May 7, 2009

Despite Casey Martin’s victory in the Supreme Court, life on the pro tour never came easy for him. Similar to a baseball player making his way through AA or AAA ball, or a pro tennis player on the challenger circuit, Martin experienced life on the Nike Tour and Nationwide Tour events. By 2006 Martin was ready to accept the position of head coach at the University of Oregon, and his tour playing days were virtually over.

Interestingly enough, such tour luminaries as Arnold Palmer and Jack Nicklaus backed the PGA Tour in defense of the walking rule. They felt that the rule was vital to the competitive nature of the game. The Supreme Court, however, found expert testimony to the contrary persuasive. In retrospect, Martin was unable to make much of an impact on the pro tour, and the competitive balance of golf was really never affected by the court’s ruling.

The case is notable for its application of the Americans with Disabilities Act to competitive sports. A similar case and result was obtained in another court that did not have the ADA to apply. A parallel can be drawn between the cases of Casey Martin and that of Oscar Pistorius, a sprinter who runs with two artificial limbs. In each case, it was argued that the athlete had a competitive advantage due to his use of compensatory devices. The argument of unfair competitive advantage due to his use of artificial legs was used in an attempt to deny Pistorius’ entry to the 2008 Olympic games. However, that ruling was overturned by the Court of Arbitration for Sport in May of 2008. Unfortunately, despite the favorable ruling, Pistorius was unable to qualify for the South African Olympic team.