his
disability. Cf. Pennsylvania Dept. of Corrections v.
Yeskey, 524 U. S. 206, 209. That Title provides, as a
general rule, that "[n]o individual shall be discriminated against
on the basis of a disability in the full and equal enjoyment of the
... privileges ... of any place of public accommodation."
§12182(a). The phrase "public accommodation" is defined in terms of
12 extensive categories, §12181(7), which the legislative history
indicates should be construed liberally to afford people with
disabilities equal access to the wide variety of establishments
available to the nondisabled. Given the general rule and the
comprehensive definition of "public accommodation," it is apparent
that petitioner's golf tours and their qualifying rounds fit
comfortably within Title III's coverage, and Martin within its
protection. The events occur on "golf course[s]," a type of place
specifically identified as a public accommodation. §12181(7)(L).
And, at all relevant times, petitioner "leases" and "operates" golf
courses to conduct its Q-School and tours. §12182(a). As a lessor
and operator, petitioner must not discriminate against any
"individual" in the "full and equal enjoyment of the ...
privileges" of those courses. Ibid. Among those
"privileges" are competing in the Q-School and playing in the
tours; indeed, the former is a privilege for which thousands of
individuals from the general public pay, and the latter is one for
which they vie. Martin is one of those individuals. The Court
rejects petitioner's argument that competing golfers are not
members of the class protected by Title III--i.e.,
"clients or customers of the covered public accommodation,"
§12182(b)(1)(A)(iv)--but are providers of the entertainment
petitioner sells, so that their "job-related" discrimination claims
may only be brought under Title I. Even if Title III's protected
class were so limited, it would be entirely appropriate to classify
the golfers who pay petitioner $3,000 for the chance to compete in
the Q-School and, if successful, in the subsequent tour events, as
petitioner's clients or customers. This conclusion is consistent
with case law in the analogous context of Title II of the Civil
Rights Act of 1964. See, e.g., Daniel v.
Paul, 395 U. S. 298, 306. Pp. 12-19.
I BELIEVE THE JUDGEMENT IS FAIR ENOUGH AS MARTIN HAS REQUESTED FOR THE CART TO PLAY WHICH SHOWS HIS COMPETATIVE SPIRIT FOR THE SPORT AND HIS EAGERNESS AND WILLINGNESS .SO HE SHOULD DEFINATELY GIVE CART TO PLAY AND AVAILING THE CART FACILITY DOES NOT AFFECT THE GAME OF OTHERS AND ITS NOT AGAINST LAW OF THE GAMES.AND HE IS ALSO INFORM ABOUT THE USE OF CART WELL IN THE BEGINING..
SO THE JUSTICE IS FAIR ENOUGH
I'm not aware of how many of you have heard of Casey Martin. In a nutshell,...