Wheels of Justice

Casey Martin, who says he doesn’t want to be labeled “the guy in the cart,” will be known as something else this week. The guy in the court?

The latest, and probably last, step in Martin’s landmark suit against the PGA Tour will be taken Wednesday when the Supreme Court hears the tour’s appeal of a lower court decision that upheld the disabled golfer’s right to use a golf cart during tournament play.

“I’d do anything not to have it go this way,” Martin said. “I wish it could have been decided another way, but that’s not what has happened. Now, we’ll see whether I’ll ride a golf cart or not.”

Sen. Tom Harkin (D-Iowa), who helped write an amicus--friend of the court--brief on Martin’s behalf that has been filed with the Supreme Court, said the tour’s position is wrong.

“Talk about bad public relations,” said Harkin, who co-authored the Americans With Disabilities Act under which Martin sued the PGA Tour. “It’s just ridiculous.”

“The PGA Tour is a public entity--you pay your money and you try to qualify, so it’s open to the public--and allowing Casey to use a cart is a reasonable accommodation and does not fundamentally alter the nature of the competition.”

Martin has been riding and playing since 1998, when a U.S. district court judge in Eugene, Ore., issued a permanent injunction against the tour and allowed Martin to use a cart in all its events. The tour appealed. Last March, the 9th Circuit Court of Appeals upheld the decision in a 3-0 vote.

In its decision, the appeals court wrote that walking was not an integral part of the game, but that hitting golf shots was. Once again, the tour appealed, this time to the only legal avenue remaining, the nine-member Supreme Court.

“The PGA Tour has insisted from the beginning that this issue has always been about the tour’s ability to implement and set the rules of its competition, and the rules include walking,” said Bob Combs, the tour’s senior vice president for public relations and communications.

“The law is also in need of clarification and a Supreme Court examination will provide the clarification that’s required.”

Tour attorney H. Bartow Farr III will argue that a similar lawsuit heard by the 7th Circuit Court of Appeals produced a different result.

Ford Olinger, a club pro from Indiana who has a degenerative hip disorder, cited the ADA and sued the United States Golf Assn. in 1998 for the right to use a cart during U.S. Open qualifying. The day after the 9th circuit ruled in favor of Martin, the 7th circuit ruled against Olinger.

In its decision, the 7th circuit found that allowing Olinger to use a cart would fundamentally alter the nature of the competition and that golf’s ruling bodies have the right to establish their own rules for competition.

Combs said the two disparate court rulings created an “unsettled” situation.

“We continue to believe it is an important case because of the issues at stake,” he said.

Martin’s career is at stake. Born with a rare circulatory condition called Klippel-Trenaunay-Webber syndrome that causes blood to pool in his lower right leg and makes it painful and difficult to walk, Martin will play the satellite Buy.com Tour when it begins in March.

The 28-year-old from Eugene played the 2000 PGA Tour, but made only $143,248 in 29 tournaments and finished no higher than 33rd in any tournament after March. He was 179th on the money list and No. 125 is the cutoff, so Martin lost his exempt status. He failed to regain his PGA Tour playing privileges for this year when he missed by one shot at qualifying school.

“I had a miserable year, when you look at it, but it wasn’t like I shot 80 every time I teed it up,” Martin said. “My inconsistencies just reared up.”

Martin knows his playing career is likely to be brief, since the lack of circulation has left the bones in his lower leg weak and brittle. Amputation is considered the probable option, should he break his leg.

“We do not know how much time Casey has left in competitive golf,” said Chris Murray, Martin’s agent.

Martin will hear the arguments in Washington, but he says he will not offer advice to his attorney, Roy L. Reardon.

“I’m ready to go,” Martin said. “This is one of life’s experiences. I have a great appreciation for the law, but I’m not trying to coach. This is out of my hands.”

Harkin enlisted the aid of some of his peers to help write the amicus brief: Sen. Edward Kennedy (D-Mass.), former Sen. Robert Dole and Sen. Orrin Hatch (R-Utah). Harkin and Dole co-authored the Americans With Disabilities Act.

“We believe our amicus brief should carry a lot of weight with the court,” Harkin said. “We built a record to show what we meant in regards to the ADA. We are still alive, we’re still here and we wrote the bill.

“I think that Casey Martin’s case is an exemplary case of just why we have the ADA. Using a cart in no way alters the game and it provides him a reasonable accommodation so he can compete.”

Harkin also said the 9th Circuit Court of Appeals better understood the ADA than the 7th did in the Olinger case.

Combs said the tour’s taking the case to the Supreme Court showed it was about the issues, not about Martin.

“Obviously, we have the highest respect for Casey,” he said. “As difficult an issue as this is, it has never been about him as a person.”

The justices will meet in private after hearing the arguments from Farr and Reardon, then take a preliminary vote. The final decision may come down at any time the Court is in session, although it is not expected until June.

Martin said he has no problem with such a timetable.

“The longer the better for me,” Martin said. “If they wind up overturning it, at least I’ll get to play longer.”

*

SMOOTH RIDE FOR FURYK

Jim Furyk made a 10-foot birdie putt on the 18th hole to win the Mercedes Championships in Hawaii. D4