Casey Martin and the Broken ADA
May 30, 2001
Casey Martin, a seasoned professional golfer and PGA member and regular tour participator, has a congenital leg problem that has become severe enough to prevent him from continuing on the tour. Does the leg problem affect his drive? No. Oh, it must prevent him from standing on the side of a hill? No. So it affects his putting then? No, not that either. What it affects is his ability to walk from hole to hole. That's it.
Casey Martin wants to continue playing on the PGA tour, using a cart. However, the PGA has a long-standing rule forbidding carts. All golfers are required to walk during tournaments. The exhaustion that results from walking is intended to be part of the physical demands of the game. If a participant does not experience that exhaustive part of the tournament that others experience, he has gained a physical advantage. His drives will be longer. His putts will be straighter. His strategy will be better constructed. As with other professional sports, one of the basics of competition is the level playing field of all participants. The purpose of the game of golf is not to provide a source of amusement for Casey Martin. The purpose is for the pure competition and the money made from the will of the spectators to witness this competition. Without fair rules for all participants, fair competition is lost. Without fair competition, the essence of the game of golf has been lost.
Casey Martin has filed multiple lawsuits (and appeals) against the PGA claiming the league discriminates against him because of his disability.
First of all, Mr. Martin needs to look up the definition of discrimination. Discrimination is defined as setting up special rules or requirements only for individuals or groups because of an undesired unique characteristic. If the PGA were to disallow blacks from joining or competing, that would be discrimination. If the PGA were to disallow women or the elderly from joining, that would be discrimination. If the PGA were to disallow fat people, skinny people, redheads, blondes, or blue eyes, that would be discrimination. But the fact that the no-cart rules applies to all participants, not just Casey Martin, means that it is not discrimination. What Casey Martin is asking for, regardless of what he or his lawyers say in front of the cameras, is either of two things:
Special treatment is obviously out of the question as it would mean the PGA was then discriminating against those without a disability. And remember, discrimination is bad. So his only real hope is to somehow get the PGA to change the rules. He has tried repeatedly submitting formal complaints to them, but they refuse to change. Fine.
Well, Mr. Martin wasn't satisfied with the PGA's refusal to cater to his every need, so then took them to court. Multiple lawsuits and appeals have been filed at each step of the judicial ladder, ending with a final attempt with the U.S. Supreme Court. Since President Bush has yet to make his mark on the Court with conservative appointments, the Court is still ruled by leftist extremists. These socialists have ruled that the PGA must change their rules to accommodate Martin's needs.
Once again, the Supreme Court has assumed powers not mentioned in the U.S. Constitution. Oh yea, remember that document? It lists in detail the exact powers of all federal courts, including the Supreme Court. But the left doesn't care what the Constitution says. To them, the most important thing is supreme government rule over the people. According to them, other than the abortion anomaly, the fewer rights people have, the better.
How did this happen? The American with Disabilities Act. Remember the ADA? It's an extremely poorly written law (1990) that requires employer accommodations for anyone with a disability. However, the authors of the ADA did not define a disability. 1st-year law students know that a legal document, especially a law, must define all vague terms explicitly so that there can be no confusion. Confusion over a law invalidates the law. So, as predicted, the ADA has been used successfully in the most absurd cases, to require employers to retain employees with drug addictions, alcoholism, even gambling addictions. And now, we have another ridiculous use of the law by Casey Martin to require the PGA to let him use a golf car during a professional tournament.
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