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The library will be closed Friday, July 3rd and Saturday, July 4th for the Fourth of July Holiday. We will reopen as usual at 1pm on Sunday. Have a safe and enjoyable Fourth of July Weekend!
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Small-Group Road to Hana Luxury Tour and Helicopter Flight
- 6-hour, small-group luxury Road to Hana tour including helicopter flight
- Travel in a plush limo-van one way and then return on a scenic helicopter flight
- Visit several highlights along the Road to Hana including Waikani Falls, the Hana Tropical Gardens and the Hawaiian village of Ke'anae
- Cool off with a swim break at a cascading waterfall
- Dine on a fresh Pacific Rim lunch served beachside
- Take a scenic 40-minute helicopter ride and enjoy amazing aerial views of Haleakala Crater, remote waterfalls and Maui's rugged coastline
- Small-group tour limited to 6 passengers ensures a more personalized experience
Why Our Insiders Chose This Tour
This is a luxury experience from start to finish, with extremely comfortable transportation, a deluxe gourmet lunch and plenty of personal attention. It's an amazing combo that lets you both experience the famous road to Hana and fly over Haleakala Crater.
Recent Photos of This Tour
What You Can Expect
You'll make several stops along this spectacular coastal drive including the quaint Hawaiian village of Ke'anae, Waikani Falls and Wai'anapanapa State Park and the scenic road leads, of course, to Hana. The village of Hana is isolated from the rest of the island and is known for being the last undeveloped tropical paradise on Maui. Explore the village and stop at the Hana Tropical Gardens for an exclusive tour (included) and learn about the native Hawaiian people, their culture and land. Enjoy fantastic photo opportunities at spectacular cascading waterfalls and crystal-clear pools, where you'll have plenty of time to take a refreshing swim.
During one of the stops, enjoy a Pacific Rim lunch served on linen table cloths at a beachside location. Savor grilled chicken and fish, fresh tropical fruits and more – not your average deli-style meal! A sample lunch menu can be found below in the Itinerary section.
On the reverse leg of the trip, fly in an air-conditioned, 6- passenger 'A-Star' jet helicopter. During your thrilling 36-minute flight, soar above Haleakala Crater, the world's largest and most famous dormant volcano, and admire fantastic aerial views of waterfalls hidden in remote areas of Maui's rain forest. Enjoy stereo music and live narration throughout this breathtaking experience.
More information about passenger requirements can be found in the Additional Information section below.
- Grilled herb-marinated chicken breast
- Kula mixed organic greens
- Roasted corn and black bean relish
- Buttermilk ranch dressing and a roasted garlic tortilla
- Kula organic greens
- Black olive and caper relish
- Wasabi aioli spread and a sundried tomato tortilla
- Fresh garden vegetable pasta salad with basil pesto vinaigrette
- Chilled Maui Gold pineapple
- Triple-chocolate fudge brownie with toasted Hamakua-grown macadamia nuts
- Lettuce wraps filled with veggies
- Roasted corn and black bean relish with a Maui herb and garlic vinaigrette dipping sauce
Customer Reviews
June 2015
A wonderful tour seeing the highlights of Maui especially if you don't haven much time to spend here. Small group tour was appealing when booking and there was only 4 of us. Driver and pilot were terrific and always pointed out photo opportunities for us.
May 2015
This is a great tour. Surfer Sue our guide was great!

subset: commoncrawl


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Following a request from a few Tamil fringe groups, four scenes and one dialogue have been removed from cinematographer-filmmaker Santosh Sivan's Tamil war-drama "Inam", which revolves around a group of teenagers during Sri Lankan civil war.
"Inam" released worldwide Friday.
"We distributed the film because we wanted to showcase the plight of Sri Lankan Tamil during the civil war a few years ago. We screened the film for a few Tamil groups who wanted to ensure we didn't make a propaganda film. They have requested us to remove five scenes (one dialogue) and we have graciously obliged," N. Linguswamy, who distributed the film, said in a statement.
"Scenes such as rebels in a class room, a Buddhist monk sharing a pomegranate with Sri Lankan Tamils, mention of LTTE leader and Kargil reference have been removed," added the statement.
Featuring Sugandha Ram, Saritha and Karunas in important roles, the film also features a bunch of young actors between the age group of five and 20.
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Ellen Brown: The ECB will not accept Greek bonds as collateral for the central bank liquidity all banks need, until the new Syriza government accepts the very stringent austerity program imposed by the troika (the EU Commission, ECB and IMF).
