Medical Condition Prohibits My Son from Carrying Clubs - Issue with Local PGA Section

[jigsaw1011]

My son was diagnosed with a chronic back condition when he was 10 (he is now 15). Doctors told us he can not carry a golf bag for a round of golf.   We have been able to play many tournaments where it is not been an issue because he uses his push cart.  However, at our local PGA section tournaments it has been an issue.  In fact he has had to miss the tour championship for the past few years because the club where it is hosted does not allow push carts.  Also, our local section has a team event that you qualify to play based on your points through the season.  He has qualified each year but again the push cart was an issue so he couldn't play.  The head of the junior tour just says it is the club's policy.  He wants to play in these events but has been prohibited with the junior tour director not making any effort to accommodate my son. I am not sure how to proceed at this point.  Any suggestions/ideas?

[goaliedad30]

This seems like you might be able to go down the ADA / reasonable accommodation route. There are several possible accommodations I can think of:

• Allow a push cart
• Allow a caddie whose sole function is carrying clubs (i.e., can't communicate with player; carries the bag and says nothing)

A local attorney who specializes in ADA stuff could probably write a couple of letters to the local tour and the club which will get you a desired outcome.

[golow]

Contact CT PGA section .... they allowed kid to use cart (ride) because he has a degenerative hip disorder (going into junior year in D1 college) now. 

 

ADA / Casey vs PGA Tour. 

 

Great kid and really good player 

[BIG STU]

Agree 110% with the pervious posts---- He is protected by his RIGHTS under ADA---- Wish I was a lawyer I would do you a letter pro-bono---- I can not stand it when handicapped people of any age are not treated fairly==== Yep I would file suits on everyone involved. 

[caniac6]

It’s a real shame the local section chooses to do business with such restrictive courses. This should have been an absolute red flag for them when looking for courses to host a tournament.

[ChipDriver]

The country club probably doesn't want carts from other places b/c it can contaminate their grass.   Is there another way that they can accommodate your son?  Can he bring a caddie (or can YOU carry the bag)?  Or can he take a cart?  

 

I don't necessarily think that litigation is the immediate answer at all - and i'm a former litigator.  

 

You face several law suits off the top of my head:  1) You're fighting a private club? and you're fighting the tournament too?   Private clubs  usually exempt from ADA enforcement...unless they are putting on a "public event"...and it can be litigated what that means.    Additionally you're fighting the tournament organization; and also dealing with other potentially nasty parents who don't care about your kid -they care about their kid.   Also I'd caution: the Casey Martin case was not as simple as it sounds.  As a parent you might want to consider winning a series of battles, but losing a war.  If you sue - you have to have your son testify.  Putting kids on the stand can be awful...and detrimental in the long run b/c it may highlight weaknesses that he isn't ready to deal with.   I say this as a parent. not as a lawyer.   

 

With CM  It was determined that his medical condition would continue to deteriorate and not get any better and that a cart would therefore NOT give him any advantage.   And he had resistance from NCAA all the way up to the Supreme Court.  That means it was a legal battle up until then.  Is that the case with your son?   I hope that he can eventually get better; or his deterioration can arrest if he does not carry.    But an argument could be made that the doctor's advice was suggested to prevent further deterioration of your son's condition...but that his condition could stay the same, or improve with the help of the cart....and therefore he could gain an advantage over the field.   

 

Your first hurdle is the private club who has a legitimate concern - they don't want push carts (which can contaminate their course) = so see if they will allow something else?  And then if that "something else" is allowed by the tournament organization.  Much better chance of accommodation than creating legal trouble.  🙂   Final note on that - if you litigate - it won't be quick.

 

Good luck - I've never really seen lawyers be helpful in these types of situations.   Be polite, be respectful and try to work a solution with the club first; then the tournament.  Hope it works - good luck.

 

 

 

[kekoa]

On 8/27/2022 at 9:11 AM, ChipDriver said:

The country club probably doesn't want carts from other places b/c it can contaminate their grass.   Is there another way that they can accommodate your son?  Can he bring a caddie (or can YOU carry the bag)?  Or can he take a cart?  

 

I don't necessarily think that litigation is the immediate answer at all - and i'm a former litigator.  

 

You face several law suits off the top of my head:  1) You're fighting a private club? and you're fighting the tournament too?   Private clubs  usually exempt from ADA enforcement...unless they are putting on a "public event"...and it can be litigated what that means.    Additionally you're fighting the tournament organization; and also dealing with other potentially nasty parents who don't care about your kid -they care about their kid.   Also I'd caution: the Casey Martin case was not as simple as it sounds.  As a parent you might want to consider winning a series of battles, but losing a war.  If you sue - you have to have your son testify.  Putting kids on the stand can be awful...and detrimental in the long run b/c it may highlight weaknesses that he isn't ready to deal with.   I say this as a parent. not as a lawyer.   

 

With CM  It was determined that his medical condition would continue to deteriorate and not get any better and that a cart would therefore NOT give him any advantage.   And he had resistance from NCAA all the way up to the Supreme Court.  That means it was a legal battle up until then.  Is that the case with your son?   I hope that he can eventually get better; or his deterioration can arrest if he does not carry.    But an argument could be made that the doctor's advice was suggested to prevent further deterioration of your son's condition...but that his condition could stay the same, or improve with the help of the cart....and therefore he could gain an advantage over the field.   

