Klippel-Weber Syndrome Case Study

Facts of the Case: A golfer with Klippel-Trenaunay-Weber Syndrome wanted to enter into a tournament and requested an accommodation to use a golf cart during the third round that was denied. Under Title III of the American with Disabilities Act, public businesses must provide accommodations and make modifications for people with disabilities, unless that accommodation would “fundamentally alter the nature” of the business. Casey Martin’s lawyers argued that, by Title III of the ADA, the Q-School golf tour competition cannot deny Martin equal access and must give him reasonable accommodations. They stated that golf courses are a public accommodation, and that the golf tour and qualifying rounds fall under Title III’s coverage. Using a golf cart during the third round would not “fundamentally alter the …show more content…
This disease causes severe pain and atrophied his right leg. While in college, the syndrome progressed to the point where Martin could not walk an 18-hole golf course anymore. This was not only due to pain, but also because Martin may hemorrhage, develop blood clots, or fracture his tibia to the point where amputation may be needed if he walks. This information shows that the fatigue he suffers daily from is much more than other competitors in the competition. Not only this, but that even without a disability, it cannot be proven that all competitors play under the exact same conditions. Wind, or a lucky bounce could change the game for different participants. The court thought that golf, at it’s core, is a game of shot making, using clubs, and trying to get the ball in the hole in the least amount of shots possible. They said that the game of golf has evolved over the years, and that nothing in the rules forbids the use of carts so it is not a big part of the game. The Q-School itself has evolved, and up until 1997, participants were allowed to use golf carts through the third round.
Separate (Dissenting)