What Greeks Need to Remember
Misframing the Greek Protest
3 Reasons Why Republicans Like High Unemployment
Pope Francis Condemns the Cult of Greed, Ted Cruz and Paul Ryan Support It
Simpson-Bowles Austerity Gang: Go Home
A Pledge for Mr. Waxman
Local Fights Against Austerity Growing
Sequestration: Budget Balancing on the Backs of the Majority
California NOW Falls in Behind Eric Garcetti
Why This Is the Worst Recovery on Record
Opposition Grows Fierce to Austerity Cuts
Mark Vorpahl: This latest budget crisis poses the question of "who do Portland's elected leaders serve, the city's majority of working class communities or big business and the wealthy?" So far, while the 99% have been suffering with all the belt tightening, Portland's 1% have been left to grow fat.
Excessive Military Spending Crushes the American Dream
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PGA TOUR v. MARTIN
- 2000-2009
Casey Martin is afflicted with a degenerative circulatory disorder that prevents him from walking golf courses. His disorder constitutes a disability under the Americans with Disabilities Act of 1990 (ADA). When Casey made a request to use a golf cart for the duration of the qualification tournament onto the professional tours sponsored by PGA Tour, Inc., PGA refused. Martin then filed suit under Title III of the ADA, which requires an entity operating "public accommodations" to make "reasonable modifications" in its policies "when... necessary to afford such...accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such...accommodations." Ultimately, the District Court entered a permanent injunction against PGA, requiring it to allow Martin to use a cart. The court found that the purpose of the PGA's walking rule was to insert fatigue into the skill of shot-making, and that Martin suffered significant fatigue due to his disability, even with the use of a cart. In affirming, the Court of Appeals concluded that golf courses are places of public accommodation during professional tournaments and that permitting Martin to use a cart would not fundamentally alter the nature of those tournaments.
Does the Americans with Disabilities Act of 1990 provide access to professional golf tournaments by a qualified entrant with a disability? May a disabled contestant be denied the use of a golf cart because it would "fundamentally alter the nature" of the tournaments to allow him to ride when all other contestants must walk?
Legal provision: Americans with Disabilities Act (ADA)
Yes and no. In a 7-2 opinion delivered by Justice John Paul Stevens, the Court held that Title III of the ADA, by its plain terms, prohibits the PGA from denying Martin equal access to its tours on the basis of his disability and that allowing Martin to use a cart, despite the walking rule, is not a modification that would "fundamentally alter the nature" of the game. "The purpose of the walking rule is... not compromised in the slightest by allowing Martin to use a cart," wrote Justice Stevens, noting Martin's fatiguing disability. Justice Antonin Scalia, joined by Justice Clarence Thomas, dissented.
Argument of H. Bartow Farr, III
Chief Justice Rehnquist: We'll hear argument on Number 00-24, PGA Tour, Inc. vs. Casey Martin.
Mr. Farr?
Mr. Farr: Mr. Chief Justice and may it please the Court, The Ninth Circuit in our view made two critical mistakes in applying the Disabilities Act to this type of claim by a professional athlete.
First it failed to recognize that Title 3 of the act, the public accommodations provision, apply only to claims by persons seeking to obtain inputs of a place of public accommodation, that is seeking to enjoy its goods or services, not to claims by persons seeking to supply inputs as employees or independent contractors.
Second, the Ninth Circuit never took account of just what a top level professional sport really is, nothing more or less than a competition that tests excellence in performing what its rules require.
Any attempt to adjust the rules to compensate for an individual player's physical condition fundamentally alters the nature of that competition.
Now in turning to the first issue, our position is simply this.
That Title 3 of the act would not apply if Respondent were playing in tour events as an employee of the Tour, and the results should be no different just because he is playing in the events--
Justice O'Connor: Mr. Farr, the language of Part 3 of the act literally could cover the player.
It says, it refers to any individual, and it refers to any kind of advantage or privilege on a golf course.
So you have to construe it some way, it seems to me, to avoid that language.
Mr. Farr: --That's correct, Justice O'Connor.
I mean, the argument--
Justice O'Connor: To reach your conclusion.
Mr. Farr: --That's correct.
The argument made by Respondent is essentially that Title 3 covers any person who is present at a place of public accommodation, whatever he or she is doing there, whether they are a customer, an employee or an independent contractor.
I think that's wrong for several reasons.
First of all, just looking at the specific language that you point to, the notion of full and equal enjoyment of goods and services, it seems to me, is quite different from the notion of being allowed to provide the goods and services.
