Status of Rulemaking
The U.S. Access Board issued final accessibility guidelines for
access to golf facilities including tee boxes, fairways, greens,
hazards, and practice areas on September 3, 2002. The next step
in the rulemaking process is for the U.S. Department of Justice
to adopt the Final Rule as enforcable standards under the Americans
with Disabilities Act.
Publications
Golf Organizations, Instruction and Resources
Golf Products
Litigation
What has been a win-win for golfer Casey Martin in his quest
to use a cart while participating in the PGA Tour now has Martin
and disability advocates holding their breath as the U.S. Supreme
Court has agreed to the PGA Tour's request to hear the case January
17, 2001. Both the U.S. District Court for the District of Oregon
and the U.S. 9th Circuit Court of Appeals made decision in favor
of Martin who requested the use of a golf cart as an ADA modification
in PGA tournament play. The PGA Tour argued that first it was
not covered under Title III (Public Accommodations) of the Americans
with Disabilities Act and second, that walking was an integral
part of golf tournament play where the use of the golf cart would
fundamentally alter the nature of the event. The case is the first
recreation-related case under the Americans with Disabilities
Act to be heard by the high court.
In December, the National Center on Accessibility signed on to
the brief amici curiae (friend of the court brief) submitted by
the National Association of Protection and Advocacy Systems. Additional
briefs submitted to the court represent the American Association
of Adapted Sports Programs, the K-T Support Group, U.S. Solicitor
General and former Senator Dole. The questions before the Supreme
Court include whether Title III of the ADA regulates standards
established for competitors in athletic competitions held a places
of public accommodations; and, if so, whether Title III requires
professional sports organizations to grant selective waivers of
their substantive rules of athletic competition in order to accommodate
disabled competitors. A far reaching decision by the Supreme Court
could further define key principles of the ADA including "public
accommodation," "reasonable modification," and "fundamental alteration."
Online resources to follow the case:
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