Paper 2: Athletes and the ADA
Title of Case: PGA Tour, Inc. v. MARTIN/FindLaw (U.S. Supreme Court Decision)
Facts of the Case: This case was argued on January 17, 2001 by the United States Supreme Court and was decided on May 29, 2001. The company that supports and sponsors professional golf tournaments on three annual tours is the PGA TOUR, INC. They stated that in order for players to participate in the tours they must successfully complete a three-stage qualifying tournament that is known as the “Q-School.” To gain entry into the tournament, a golfer needs to pay a $3,000 entry fee, which covers fees for the greens and golf carts, and must have two letters of recommendation. This qualifying tournament only allows golf carts to be on the greens during the first two rounds of the three-round tournament. The court discovered this rule was set in place to “inject fatigue into the skill of shoot-making.” The respondent, Martin, is a talented golfer who suffers from a degenerative circulatory disorder. This disorder makes it difficult for him to walk the golf courses, thus his disability is classified under the
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According to the ADA, people with disabilities should have access to the same public services and accommodations as normal able-bodied people. Due to the fact that golf courses are “deemed places of accommodation during professional tournaments,” the United States Supreme Court’s ruling to allow golf carts falls under the Title III of the ADA. In this situation, Martin was unable to participate in the third stage of the Q-School without the use of a golf cart. He fought for himself and other disabled golfers, whose disabilities fall under the ADA, to give all players equal experiences. Therefore, if a disabled person is unable to walk a golf course due to a disorder, the petitioners or parties of interest should conform without changing the character of the
The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.
Moran, John Jude. "Disability Discrimination." Employment Law: New Challenges in the Business Environment. Upper Saddle River, NJ: Prentice Hall, 2014. 413-14. Print.
The movement continues to make great strides towards the empowerment and self determination ("Disability rights movement," 2005, p. 3). On the other hand, it has not completely broken down barriers that continue to create the dynamics of oppression among such individuals. For instance, WIOA can be harmful to individuals with disabilities because there are still societal prejudices and biases associated with the stereotypical portrayal of people with disabilities and WIOA has played a role in it. For example, WIOA networks with employers to hire individual’s with disabilities and place them in conventional settings, where they work with others who have disabilities, for example, Walgreen’s and in fact, these participating organizations have also increased their pay. In my opinion, individual’s with disabilities should be able to work with individuals who are not disabled, as well. Furthermore, pay for those individuals who are still considered to be in “sheltered” work programs have not received an increase in pay. Additionally, according to my studies, in 2012, less than 30 percent of Florida’s civilians with disabilities between age 18-64 living in the community were employed. There is a greater priority focused on young people who are disabled. This is an additional issue in my opinion which can be considered discrimination, because, the focus leaves out middle aged individuals as well as,
Transgendered people in America have made many great strides since the 1990s. They have encountered violence, lack of health care, and the loss of homes, jobs, family and friends. There have been many phases of the struggle of being transgendered in America over the years. The current phase we must be in now is equal rights. There are many variations of discrimination against the transgendered community. In our society we simply do not like what we do not understand. It is easier to discriminate than to try and understand. We are all created different and we should appreciate our differences. The change must come by addressing the views of the public. There is much justification in the unequal rights of transgendered peoples. The Human Rights Campaign has been started to achieve equal rights for all Americans including the LGBQ community. A serious injustice is in the world of sports. Professional sports are one of societies major traditions totally based on rules and regulations that are meant to preserve the integrality of the games, but may not be inclusive to all its players.
...golf. This clinic allows him to come on the golf course and still play the game of golf in his wheel chair. The mission of the Hillandale Golf Course Adaptive Golf Program is to provide a no cost nurturing golf environment four times a year for individuals who have experienced a birth defect, illness, traumatic accident or military injury. These 2 programs play a big role in patients with disabilities lives.
