LYCOS RETRIEVER
Casey Martin: Disabilities
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[R]arely do athletes enter their professional careers with a disability as Martin has. There have a been a handful of notable media darlings who are praised for their "courage and perseverance" to make it to the professional ranks, without an arm, or hard of hearing. Former pitcher Jim Abbott comes to mind as one of those "great stories" who was famous before his first pitch because he had no lower right arm. Yet Abbott's story is interesting in light of Casey Martin's case. Everyone believed Abbott could only play in the American League because in the National League the rule book would require him to swing the bat and hit. This limited his choice of potential employers to only half the teams in Major League Baseball who are allowed to use the designated hitter.
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At the outset, it is important to record that Casey Martin was not an employee of the PGA Tour - in effect, he was a member of the public who had attained a qualification allowing him to participate in its tournaments. Had he been an employee (for example, a local professional with a particular golf course) the position would, in this country, be significantly clearer. Where a person is qualified to perform a particular job an employer may not ordinarily refuse to employ that person on the grounds of disability.
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Until the trial, few people knew the extent of Martin's disability. In a video submitted as evidence, Martin showed his shockingly white and withered limb. When he removed the bandage, purple splotches started to appear almost instantly and the leg swelled visibly, making it feel "like it's going to blow up," Martin said. Within moments he had to sit down and elevate it.
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The PGA never challenged Martin's disability status. But in a move almost comical, the PGA claimed that their tournaments were "private" and therefore exempt from ADA. When you invite the nation via television, "private" is not a word that springs to mind.
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