NEWS RELEASE

DISABLED GOLFERS CLAIM MARRIOTT MUST PROVIDE ACCESSIBLE GOLF CARTS

San Francisco, Calif., October 4, 2005

A nationwide class action lawsuit was filed today on behalf of golfers with mobility disabilities against Marriott, owner of the world's largest resort golf management company. The suit alleges that Marriott's failure to provide accessible golf carts at its courses violates the Americans with Disabilities Act and California laws that protect the civil rights of persons with disabilities.

Plaintiffs in the suit are represented by Chavez and Gertler LLP, a leading class action law firm located in Mill Valley, California and Disability Rights Advocates a non-profit law firm based in Oakland, California that specializes in lawsuits on behalf of persons with disabilities.

"Adaptable" or "accessible" golf carts allow people who are unable to walk to play golf. These specially designed carts use hand controls to drive and steer, and have seats that rotate to enable a golfer to swing and strike a ball from the tee, the fairway, and on the green without getting out of the cart.

Lawrence Celano, a named plaintiff, is a decorated veteran who is paraplegic as a result of a gunshot wounds experienced in combat. Celano was active in various sports prior to his injury and now finds that golf is one of the few recreational activities that he can enjoy with his friends. Celano is frustrated that he can't play golf at most courses. "I put my life on the line for my county and now I can't even play golf here. It's not right." He added, "I know there are a lot of amputees coming back from Iraq. Golf courses should be accessible so these disabled veterans can have the chance to play golf with their friends and not be stuck at home with nothing to do."

Richard Thesing, an avid golfer and named plaintiff in the suit, who became disabled as the result of a diving accident, says, "I just want to have the same opportunity as everyone else to patronize Marriott's courses and get out and play 18 holes with my friends and colleagues. The only way I can do that is with an adaptable cart. Accommodations like this help me stay active and enjoy everything that life has to offer."

"This suit is not only about providing an accommodation that allows a person to play a game, it is also about providing access to the unique social, economic and professional opportunities that golf provides," explains Mark A. Chavez, attorney for the plaintiffs. "Everybody knows that business deals are formed and nurtured on the golf course. People with disabilities should have an equal chance to initiate these types of professional relationships."

"It is particularly short-sighted for a corporation such as Marriott with billions in annual revenue to refuse to spend such a minimal amount to allow people with disabilities, to enjoy a round of golf on their courses," adds Kevin Knestrick, attorney from Disability Rights Advocates. "The money spent to purchase an accessible cart could be quickly recovered through green fees or a few disabled guests' hotel expenses while staying at a destination course."

Marriott owns, operates or contracts with approximately 80 courses throughout the United States, including several at popular vacation spots in California, Arizona and Florida. Through its numerous subsidiaries such as the Ritz-Carlton, Marriott contracts with golf course owners adjacent to its hotel properties to encourage the use of those courses by hotel guests. Marriott also advertises golf as an amenity that can be enjoyed at many of its hotels. Ocean Colony, the company that owns Half Moon Bay Golf Links and contracts with Marriott subsidiary Ritz-Carlton to facilitate use of its courses by hotel guests, is also named as a Defendant in the suit.

Plaintiffs repeatedly asked Marriott to provide them with an accessible golf cart as a reasonable accommodation for their disability, but each time Marriott refused. "This outright refusal makes no sense" says Knestrick "given the fact that the text of the ADA specifically lists golf courses as a 'public accommodation' that must provide 'full and equal access' to its 'privileges, services and facilities'."

Ever since Tiger Woods splashed onto the national scene, and more recently teenage phenomenon Michelle Wie, interest in golf has skyrocketed. People from all walks of life are starting to take up the game. An estimated 25 million Americans play golf, and interest in the game among women and minorities continues to grow. There are approximately 7 million Americans who are mobility impaired. Mr. Thesing says he just wants to give people with disabilities an equal opportunity to take up the game he loves. "Everyone," he says wryly "should know the meaning of Mark Twain's famous phrase: "Golf, is a good walk spoiled."

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» Lawsuit Complaint (PDF)