Paga Tour, Inc. Vs. Casey Martin Case Study

The Americans with Disabilities Act has come a long way with helping to protect and obtaining justice for the disable opening the door for jobs and creating more adequate access to public spaces to an estimated 43 million disabled people however, corrective disabilities are more of a challenge. People whose disabilities that can be remedied with eyeglasses, medications, etc. are not covered by the ADA (Post, 1999). Justice Sandra Day O’Conner supports this action and wrote three provisions that led to the conclusion that remediable conditions are not a disability (Post, 1999).

The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for

In 2012, a woman named Tina Baughman filed for a lawsuit against Walt Disney World Company for failing to comply with her condition. Using the Americans with Disabilities Act, Baughman asserts Disneyland denied to offer full and equal access to the theme park (Tina Baughman v. Walt Disney World Company, 2012). Baughman is diagnosed with limb girdle muscular dystrophy, and thus has difficulty with walking (Tina Baughman v. Walt Disney World Company, 2012). Because Baughman has trouble standing from a seated position, she believes using a two-wheeled mobility system called a Segway is necessary. Segways allow Baughman to step into rides and buildings without struggling to stand up from a seated position (Tina Baughman v. Walt Disney World Company, 2012). In addition, the Segway permits Baughman to be eye-level with guests and workers. Walt Disney World Company, the defendant, claims wheelchairs are an adequate mode of transportation (Tina Baughman v. Walt Disney World Company, 2012). Baughman’s discomfort with using a wheelchair is not Disneyland’s concern. The judge ruled in favor

Dr. David Ketroser believes that the disabled community is ignored by businesses and the lawmakers themselves. He is on a mission to merge the disabled community into society without fault. Minnesota has now adopted an amendment to the Minnesota Human Rights Act that requires the complainant to detail each violation and give the business that may or may not be in violation to respond to the complaints. According to Deb McMillan, director of government affairs for the Twin West Chamber of Commerce, 'this has slowed down egregious drive-by litigation'. This suggests that there are many loopholes in the ADA that needs to be addressed. While the law is to protect the disabled community, there seems to be lead way for some unfortunately to take advantage. (Reinan,

The Americans with Incapacities Act (ADA) got to be law in 1990. The ADA is a social equality law that forbids oppression people with handicaps in every aspect of open life, including employments, schools, transportation, and all open and private places that are interested in the overall population. The motivation behind the law is to ensure that individuals with handicaps have the same rights and open doors as other people. The ADA is separated into five titles (or segments) that identify with distinctive ranges of open life.(Eeoc.gov, 2015)

Here, Martin suffers from a degenerative circulatory disorder, was otherwise qualified to play golf in the tournament, but was excluded because his disability made him unable to walk the course. Allowing Martin to use a golf cart in these circumstances would be a reasonable accommodation. The court ordered PGA to permit Martin to use a cart. PGA appealed to the U.S. Court of Appeals for the Ninth Circuit, which affirmed the order of the lower court. PGA appealed to the United States Supreme Court, which affirmed the lower court’s decision, ruling that a golf cart is a reasonable accommodation for a disabled athlete. PGA argued that making an exception to its “walking” rule would “fundamentally alter the sport of golf.” The Supreme Court disagreed, stating that the “use of a cart is not inconsistent with the fundamental charac­ter of the game of golf,” PGA’s tours, or the third stage of the Q-School. Golf is defined by “shot-making,” not by walking. The Court explained that the Americans with Disabilities Act (ADA) is applied case by case. In other words, “the needs of a disabled person are evalu­ated on an individual basis.” Thus, in this case, “even if petitioner’s factual predicate is accepted, its legal posi­tion is fatally flawed because its refusal to consider Martin’s personal circum­stances in deciding whether to accommodate his disability runs counter to the ADA’s requirement that an individualized in­quiry be conducted.”

There are three laws that are relevant to disability and sport. The first, The Rehabilitation Act of 1973, states that an individual with a disability cannot be excluded from participating in any program or activity that receives federal financial assistance, solely because of his or her disability. The second, Americans with Disabilities Act, is an extension of the Rehabilitation Act. This law expands the funding to state and local governments, as well as private organizations. The third, Individuals with Disabilities Education Act, states that all children with disabilities are required a free, appropriate public education. A current case involving the Rehabilitation act is Whitaker v. Wisconsin Department of Health Services. In this case, Whitaker is suing, stating that the company did not accommodate her disability and fired her in violation of the Rehabilitation act. The court ruled that Whitaker failed to establish she was an “otherwise qualified” employee, which is required by the act. One case pertaining to the ADA is PGA Tour v. Casey Martin. In this case, Martin suffered from a circulatory disease that prevented him from walking on a golf course. After being denied the use of a golf cart for a PGA tournament, Martin filed suit, claiming that the ADA was violated. The court ruled in Martin’s favor, stating that his disability did not alter the nature of the game. The Rehabilitation act was the first civil rights law in the United States designed to protect

