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
1957 Ad in North Hollywood High School newspaper. Courtesy of Ray Martin (click on image to enlarge)
