OCTOBER TERM, 2000
Syllabus
certiorari to the united states court of appeals for the ninth circuit
No. 00-24. Argued January 17, 2001—Decided May 29, 2001
Petitioner sponsors professional golf tournaments conducted on three annual tours. A player may gain entry into the tours in various ways, most commonly through successfully competing in a three-stage qualifying tournament known as the "Q-School." Any member of the public may enter the Q-School by submitting two letters of recommendation and paying a $3,000 entry fee to cover greens fees and the cost of golf carts, which are permitted during the first two stages, but have been prohibited during the third stage since 1997. The rules governing competition in tour events include the "Rules of Golf," which apply at all levels of amateur and professional golf and do not prohibit the use of golf carts, and the "hard card," which applies specifically to petitioner's professional tours and requires players to walk the golf course during tournaments, except in "open" qualifying events for each tournament and on petitioner's senior tour. Respondent Martin is a talented golfer afflicted with a degenerative circulatory disorder that prevents him from walking golf courses. His disorder constitutes a disability under the Americans with Disabilities Act of 1990 (ADA), 42 U. S. C. § 12101 et seq. When Martin turned pro and entered the Q-School, he made a request, supported by detailed medical records, for permission to use a golf cart during the third stage. Petitioner refused, and Martin filed this action under Title III of the ADA, which, among other things, requires an entity operating "public accommodations" to make "reasonable modifications" in its policies "when . . . necessary to afford such . . . accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such . . . accommodations," § 12182(b)(2)(A)(ii) (emphasis added). In denying petitioner summary judgment, the Magistrate Judge rejected its contention, among others, that the play areas of its tour competitions are not places of "public accommodation" within Title III's scope. After trial, the District Court entered a permanent injunction requiring petitioner to permit Martin to use a cart. Among its rulings, that court found that the walking rule's purpose was to inject fatigue into the skill of shotmaking, but that the fatigue injected by walking a golf course cannot be deemed significant under normal
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