Alexandra Paul Issue
Alexandra Paul Interview
Who would have ever thought to look at professional golf as an agent of cultural
change? Yet in the past year Tiger Woods and Casey Martin have forced many Americans to
face two of their most deep seeded cultural prejudices through their play on the
professional links. This has been somewhat surprising considering the legacy of the PGA
which has in the past relied heavily on its aging white wealthy male stars to keep its
mostly white aging male audience watching and playing. The world of country clubs and polo
cotton shirts have just never seemed all that accessible to young people let alone young
black fans and athletes or people with disabilities. Yet within the past year, these two
former college roommates from Stanford University have forever changed the face of this
once quiet, reserved and traditional sport. Tiger Woods' victory at the PGA Maters forever
shattered the notion that golf was a "white man's game," and months later
Martin's victories on the Nike Tour and in the court room have changed challenged just
what it means to be an athlete with a disability. Martin is certainly not the first athlete to compete with a disability and will not be
the last. In fact as early as the 1880s the ranks of professional baseball included an
amputee pitcher. Yet at the same time the acceptance of athletes with disabilities in
professional sports has always had a tenuous relationship with the "rule book."
The major athletic leagues have always had mechanisms to keep players with disabilities
off the court or field. Typically this came by way of "injured lists" or formal
requirements which made accommodations or acceptance of an athlete with a disability or
who had acquired a disability while playing unlikely. In this light it seems strange that
disabilities haven't had a higher profile in professional athletics. Many of the greatest
heroes of yesteryear now live with the permanent wounds of competition. Professional
football, baseball, basketball and hockey players almost always leave their games with a
permanent legacy of injuries and surgeries. In fact braces, casts and crutches are just as
much athletic gear as gloves, pads and balls. Yet rarely do athletes enter their professional careers with a disability as Martin
has. There have a been a handful of notable media darlings who are praised for their
"courage and perseverance" to make it to the professional ranks, without an arm,
or hard of hearing. Former pitcher Jim Abbott comes to mind as one of those "great
stories" who was famous before his first pitch because he had no lower right arm. Yet
Abbott's story is interesting in light of Casey Martin's case. Everyone believed Abbott
could only play in the American League because in the National League the rule book would
require him to swing the bat and hit. This limited his choice of potential employers to
only half the teams in Major League Baseball who are allowed to use the designated hitter.
Clearly Abbott could pitch and had quite a career with the California Angels and New York
YankeesÑbut only because of an artifact of the American League rule book. Casey Martin is in a similar predicament. He has a congenital circulatory disorder
called Klippel-Trenauunay-Weber syndrome which reduces the flow of blood to his right
lower leg. This makes it painful for him to walk and eventually may require amputation.
While Martin has yet to qualify to play on the PGA tour, everyone concedes that he will in
the coming year. He actually won his first professional tournament on the Nike tour last
year. It was here in the "minor leagues" of golf and at Stanford where he was
initially granted exemptions for the use of a cart because everyone knew he could play the
game. Yet his request for a similar special circumstances exclusion form the PGA circuit
was initially denied. Thus Martin filed suit against the PGA under the guidelines of the
Americans with Disabilities Act (ADA) which would require the PGA to make "reasonable
accommodations" to Martin if they were indeed his employer and source of well being. The PGA has fought and continues to fight vigorously to deny Casey the use of a cart
because as PGA Commissioner Tim Finchem, puts it, "To afford one player a competitive
advantage over the rest of the field is neither fair nor wise, and it is inconsistent with
a fundamental aspect of sportÑthat the playing field be level for all competitors."
Yet this has been a difficult case to make after the NCAA and the Nike Tour previously
disagreed with the PGA and allowed Casey to use a cart. The notion behind this approval
was that Martin was a fundamentally sound and competitive golfer. He may have trouble
walking, but then again no one has ever watched the likes of Tiger Woods or Arnold Palmer
to see how well they walk. Golf is a game of strategy and shot making. Of technique,
accuracy and skill. No one has ever won a PGA event based on their incredible walking
abilities. Martin has never asked for anything like special clubs, balls or tees which
would effect his ability to make shots and therefore be unfair. Instead Martin only asked
for assistance getting to and from each shot. Casey Martin will likely lose at least part
of his leg in the near future. Giving him a cart doesn't make it "easier" for
him relative to the other golfers. Tiger Woods could walk hundreds of miles and he still
is not going to feel what Martin does. In objective terms even with a cart, still Martin
remains disadvantaged endurance wise by the very nature of his disability. Yet the PGA has not seen this side of Martins predicament. Instead Finchem has made a
number of statements which ring of the exclusionary tones which professional golf has been
known for in the past. He has stated that, "The PGA tour strongly supports the spirit
of the Americans with Disabilities Act. All tournament Players Clubs have handicap access,
and all PGA Tour events provide adequate handicap access so that fans may enjoy Tour golf.
In addition, PGA Tour events have raised a great deal of money over the years for
organizations supporting handicapped persons." It seems, the PGA is perfectly willing
to have a person with a disability come watch an event but actually trying to play on the
tour is a different story. Perhaps Finchem was implying that Casey should just be
comforted by the fact that the PGA is doing everything it can to raise money for what
Finchem terms "the handicapped" instead of pushing so hard to actually play. The PGA's somewhat exclusionary and paternalistic tone has drawn the criticism of
several politicans in Washington who helped get the ADA passed. Iowa Senator Tom Harkin,
co-author of the Americans with Disabilities Act, feels that the PGA's "rules of the
game" are just another way to systematically deny others the right to play. He said,
"Rules and traditions that create barriers for people with disabilities are rules and
traditions that must be changed." Former Senator Bob Dole has made similar comments.
