Feb. 4, 1998 Mark Twain called the game "a good walk spoiled." Now, the role walking plays in golf is the key issue in a disabled golfer's lawsuit against the Professional Golfers' Association (PGA) Tour. The case is being heard in federal court in Eugene this week. Martin, who suffers from a painful and disabling condition affecting his right leg, sued the PGA Tour under the Americans with Disabilities Act (ADA) for the right to use a motorized cart during tournament play. "The biggest issue in Martin's lawsuit is whether walking is an essential function of the game and I don't think it is," says Kenneth Lehrman, director of affirmative action and equal opportunity at the University of Oregon. "I'm not persuaded by the PGA's argument that the high level of competition on the tour makes this a fundamentally different game. I think the court should find that walking is a marginal function, which means that the PGA is obligated to make a reasonable accommodation for Martin to play." A civil rights law expert, Lehrman handles ADA cases at the UO. He explains that one of the technical questions that needs to be answered in the trial is whether Martin should be considered an employee of the PGA Tour. If the court decides Martin is an employee, then the organization would need to provide a reasonable accommodation for him to play if the accommodation were needed to perform something other than an "essential" function. "The ability to hit the ball is an essential function in golf, walking from hole to hole is not, as is evidenced in the PGA seniors' tour, which allows players to use carts," says Lehrman. "On the question of employer-employee status, while it may be true that the PGA does not directly pay the golfers, I think Martin is technically an employee since the PGA Tour decides almost every aspect of how, when and where the game is played." Lehrman doesn't believe Martin would receive a special advantage over other players if allowed to use a cart. "You have to take into account that, because of his disability, Martin is always in pain and, therefore, fatigued. He's at a competitive disadvantage even with a cart." SOURCE: Kenneth Lehrman, director, UO Office of Affirmative Action and Equal Opportunity, (541) 346-2971; E-mail, Kenneth_Lehrman@ccmail.uoregon.edu. -30- #T-1129/Daybook