We just received a well reasoned, 32 page Order from Federal District
Judge
Hamilton finding that Marriott¹s refusal to provide accessible golf
carts is
a violation of the ADA. The next step is for the Judge to issue an
order
specifying what Marriott must do to comply, i.e., define the minimum
requirements of an ³accessible golf cart² and determine the number of
carts
per course. A settlement hearing is scheduled for February 14, 2008 to
see
if the parties can agree. If not, the Judge will issue a ruling.
The essence of the Judge¹s Order is:
³"Marriott's current policy does not provide plaintiffs,
mobility-impaired
golfers, with an experience that is functionally equivalent to that of
other
non-disabled golfers. Plaintiffs here have presented overwhelming
evidence
that they are unable to golf at Marriott's courses under the current
policy.
By contrast, non-disabled golfers can simply show up at the course and
Marriott will provide them with a functional cart as part of the cost
of
their round of golf. Accordingly, Marriott provides golf carts for
able-bodied golfers, but does not provide accessible carts for
mobility-impaired golfers like plaintiffs. Because Marriott's policy
places
plaintiffs in a distinctly unequal situation, as compared to their
able-bodied counterparts, it is discriminatory under the ADA.²
The full text is at www.mobilitygolf.com.
This decision is a extremely important step in our effort to make all
golf
courses accessible.
Rich Thesing
Mobility Golf
Photo in the archives of The Museum of the San Fernando Valley - 2008 (click on photo to enlarge)
