PGA TOUR, Inc. v. Martin, 532 U.S. 661, 3 (2001)

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Cite as: 532 U. S. 661 (2001)

Syllabus

clients or customers. This conclusion is consistent with case law in the analogous context of Title II of the Civil Rights Act of 1964. See, e. g., Daniel v. Paul, 395 U. S. 298, 306. Pp. 674-681.

2. Allowing Martin to use a golf cart, despite petitioner's walking requirement, is not a modification that would "fundamentally alter the nature" of petitioner's tours or the third stage of the Q-School. In theory, a modification of the tournaments might constitute a fundamental alteration in these ways: (1) It might alter such an essential aspect of golf, e. g., the diameter of the hole, that it would be unacceptable even if it affected all competitors equally; or (2) a less significant change that has only a peripheral impact on the game itself might nevertheless give a disabled player, in addition to access to the competition as required by Title III, an advantage over others and therefore fundamentally alter the character of the competition. The Court is not persuaded that a waiver of the walking rule for Martin would work a fundamental alteration in either sense. The use of carts is not inconsistent with the fundamental character of golf, the essence of which has always been shotmaking. The walking rule contained in petitioner's hard cards is neither an essential attribute of the game itself nor an indispensable feature of tournament golf. The Court rejects petitioner's attempt to distinguish golf as it is generally played from the game at the highest level, where, petitioner claims, the waiver of an "outcome-affecting" rule such as the walking rule would violate the governing principle that competitors must be subject to identical substantive rules, thereby fundamentally altering the nature of tournament events. That argument's force is mitigated by the fact that it is impossible to guarantee that all golfers will play under exactly the same conditions or that an individual's ability will be the sole determinant of the outcome. Further, the factual basis of petitioner's argument—that the walking rule is "out-come affecting" because fatigue may adversely affect performance—is undermined by the District Court's finding that the fatigue from walking during a tournament cannot be deemed significant. 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. Cf. Sutton v. United Air Lines, Inc., 527 U. S. 471, 483. There is no doubt that allowing Martin to use a cart would not fundamentally alter the nature of petitioner's tournaments, given the District Court's uncontested finding that Martin endures greater fatigue with a cart than his able-bodied competitors do by walking. The waiver of a peripheral tournament

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