Judge rules that Marriott's refusal to provide accessible golf cart is a violation of the ADA. (PDF) (January 2008)
In a very detailed and well reasoned 32 page decision, Judge Hamilton of the
Federal District Court for Northern California ruled against every one of
Marriott's contentions. The essence of the decision is:
"Marriott's current policy does not provide plaintiffs, mobility-impaired
golfers, with an experience that is functionally equivalent to that of other
non-disabled golfers. Plaintiffs here have presented overwhelming evidence
that they are unable to golf at Marriott's courses under the current policy.
By contrast, non-disabled golfers can simply show up at the course and
Marriott will provide them with a functional cart as part of the cost of
their round of golf. Accordingly, Marriott provides golf carts for
able-bodied golfers, but does not provide accessible carts for
mobility-impaired golfers like plaintiffs. Because Marriott's policy places
plaintiffs in a distinctly unequal situation, as compared to their
able-bodied counterparts, it is discriminatory under the ADA.'
See Judge Hamilton's Order.
Mobility Golf requests Defense Department to immediately make its 174 golf courses accessible. (PDF) (November 2007)
In its Report to Congress, the Defense Department agreed that it was legally required to provide accessible golf carts at its 174 courses. However, it requested Congress to pass a special law exempting it from using golf course profits to pay for the golf carts. This is blatant discrimination. See Mobility Golf's response.
Department of Interior requires all State and local government golf courses to provide accessible golf carts. (PDF) (November 2007)
Mobility Golf has received a letter from the Department of Interior (DOI) specifying that golf courses owned or operated by State of local governments must provide accessible golf carts. This is similar to prior letters from DOI but this letter is not related to a specific golf course. It can be used to advise any golf course owned or operated by a public entity of their
obligation to make their course accessible.
The National Defense Authorization Act of 2007 required the Department of
Defense to report to Congress "on making accessible golf carts available at
all military golf courses..." On September 25, 2007, the Defense Department
reported to Congress and acknowledged that it is "legally required" to
provide accessible golf carts at its 174 golf courses. The only issue
remaining is whether the carts will be paid for from the profits of the golf
courses or from appropriated funds from Congress.
This is a very important step in our efforts to make golf courses accessible
for several reasons:
- It is an acknowledgement that any golf course operated by a
governmental entity is required to provide accessible golf carts.
- It will provide those disabled in Iraq and Afghanistan the
opportunity to play golf as well as other disabled veterans.
- Since most of the military golf courses are open to the public, any
disabled golfer will be able to play at most of these courses.
- Department of Defense Report to Congress (PDF)
U.S. Orders Columbus to Provide Accessible Carts at its Golf Courses. (PDF)
(April 2007)
On December 14, 2006, a complaint was filed with the U.S. Department of Interior against the City of Columbus, Ohio for refusing to make its golf courses accessible to those with mobility disabilities. On March 23, 2007, the Interior Department issued a letter in which it stated:
It is a reasonable modification to provide specialized golf carts for individual players with disabilities when carts are made available to other players without disabilities.
This is very significant since the Department of Interior is the Federal agency designated to receive and resolve complaints that golf courses owned or operated by State and local governments are not in compliance with the ADA.
Mobility Golf is prepared to assist any mobility impaired person who wishes to file a complaint for denial of access to any golf course operated by a State or local government. Send email to info@mobilitygolf.com.
- Department of Interior letter (PDF)
Judge Declares that Marriott Deliberately and Repeatedly Failed to Provide Needed Information and Issues a $9,300 Fine. (PDF)
(April 2007)
On October 4, 2005, a national class action was filed by disabled golfers against Marriott for its refusal to provide accessible golf carts at its golf resorts. Since that time, the lawyers for the disabled golfers have tried to obtain financial and other information from Marriott to show that there is no legitimate basis for its refusal to make its courses accessible. Marriott has repeatedly engaged in delaying tactics and refused to provide the information. Finally, the lawyers had to go to court to force Marriott to comply.
On April 6, 2007, Chief Magistrate Judge James Larson made the following findings, "The evidence is overwhelming that Marriott has failed utterly, repeatedly and deliberately. Marriott’s production has been haphazard, overdue, piecemeal and incomplete. ... This Court has rarely seen such a pattern of delay, obfuscation, and obstruction."
- Judge Larson's opinion (PDF)
- Marriott Lawsuit Fact Sheet
- Marriott Lawsuit Complaint (PDF)
Congress Requires the Department of Defense to Report on Making its Golf Courses Accessible. (PDF)
(October 2006)
The National Defense Authorization Act for 2007, signed by the President on October 15, 2006, requires the Department of Defense report to Congress not later than 180 days "on making accessible golf carts available at all military golf courses for use by disabled persons authorized to use such courses."
There are approximately 175 golf courses on military bases throughout the world. These courses are very popular--with over 5 million rounds played a year. They are also very profitable with an annual profit of over $23 million in FY 05. Although these golf courses have fleets of standard golf carts, very few offer accessible golf carts that can be used by disabled persons who either can’t walk or have difficulty walking. Thousands of disabled veterans are unable to use these golf courses solely because of the failure to provide accessible golf carts.
In addition to those who became disabled in military service, there are tens of thousands of veterans who have become mobility impaired after their service due to injury or disease who are also eligible to use the courses but cannot do so because the courses are not accessible. It is also not a well-known fact that most of the military golf courses are open to the public. There are millions of non-veterans with mobility disabilities who are being denied access to these courses solely because they are not accessible.
Section 504 of the Rehabilitation Act of 1973, as amended, states that no person with a disability shall be excluded from participating in any program or activity conducted by any Executive Agency. We believe that Section 504 requires that all military golf courses provide accessible golf carts.
- Section 664 of the National Defense Authorization Act. (PDF)
- Letter from Mobility Golf to Secretary of Defense Robert Gates. (PDF)
News Release: Disabled Golfers Claim Marriott Must Provide Accessible Golf Carts
(San Francisco, Calif., October 4, 2005)
- Marriott Lawsuit Fact Sheet
- Marriott Lawsuit Complaint (PDF)
U.S. Access Board Guidelines for Golf Courses (PDF)
On October 2, 2002, the U.S. Access Board issued guidelines for the use of accessible golf cars on golf courses, including tees and greens.
Access Board Pamphlet on Making Golf Courses Accessible
Why Public Golf Courses Should Provide Accessible Golf Cars, and,
Why They Must Provide Them (PDF)
A legal memo by Mobility Golf regarding ADA obligations of golf courses owned or operated by public entities to provide accessible golf cars.
Why Golf Courses Should Provide Accessible Golf Cars, and,
Why They Must Provide Them (PDF)
A legal memo by Mobility Golf regarding ADA obligations of golf courses owned by a private entity but open to the public to provide accessible golf cars.
Mobility Golf's response to the proposed rule on accessible golf cars. (PDF)
On September 30, 2004, DOJ announced a proposed rule which would require all golf courses open to the public to provide one, or possibly two, accessible golf cars. On May 10, 2005, Mobility Golf filed a response in support of requiring two accessible golf cars at each golf course.
City of Indianapolis Settlement Agreement
A federal court settlement agreement requiring the City of Indianapolis to provide accessible golf cars at golf courses operated by the City
Golf course provides an accessible golf car as a result of DOJ mediation. (PDF)
As a result of a complaint filed with DOJ by a disabled golfer, a golf course in North Carolina agreed to provide an accessible golf car.
Department of Justice Press Release: Las Vegas Golf Association Agrees to Modify Rules to Allow Golfers with Disabilities to Use Carts Throughout the Course
