Prior to the United State Supreme Court’s decision in PGA Tour, Inc. v. Martin, fans could rest comfortably knowing that their games would stay true to the traditions they hold dear. After the decision, however, it appears that no rule, no matter how well established, is safe from a judicial determination that the rule is not fundamental and, thus, may be altered to accommodate individuals with disabilities. In PGA Tour, the Supreme Court forever changed when a proposed modification in competitive sports will be denied based on the fundamental alteration defense under Title III of the Americans with Disabilities Act. With the decision, the Supreme Court opened the floodgates for possible litigation while hurting both competitive sports and disabled athletes.
James B. York,
And the Winner Is ... Trial Lawyers: When Does an Accommodation under Title II of the ADA Represent a Fundamental Alteration of Competitive Sports,
67 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol67/iss3/7