"There
are many ways of going forward, but only one way of standing still."
– Franklin Roosevelt
I
love it. Our only wheelchair-bound president knew more 60 years ago
about moving forward than the Professional Golfer’s Association
(PGA) does today. They’re still standing still.
Golfer
Casey Martin was born with the congenital defect
Klippel-Trenaunay-Webber Syndrome, a disorder of blood vessels
causing varicose veins and excessive growth of the soft tissue and
bone. To walk, he must wear a strong support stocking to minimize
swelling in his right leg. The degenerative weakness, painfully
attacking his calf and tibia, has left him unable to walk unaided the
4 to 5 miles a round of golf requires. The longer the holes, the
longer the course, the more his leg screams at him, impairing the
physical execution needed to fulfill his job description.
A
golfer who can’t walk can’t compete. The PGA says so. Martin
sued the PGA in 1997 for the right to ride a golf cart between shots,
rather than walk like the rest of the golfers. He cites the
Americans with Disabilities Act (ADA), which requires accommodations
in the workplace for the physically disabled.
Tough
luck, the PGA argues. They say the ADA requires accommodations for
the disabled, but doesn’t require measures that would change the
fundamental nature of goods or services, and allowing Martin to ride
does exactly that. PGA Commissioner Tim Finchem says, “… the
general question of fairness in competition and what happens when any
individual is afforded special assistance is going to trigger some
reaction at some point.” “Pro sports,” the PGA's lawyer,
Bartow Farr III, says, “are nothing more or less than a competition
that tests excellence in performing what [the] rules require. Any
attempt to adjust the rules to compensate for an individual player's
physical condition fundamentally alters the nature of that
competition."
Finchem’s
“special assistance” and Barr’s “compensation for physical
condition” occur today on the PGA. Look at one PGA success story
for proof.
There’s
another golfer with a similar physical imperfection. It’s in
another part of his body, but uncanny parallels exist. Like Martin,
he was born with a significant physical problem. Each chose to join
the PGA, to vie in a highly competitive sport. Their professional
and financial success is determined largely by attributes indelibly
programmed into their DNA. This golfer, too, is strongly
disadvantaged on the longer holes, the longer courses, where his
disability is most apparent. At least, he would be, but unlike
Martin, he has been allowed use of the technology needed to lessen
the impact, without which his capacity to compete at his current
astounding level of excellence would simply not be.
You
say you don’t remember the case, the prolonged court battle he
fought to win the right to use the performance enhancer? You’ve no
recollection of the PGA’s righteous outrage over this blasphemy?
That’s because there was none. No clucking from Finchem or Jack
Nicklaus. No litigation. No mention of this “special assistance”,
so repugnant to Finchem.
That’s
right. No one seems to mind Tiger Woods having had laser eye surgery
in 1999. Alleviating eye problems with laser beams so Woods could
see long distances was somehow different than mitigating leg problems
so Martin can still stand when he reaches the 18th tee.
Finchem’s silence on the issue screams this fact.
I
can hear y’all laughing at the comparison, but how indeed are they
different? Reading the breaks on greens and accurately judging the
distances on fairway shots is integral to Woods’ success. Is laser
surgery not special assistance?
The
issue is, at what point on the disability spectrum, from a simple
hangnail to total quadriplegia, do we allow the PGA to draw the line?
It does have to be somewhere, but where? The definitions of
“special assistance” and “changing the fundamental nature of
goods and services”, to be rendered in this case will have impacts
beyond golf.
The
Martin case will be heard by the Supreme Court, which must allow
exceptions to the ADA sparingly. Handcuffing it opens the door to
numerous questionable challenges, when such challenges suit an
employer’s narrow, selfish interests.
For
athletes, hundreds of physical issues exist which routinely are
rectified by technology. A bandage on a cut thumb or a brace on a
gimpy knee both provide special assistance. So does a golf glove,
for God’s sake. Should barefoot golf be mandated so tenderfoots
gain no edge? Hell, make ‘em play butt-naked. Let’s make the
playing field obscenely level.
"Now
that I'm normal, one of the things that appears to me is the slopes
are bigger. Objects are bigger. The hole is bigger, ball is bigger,
clubs are bigger." - Tiger Woods in 1999, right after the eye
surgery.
He won
his next three tournaments.
The PGA
just doesn’t get it.
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