Schaefer’s will win the case The ADA makes it illegal for businesses to discriminate against disabled individuals. To prove a violation of the ADA, a plaintiff must prove three facts. First, he must have a disability. Second, the business is a place of public accommodation. Third, he was denied full and equal treatment because of his disability. Under the ADA, a business may have discriminated against handicapped individuals because they have constructed and maintained “architectural barriers” which prevent disabled people from enjoying the business as any other person. (42 USC § 12182, subd. (b)(2)(A)(iv).)The Department of Justice created regulations which have become known as the “Americans with Disability Act Accessibility Guidelines for Buildings and Facilities.” The Department of Justice’s Accessibility Guidelines listed the minimum requirements for ADA compliance. The Accessibility Guidelines provide such things as the number of handicapped parking spaces a business must have and the dimensions of the spaces, the slope requirements for a handicap ramp, counter height, etc. It is these standards which serve as the cornerstone of an ADA

United States believed Ellerbe Becket continually failed to create facilities which gave wheelchair citizens the same lines of sight as non-disabled spectators. Civil penalties were sought by the united states along with and injunction against Ellerbe Becket Inc., so they cant create any more facilities that weren't up to ADA compliance.

General Purpose: Inform the audience about an important social issue that has changed over time by introducing potentially unknown information about the relevant issue.

For the past two years, I have been working with a child who was diagnosed with spina bifida at birth. He is paralyzed from the waist down, and uses a manual wheelchair for mobility. Like most twelve-year old boys, he enjoys being outside and loves basketball. The neighborhood he lives in has an outdoor basketball court for the community to enjoy, however; there are many barriers interfering with his ability to access to area. His neighborhood was developed prior to 1990, so the public areas are not in compliance with ADA standards. The basketball court is located down the street from his home, and currently there are no sidewalks available for him to safely maneuver his wheelchair. The parking lot outside the court is an uneven gravel terrain

Many antagonists toward the sport think that playing golf involves no real rigorous physical activity. Burning 360 calories per hour playing golf without a cart or caddie is far less than the number of calories burned per hour in competitive sports: 900 in soccer, and 727 in football, basketball, and tennis. Nearly half of the maximum calories burned while playing golf are from walking the course and carrying the clubs, but the US Supreme Court ruled that walking is not an essential aspect of golf. In PGA Tour v. Martin (2001), the justices ruled 7-2 that the pro tour had to allow a golfer with a disability to use a golf cart because it would not "fundamentally alter the nature" of the activity. Using a cart while playing golf reduces the number

As we all know, Mr. Tiger Woods is having a hard time of dealing with his personal life. We are very sorry that what he did is harming the reputation of Tiger Woods Foundation, which is related to your interests. However, we want to let you know that we care about you as stakehoders, and all of our staffs are trying our best to protect our brand and reduce the damages as less as possible. As the CEO of Tiger Woods Foundation, I will stick to the core values of Tiger Woods Foundation, which is to create more opportunities for helping the youth to achieve their education goals. This main principle will never be changed. Besides that, I will manage our foundation in all the way I can to overcome the challenges and make it perform better than we did.

On short notice, I found myself transiting through MEM positioning to CHS for a LCF flight. The St. Jude Golf Tournament was taking place and our primary hotel was oversold. Initially, I was placed in a Marriott on Nonconnah Blvd. Being very familiar with Memphis, I knew that this location is in a dangerous part of town. I spoke with travel and they shifted me to a Hampton Inn 20 miles away in Bartlett, Tennessee. Memphis has a high crime rate, especially around the airport. The only area that is suitable for our crews is east of I-240 and north of Poplar Pike. Shady Grove Road is in a good area, but two miles further east is Germantown is more pedestrian friendly.

Another key component to a sportscape is accessibility. The Americans with Disabilities Act (ADA) “was passed in 1990, and gives mandates about construction, design and renovation of public accommodations that allow access to people with disabilities (Clow, Fetchko and Roy, 2013). Although, this law does not extend to stadiums outside the United States, the “Birds Nest” has set a new standard for other to follow. The stadium has more than 200 wheelchair seats intended for the disabled, which “architectural experts think that it not only is a symbol building of the 2008 Olympics but also set a very good example to the world 's architectural history” (Travel China Guide, 2016). Not only is it a kind gesture to provided ample space for the disable, more importantly, it shows how important attending live events are for those who are disable and how vital it is to meet their needs.