670
Opinion of the Court
club. Furthermore, after noting that the statutory definition of public accommodation included a "golf course," 12 he
rejected petitioner's argument that its competitions are only places of public accommodation in the areas open to spectators. The operator of a public accommodation could not, in his view, "create private enclaves within the facility . . . and thus relegate the ADA to hop-scotch areas." 984 F. Supp. 1320, 1326-1327 (Ore. 1998). Accordingly, he denied petitioner's motion for summary judgment.
At trial, petitioner did not contest the conclusion that Martin has a disability covered by the ADA, or the fact "that his disability prevents him from walking the course during a round of golf." 994 F. Supp. 1242, 1244 (Ore. 1998). Rather, petitioner asserted that the condition of walking is a substantive rule of competition, and that waiving it as to any individual for any reason would fundamentally alter the nature of the competition. Petitioner's evidence included the testimony of a number of experts, among them some of the greatest golfers in history. Arnold Palmer,13 Jack
Nicklaus,14 and Ken Venturi 15 explained that fatigue can be
12 § 12181(7)(L).
13 "Q. And fatigue is one of the factors that can cause a golfer at the PGA Tour level to lose one stroke or more?
"A. Oh, it is. And it has happened.
"Q. And can one stroke be the difference between winning and not winning a tournament at the PGA Tour level?
"A. As I said, I've lost a few national opens by one stroke." App. 177.
14 "Q. Mr. Nicklaus, what is your understanding of the reason why in these competitive events . . . that competitors are required to walk the course?
"A. Well, in my opinion, physical fitness and fatigue are part of the game of golf." Id., at 190.
15 "Q. So are you telling the court that this fatigue factor tends to accumulate over the course of the four days of the tournament?
"A. Oh definitely. There's no doubt.
. . . . .
"Q. Does this fatigue factor that you've talked about, Mr. Venturi, affect the manner in which you—you perform as a professional out on the golf course?
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