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'This is great' Senior golfer wins court battle to use cart in qualifying
Posted: Wednesday June 14, 2000 07:00 PM
AUSTIN, Texas (AP) -- A disabled golfer with a progressive muscle disease must be allowed to use a cart in U.S. Senior Open qualifying, a federal judge ruled Wednesday. JaRo Jones, 53, of Baytown, filed a lawsuit against the United States Golf Association, saying denying him a cart violates the Americans with Disabilities Act. U.S. District Judge James R. Nowlin agreed and issued a preliminary injunction ordering Jones be allowed a cart during Monday's qualifying round in San Antonio. The U.S. Senior Open starts June 29 at Saucon Valley C.C., in Bethlehem, Pa. USGA attorney Lee Abrams of Chicago said immediately afterward he didn't know if an appeal would be filed. "This is great," said Jones, a former teaching pro who was diagnosed in 1993 with post-polio syndrome. The disease causes the muscles in his legs and shoulders to atrophy, causing him great fatigue. He walks with a cane and doctors have told him he could be in a wheelchair in just a few years. "This is the major championship of the United States for seniors. This is something I've been gearing for since I was diagnosed," Jones said. "I thought I was never going to have this opportunity. "Whether I qualify or not ... it's the point that I do have the opportunity to try," he said. The USGA had denied Jones' request for a cart in 1998 and 1999. He tried to play without one in 1998 but withdrew before finishing the round. The USGA has maintained that walking is an integral part of the game and giving Jones a cart could give him an unfair advantage. "Part of the competition is to test the ability of the participant to overcome fatigue," Abrams said. The organization also said allowing Jones to use a cart would be unfair to players who have already played qualifying rounds without one. Allowing Jones a cart could create a flood of similar requests, Abrams said. "Golf at the championship level is very simple," Abrams said. "The rules are the same for all competitors." Nowlin, who said he has never played golf, criticized the USGA's position as misguided and spiteful of its own interests. "I would think that if Mr. Jones were to play, and win, it would be an inspiration ... and generate publicity for your organization and what you do," Nowlin told Abrams. But he also questioned whether the case should be in federal court. "There are real problems in this world. You all don't have a problem. I think this is much ado about nothing," Nowlin said. "If folks had looked at this and used common sense, we wouldn't have this in federal court," he said. Jones had polio when he was 4 and was diagnosed with post-polio syndrome when he was 46. Since 1995, he has traveled around the country teaching other disabled people how to play golf. Although he has learned how to swing his clubs while sitting in a modified golf cart, Jones says he will stand for every shot in the qualifying round and would not ask to drive on the greens. "I just need to get as close as humanly possible to the greens," he said. "I can't walk 40 yards uphill to get to a green." The issue could ultimately end up with the U.S. Supreme Court as federal appeals court have issued conflicting rulings in cases similar to Jones'. The 7th U.S. Circuit Court in Chicago in March ruled against a disabled club pro from Indiana. The court said a cart would change the nature of competition and that such rules were best left to the governing body. Meanwhile, the 9th U.S. Circuit Court in San Francisco upheld a lower court ruling that allows Casey Martin to ride a cart on the PGA Tour. The USGA allowed Martin to use a cart for U.S. Open qualifying but he failed to advance. The Senior PGA Tour allows players to use carts during tournaments, although many choose not to. Nowlin warned other golfers to watch out for Jones. "It would be my concern that Mr. Jones not run over any of the other competitors," Nowlin joked.
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