 

Your first hurdle is the private club who has a legitimate concern - they don't want push carts (which can contaminate their course) = so see if they will allow something else?  And then if that "something else" is allowed by the tournament organization.  Much better chance of accommodation than creating legal trouble.  🙂   Final note on that - if you litigate - it won't be quick.

 

Good luck - I've never really seen lawyers be helpful in these types of situations.   Be polite, be respectful and try to work a solution with the club first; then the tournament.  Hope it works - good luck.

 

 

 

Just a thought regarding contaminating the grass.  Where do you draw the line?  Couldn't one say that contaminants could just as easily be spread through golf shoes?  

[leezer99]

2 minutes ago, kekoa said:

Just a thought regarding contaminating the grass.  Where do you draw the line?  Couldn't one say that contaminants could just as easily be spread through golf shoes?  

This is why I have Kikuyu in my front yard. 

[kekoa]

4 minutes ago, leezer99 said:

This is why I have Kikuyu in my front yard. 

LMAO.  Probably the same reason my son's home course has kikuyu literally everywhere except the greens.  Takes some getting used to playing out of that stuff.  The grab factor is real. 

[Abh159]

Personally, I think you should go around the Jr Tour Director. If I had to guess he (or she) probably just asked someone at that course if they allowed push carts and they said no. I seriously doubt the Jr Tour Director thougrougly explained the situation. 

 

Instead, just call the club directly. Ask to speak to the Director of Golf, the Head Pro, or whoever else is in charge. Simply explain your son's situation, ask if an exception can be made, and let them know you can provide medical documentation. 

 

I'd be pretty surprised if they told you no. Private club or not nobody wants bad press and they definitely won't want to be the topic of a local news story that paints them as discriminating against kids with disabilities. 

[tatertot]

Like Abh159 said, call the club directly and try to work it out. If they don't want to, find a young lawyer willing to help you pro-bono ... if the course is worried about contamination, they can provide you a new, in the box cart for the day. Or the tournament can. Neither the club nor the tournament has a leg to stand on to say "no" to your child in participating in the tournament. The NCAA and all amateur golf associations have already laid precedent that a push cart is equivalent to carrying your clubs in golf competitions.

[ChipDriver]

5 hours ago, kekoa said:

Just a thought regarding contaminating the grass.  Where do you draw the line?  Couldn't one say that contaminants could just as easily be spread through golf shoes?  

 

Lots of courses do this commonly...in truth it's probably to remain exclusive and snooty.  

 

Nevertheless - it's the private club's own rules - and they don't have to change that rule, even if the tournament organization (which may not be run by the country club) would allow it.

 

 

[heavy_hitter]

10 hours ago, ChipDriver said:

 

Lots of courses do this commonly...in truth it's probably to remain exclusive and snooty.  

 

 

 

 

It is the only reason they do it.

[Robert72]

On 8/26/2022 at 5:38 PM, golow said:

 

ADA / Casey vs PGA Tour. 

 

 

 

Probably the worst decision the Supreme Court ever made.

 

(OK, the Dred Scott case was bad too).

[jigsaw1011]

Thanks everyone for your responses and thoughts.  My son is currently playing the event with an intern driving his clubs in a golf cart.  I pushed the point with the tournament director. Hopefully this will set a precedent for other events where a push cart is not allowed.  I know in our part of the country the no push cart rule is to remain exclusive/snooty.  If a push cart contaminated the grass wouldn't golf shoes worn at other courses also?

[tatertot]

38 minutes ago, jigsaw1011 said:

Thanks everyone for your responses and thoughts.  My son is currently playing the event with an intern driving his clubs in a golf cart.  I pushed the point with the tournament director. Hopefully this will set a precedent for other events where a push cart is not allowed.  I know in our part of the country the no push cart rule is to remain exclusive/snooty.  If a push cart contaminated the grass wouldn't golf shoes worn at other courses also?

Good for you ... hope your son does his best!

[Pepperturbo]

On 8/29/2022 at 1:38 PM, kekoa said:

LMAO.  Probably the same reason my son's home course has kikuyu literally everywhere except the greens.  Takes some getting used to playing out of that stuff.  The grab factor is real. 

Yep, Kikuyu has been trending as the turf of choice for public courses here in SOCA.  It's also less expensive to maintain, but a bit** to get out of if you're not paying attention.  Plenty of courses are planting it in front of greens, too, so the ball can't bounce up and on to greens.

[hoosier_89]

My son was diagnosed with Leukemia when he was 3.5 years old.   Did 3.5 years of chemo everyday.   Started playing tournaments at the age of 8.   Watched the The Short Game video and he wanted to do it....so we did it.    We have a wonderful Jr Tour here in Tennessee.   Director helped us get the accommodation for a cart.   Qualified for the US Kids Worlds at 12 and rode in a cart.  Rode in a cart until the start of his sophomore year in HS.   Has a signed ball from Casey Martin.   The ADA exists for a reason.   I would not have liked it when I was 16 years old either.   As a parent, I saw first hand the opportunity it gave my son.    The USGA has an accommodation form for folks that need it.   The guidelines are set out there.   If you can prove your disability, with a Dr.....it was an easy process.