PGA TOUR, Inc. v. Martin, 532 U.S. 661, 13 (2001)

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

Opinion of the Court

a public accommodation." Id., at 998.18 In its opinion, the competition to enter the select circle of PGA TOUR and NIKE TOUR golfers was comparable because "[a]ny member of the public who pays a $3000 entry fee and supplies two letters of recommendation may try out in the qualifying school." Id., at 999. The court saw "no justification in reason or in the statute to draw a line beyond which the performance of athletes becomes so excellent that a competition restricted to their level deprives its situs of the character of a public accommodation." Ibid. Nor did it find a basis for distinguishing between "use of a place of public accommodation for pleasure and use in the pursuit of a living." Ibid. Consequently, the Court of Appeals concluded that golf courses remain places of public accommodation during PGA tournaments. Ibid.

On the merits, because there was no serious dispute about the fact that permitting Martin to use a golf cart was both a reasonable and a necessary solution to the problem of providing him access to the tournaments, the Court of Appeals regarded the central dispute as whether such permission would "fundamentally alter" the nature of the PGA TOUR or NIKE TOUR. Like the District Court, the Court of Appeals viewed the issue not as "whether use of carts generally would fundamentally alter the competition, but whether the use of a cart by Martin would do so." Id., at 1001. That issue turned on "an intensively fact-based inquiry," and, the court concluded, had been correctly resolved by the trial judge. In its words, "[a]ll that the cart does is permit Martin access to a type of competition in which he otherwise could not engage because of his disability." Id., at 1000.

18 It explained: "For example, Title III includes in its definition 'secondary, undergraduate, or post-graduate private school[s].' 42 U. S. C. § 12181(7)(J). The competition to enter the most elite private universities is intense, and a relatively select few are admitted. That fact clearly does not remove the universities from the statute's definition as places of public accommodation." 204 F. 3d, at 998.

673

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