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Judge: Marriott Resorts Must Provide Accessible Golf Carts
By Dave Reynolds, Inclusion Daily Express
January 28, 2008

SAN FRANCISCO, CALIFORNIA--A federal judge has ruled that one of the world's largest golf resort management companies is discriminating against golfers with disabilities in violation of federal and state disability rights laws, by failing to provide accessible golf carts.

The lawsuit, filed in October 2005 on behalf of golfers with physical disabilities, alleged that Marriott Internationals' refusal to provide accessible single-rider golf carts amounts to violations of the 1990 Americans with Disabilities Act, the California Disabled Persons Act, and the California Unruh Act. That refusal means that golfers with these disabilities are not only excluded from the pleasure of the game, but also from enjoying the economic and social benefits of golf, considering that many business connections and deals are made on the golf course.

Chavez and Gertler LLP and the nonprofit law firm Disability Rights Advocates filed the suit on behalf of plaintiffs Richard Thesing and Laurence Celano. Thesing, whose spinal cord was injured in a driving accident at age 18, was appointed by President Bill Clinton to a four-year term on the U.S. Access Board in 2000. Celano is a decorated veteran who uses a wheelchair as a result of gunshot wounds experienced in combat.

The suit had asked the court to force Marriott to provide specially designed carts that allow golfers to use hand controls to drive and steer -- similar to controls used on most motorized wheelchairs. These carts also have seats that rotate and sometimes tilt to allow golfers to swing and strike a ball from the tee, the fairway and on the green without having to get out of the cart and walk.

U.S. District Judge Phyllis J. Hamilton did not direct Marriott to provide the chairs, but told both sides to work out the details to settle the case.

The ruling could apply to about 26 golf courses owned or operated by Marriott.

Nance Becker, co-counsel for the plaintiffs, said in a press statement: "We hope today's decision will make Marriott resorts more welcoming for their potential customers, and encourage other golf resorts to do the same."

Related:
"Thesing v. Marriott Disabled Golfers Claim Marriott Must Provide Accessible Golf Carts" (Disability Rights Advocates)

http://www.inclusiondaily.com/news/2008/red/0128e.htm

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