In the years to come the players would slowly develop rules for the game. Golf began to take shape as the game played today in the 1800’s. “Golf in the first half of the century was still largely an informal game: there was almost no distinction between amateurs and professionals, and matches were set up primarily to bet on, bets made between players and spectators.” (Pearson, History of the Game of Golf) The elitist members of the clubs used these matches to help set up the rules used in today’s game. Peasants were only allowed to play under special circumstances, “The artisans may play on Sunday after raking the bunkers, but they’re not allowed at any time to walk in front of the clubhouse.” (Arscott, Golf: A Very Peculiar History) Other than this the course and golf club was only available to the elite citizens that would spend weekends and holidays playing golf and other
Imagine the sun bursting through the trees for the first time of the new day, the smell of freshly cut grass still potent to your nose as you tee the ball up for a round of golf in the cool mist of a spring morning. "That is what brings you back every time, the smell of the air, the coolness of the whether and the beautiful surroundings that make every shot enjoyable." (Suess, PI) This is the game of golf in its finest and most exquisite time to many people and many people it has touched in its long history. Golf is a lifestyle and not just games to people that are avid in playing. The game of golf has a history that is rich in technological advances and personal accomplishments, which through time has shown to shape the sport into what it has become today.
Kirsch, George B. "Municipal Golf And Civil Rights In The United States, 1910-1965." Journal Of African American History 92.3 (2007): 371-391. Academic Search Premier. Web. 11 Nov. 2013.
The Special Olympics date back all the way to the year 1968. Many see these Games as a time to honor someone who is able to “overcome” a task, but author William Peace sees this as an insulting portrayal of people with disabilities. Peace is a multidisciplinary school teacher and scholar that uses a wheel chair and writes about the science behind disabilities and handicaps. As a physically handicapped individual, Peace is able to observe a negative portrayal of disabled persons. In his article titled, “Slippery Slopes: Media, Disability, and Adaptive Sports,” William Peace offers his own personal insight, utilizes several statistics regarding handicaps, as well as numerous rhetorical appeals in order to communicate to the “common man”
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 millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
The presence of medical conditions, classified as disabilities by the Americans with Disabilities Act as, “…a physical or mental impairment that substantially limits one or more of the major life activities of an individual… (2008, Sect.4), has created a demand for equality on the W. W. W. similar to demands of equality by previous movements. Although the demands that disabled people are provided the same opportunities to access the Internet may be minute compared to previous civil rights struggles, it should not be overlooked as less important.
The ADA was passed in an effort to end discrimination and prejudice in American society, and to better accommodate the disabled. While the act gives a clear outline of what rights a disabled person is entitled to; it does not clearly enough define who exactly is allowed these rights or protections, because of the use of vague language, and diagnosis’ being assigned by judges rather than doctors the disabled have seen little change as a result of the ADA.
The main obstacle faced by students with disabilities in the attempt to achieve educational equality is the continuing debate over the In...
Sullivan, Kathleen A., Patricia J Lantz. "Leveling the playing field or leaving the players? Section 504, the Americans with Disabilities Act, and Interscholastic Sports." The Journal of Special Education (Winter 2000): 258
I know that there are certain accommodations that can help an individual when they are in school. If a student requests accommodations then the teacher has to comply with the request for accommodation since it is a law and legal action can happen. The teacher and the school will be in a lot of trouble if they do not comply with the person requesting the accommodations. I know that buildings have to be built to code for people that cannot walk or have trouble walking and using the restrooms. I know that hallways and doorways have to be a certain width so that a wheel chair can fit through. There has to be toilets that people in wheel chairs or who cannot go to the restroom like everyone else in public places and buildings. Students must receive the same material as everybody else does in the classroom along with the same directions or any extra information that everyone else receives. People with disabilities have the right to be educated. There are certain circumstances in which information can be modified if it will help the student to succeed in their education career; as long as it is reasonable. The current system for people with disabilities is pretty good but there are a few parts that need to be changed or enforced more so. I know that these rules and