I figured I’d wait until the dust settled before
weighing in on the Casey Martin decision.
I imagine most of you are familiar with the young golfer who has
recently been permitted by the United States Supreme Court to use a golf cart
when he competes. Mr. Martin does not
and cannot walk very well. He suffers
from a degenerative circulatory disorder that causes him to be disabled. If he cannot ride in a golf cart, he cannot
compete. Mr. Martin, sued the
Professional Golf Association under the 1990 Americans With Disabilities Act
for permission to ride the cart through his round of golf. The Pro Golf Tour opposed Mr. Martin with
their main argument being that the walking involved while playing an 18-hole
golf course can fatigue players, and therefore can affect the results of the
tournament. The PGA, whose position was
backed by none other than Arnold Palmer and Jack Nicklaus, argued that a decision
in favor of Casey Martin would “fundamentally alter” the nature of the
competition.
Justice Antonin Scalia, in dissent, wrote that to
allow Mr. Martin to use the cart would be tantamount to permitting a blind
Little League baseball player a fourth strike instead of the usual three.
While it pains me to disagree with golfers that I
admire such as Nicklaus and Palmer, I think that all of the above arguments are
ridiculous. Casey Martin suffers from
something called Klippel-Trenaunay-Webber syndrome. The syndrome affects the flow of one’s blood and therefore
affects one’s ability to walk. This is
golf, this is not a walking tournament.
A heavy-set golfer who is out of shape would not qualify for aid from
the Americans With Disabilities Act.
There is no reason that this act should not pertain to athletes. This doesn’t put Mr. Martin in a better
position than the other golfers playing in the tournament; it is an attempt to
even things up and give him a chance to compete. The bottom line is, the man can barely walk, and this ruling is
not going to open up the flood gates for others to seek special
dispensations. As Mr. Martin himself
has indicated, he would much rather have two good legs and not have needed to
litigate this matter. I think it is
fair to say that putting Casey in a cart is not going to give him an unfair
advantage.
If fellow golfer John Daly asked for a cart because
he is too heavy, he’s not going to get one.
The Americans With Disabilities Act requires a high threshold for one to
receive help from it. It’s goal is to
create a fair playing field for those who are disabled. There is no reason that this law should
apply to all aspects of our society but golf.
If a Little Leaguer were given four strikes instead of three, that is
something that would clearly affect the competitive outcome of the game. Not so here, as this is not a walking
contest, it is about how far under par you shoot in your round of golf.
No, I am not saying that walking has absolutely
nothing to do with the outcome and that on a Sunday afternoon, while one is
walking toward the green on his seventy-second hole, it helps to be in some
reasonable form of shape; however, this is not about shape, this is a man who
is disabled and ought to be entitled to attempt to make his living on the PGA
tour, just like any other skilled golfer.