00-24 PGA Tour Inc. v. Martin Stevens, J.

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“Under the ADA’s basic requirement that the need of a disabled person be evaluated on an individual basis, we have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of petitioner’s tournaments. As we have discussed, the purpose of the walking rule is to subject players to fatigue, which in turn may influence the outcome of tournaments. Even if the rule does serve that purpose, it is an uncontested finding of the District Court that Martin ‘easily endures greater fatigue even with a cart than his able-bodied competitors do by walking.’ 994 F.Supp., at 1252. The purpose of the walking rule is therefore not compromised in the slightest by allowing Martin to use a cart. A modification that provides an exception to a peripheral tournament rule without impairing its purpose cannot be said to ‘fundamentally alter’ the tournament. What it can be said to do, on the other hand, is to allow Martin the chance to qualify for and compete in the athletic events petitioner offers to those members of the public who have the skill and desire to enter. That is exactly what the ADA requires. As a result, Martin’s request for a waiver of the walking rule should have been granted.”

Affirmed.

Local Effect:

The decision overrules the Seventh Circuit decision to the contrary in Olinger v. United States Golf Assn., 205 F.3d 1001, 1006 (7th Cir.2000), concluding that the nature of the competition would be fundamentally altered by eliminating the walking rule.

00-24 PGA Tour Inc. v. Martin

Stevens, J.; Scalia, dissenting

On Certiorari to the United States Court of Appeals for the Ninth Circuit, 204. F.3d 994.