He said "In my view, it all comes down to a basic question of fairness. The PGA
argues that giving Casey a cart would fundamentally alter the nature of its tournaments
and give him an unfair advantage. I think the question is ÔWould it?' I don't believe
so." Dole has made the recommendation that perhaps the PGA should allow Martin to
walk nine holes instead of 18, or allow any player who wants to ride a cart to do so. On February 11, with considerable political support behind him, Martin was able to
convince a federal magistrate judge in Oregon to compel the PGA to offer him the use of a
cart if and when he qualifies for the tour. U.S. Magistrate Thomas Coffin reasoned that
Casey expends as much energy riding in a golf cart through a round as most players walking
the full 18 holes. "What he as an individual is experiencing, given his condition, is
easily greater than the fatigue factor induced in the able-bodied person walking the
course." This marks the first occasion in which the ADA has been challenged and
succeeded on an issue related to athletic participation. In order for the ruling to
matter, Martin must either win three Nike events, finish in the top 15 Nike money winners
at the end of the year, score among the top players in the PGA Tour's qualifying
tournament or receive a sponsor's exemption to a tournament. Martin's initial reaction to
the ruling was, "I just hope maybe five or 10 years from now, if I'm still able to
play golf, the PGA Tour will just kind of lean back and scratch their heads and say: ÔNow
why did we fight this guy?' I just want to be given a chance to play. Believe me, I
wouldn't have done this if I'd have thought I had an advantage (with a cart)." While accepting this initial setback, the PGA is not backing down in the long term.
They are committed to spending whatever it takes to continue fighting Casey's provision
for a cart. Commissioner Finchem said, "The PGA Tour is disappointed with the court's
decision. As we have said from the outset of this lawsuit, we believe firmly in the basic
premise of any sport, that one set of rules must be applied equally to all competitors.
Additionally, we believe strongly in the central role walking plays for all competitors in
tournament championship golf at the PGA Tour and Nike Tour levels." Yet it seems that
in this case the provisions of the ADA outweigh the rules of the PGA. The courts and many
professional golf fans do not seem to believe walking is so central to the PGA Tour. Martin's attorney paraphrased this common sentiment by saying, "We're seeking an
equal opportunity for Mr. Martin to demonstrate his abilities. Mr. Martin just needs a
ride to the starting line. We're not asking for a 50-yard lead." Many sports
journalists feel the same way. As Joe Frisaro of USFANS writes, "It baffles me how
many confuse disability with injury. Some act like Martin is some finely conditioned
athlete like Evander Holyfield, looking to cruise along in a cart to preserve energy.
Martin's competitors still hold a tremendous advantage because they can condition their
bodies in a way Martin can't. Martin, for example, can't condition his legs to generate
extra power in his swing. His legs, after all, are deteriorating. Who knows how long his
leg, or career, will hold up. A disabled golfer still is subject to injury, just like any
other golfer. Casey Martin still can pull a back muscle. He still can get tired after four
rounds. If need be, golf should make carts optional to all. The Seniors tour already does
it, and no one complains. So precedent already exists to allow carts. Besides, wasn't
Martin allowed to use a cart already, too?" The eventual outcome of the Casey Martin story may define the future of athletes with
disabilities. The Paralympic movement has already begun to take steps towards proposed
integration with the Olympics while other sports are becoming more diversified every year.
Not only have racial barriers been broken in almost every sport but gender barriers as
well with the development of women's professional basketball and a gold-medal winning
women's hockey team. Likewise, the NCAA is under considerable pressure to allow equal
access and opportunities for athletic participation. In this respect Casey Martin's case
may act as a precedent for non-competitive related rule changes which would provide
greater access to qualified athletes. Clearly the next challenge is on appeal and
eventually may reach the Supreme Court where the applicability of "reasonable
accommodation" and the ADA apply to athletic employment. The tour is resorting to
many of the same tactics that other exclusionary bodies have in the past to escape civil
rights laws. They make the claim that The PGA is a private entity and therefore not
subject to the provisions of the ADA, under the rule which excepts a "private clubs
or establishments." The PGA lawyers said that "while plaintiff's golf skills and
accomplishments may be notable, and perhaps even inspirational, Congress never intended
the ADA to require a private organization such as the PGA Tour to change the rules of its
tournaments to accommodate a would-be participant." Its ironic that since Tiger and Casey have entered the game, that the PGA has never
been hotter. It went from the approximate status of professional bowling to a headline
story on ESPN and in the sports report. Golf has been without a Jordan or an Elway or a
Griffey for the past decade. The sport was in decline, kids weren't as interested and
suddenly with two new high profile golfers its become something for people who had never
cared about golf before to talk about and follow. In the end the PGA will lose if they win
the final case. How would the Dodgers look today if they had never promoted Jackie
Robinson to the major leagues and instead run him out of baseball? Memo to Commissioner
Finchem: The kid can playÑand he can do it better than a lot of the
"able-bodied" athletes on the tour and not because of a cart but because he's
got a legitimate game.
Casey Martin, Tiger Woods, and the Golf War
AIDS, HIV, and Protease Inhibitors