PGA TOUR, Inc. v. Martin, 532 U.S. 661, 9 (2001)

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

Opinion of the Court

When Martin turned pro and entered petitioner 's Q-School, the hard card permitted him to use a cart during his successful progress through the first two stages. He made a request, supported by detailed medical records, for permission to use a golf cart during the third stage. Petitioner refused to review those records or to waive its walking rule for the third stage. Martin therefore filed this action. A preliminary injunction entered by the District Court made it possible for him to use a cart in the final stage of the Q-School and as a competitor in the NIKE TOUR and PGA TOUR. Although not bound by the injunction, and despite its support for petitioner's position in this litigation, the USGA voluntarily granted Martin a similar waiver in events that it sponsors, including the U. S. Open.

III

In the District Court, petitioner moved for summary judgment on the ground that it is exempt from coverage under Title III of the ADA as a "private clu[b] or establish-men[t]," 10 or alternatively, that the play areas of its tour competitions do not constitute places of "public accommodation" within the scope of that Title.11 The Magistrate Judge concluded that petitioner should be viewed as a commercial enterprise operating in the entertainment industry for the economic benefit of its members rather than as a private

doing with his life, and every coach, to my knowledge, and every player wanted Casey in the tournament and they welcomed him there.

"Q. Did anyone contend that that constituted an alteration of the competition to the extent that it didn't constitute the game to your level, the college level?

"A. Not at all, sir." App. 208.

10 Title 42 U. S. C. § 12187 provides: "The provisions of this subchapter shall not apply to private clubs or establishments exempted from coverage under Title II of the Civil Rights Act of 1964 (42 U. S. C. § 2000-a(e)) or to religious organizations or entities controlled by religious organizations, including places of worship."

11 See § 12181(7).

669

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