Justice Souter: Well, Mr. Farr, you keep talking about goods and services, but the statute is not limited to goods and services, as Justice O'Connor's question indicated.
It covers the enjoyment of, among other things, privileges, and I, it seems to me the straightforward argument is that the person who is making a claim here is somebody who says, like any other member of the public, I paid my $3,000 and I got my two references and I want to enjoy the privilege of competing at this, at this place of public accommodation.
Why doesn't it literally fall within that quite easily?
Mr. Farr: Well, if I may separate this into two things, because the $3,000 applies only to a very small piece, which is the qualifying tournament.
There is no requirement playing on the Tour itself or on the Nike Tour.
Justice Souter: Right.
But that's, that's where you start.
That's where you start.
Mr. Farr: But that's where one starts.
But in terms of privilege, I'm using the term goods and services not to skip over the others, but simply as a shorthand reference to all of that.
Justice Souter: Well, except that it makes a difference because I think in a common sense kind of way we can say well, he is not getting any goods and services, but he is trying to exercise a privilege of playing.
Mr. Farr: Well, except for, it seems to me that in fact the word privilege, if it means the privilege to work for a place of public accommodation, to provide the input of labor to a place of public accommodation, then naturally following that logic, Title 3 would apply to anybody, an employee, an independent contractor or anyone.
Justice Souter: But once again, when you phrase it the way you do, it makes it easier for your case.
You say a person supplying labor at a place of public accommodation.
Another way of looking at it, and I frankly would have thought in this circumstance an easier way of looking at it would be not that he's supplying labor, but that he wants to play a game and if he plays the game well enough to win a prize.
That's, that doesn't fall within the sort of aura of employment that Title 1 covers.
Mr. Farr: Well, I think it does, to be honest with you, Justice Souter.
For example, this happens to be a game of golf.
But if one thinks of the game of football, for example, professional football is a game that is played by employees.
They are, they are hired I think, basically by the teams.
They compete against each other.
Justice Souter: Yeah.
And they get... and each one of them gets paid by his employer win, lose or draw.
In this case, maybe, maybe you'll have to help me out here.
I thought whether one got paid depended on whether one won the prize.
Mr. Farr: Well, it depends on performance but in a very specific sense of course, the performance by any professional athlete determines ultimately what he or she gets paid.
So if in fact one can say it is a privilege of a place of public accommodation to be able to compete in a professional sport, then it seems to me that would apply to any professional sport.
Justice Souter: Well, except that the statement is too broad.
The football industry, I suppose, does not say we will give anybody who wants to come in and compete for a place on our team a spot.
They are not going to invite me to try out.
Unknown Speaker: [Laughter]
Justice Souter: But as I understand it, that, that is what is at stake here.
Anybody who can start at the first qualifying level with his money and his references and keep on playing well enough is in a position the way the PGA is run to get to this top echelon of athletes and compete for a prize.
Mr. Farr: I'm not sure what difference that makes, Justice Souter, because in a sense, anybody can compete to play on a professional football team.
I mean, professional football teams are drawn from the public at large--
Justice Kennedy: Well, Mr. Farr--
Mr. Farr: --if they are good enough to qualify.
Justice Kennedy: --We don't have to decide the football case here, but I'm wondering if you take too narrow a view of what the PGA's business it is.
You think of it as just two dimensional, the PGA wants spectators, both public and on the television, and that's the service involved.
But the other thing, as Justice Souter's privilege question indicated, it also offers to a subset of the public, a very talented subset from all over the world, the opportunity to win a prize.
And that's also part of its business.
It is offering an opportunity to win a prize.
Mr. Farr: Well, the... the thing that I think makes it more confusing, it seems, is that normally, our position would be that the opportunity to earn something, to start with, without using the words win a prize from it, but the opportunity to earn something would not be the kind of privilege or good or service that is being offered by a place of public accommodation.
Indeed, people who want to provide the inputs would be the kinds of people who wanted to provide services and earn what they would get in return.
I think what makes this case seem different is because what Respondent in fact does for a living is something that other people do for recreational purposes or part of educational purposes.
But again, to take an example, if the Tour constructed its operation just slightly differently, instead of saying we will have everybody just compete for the prizes as independent contractors, if they said what we will do is we will hire a group of approximately 200 professional golfers, we'll make them employees, we'll pay them a modest salary, just enough to kind of cover their expenses as they play and then whatever they win over and above that, that will be their earnings.
Now, our argument would be that in that arrangement, the Tour would clearly not be subject to suits by those golfers under Title 3.
Justice Stevens: But they would be subject to suit--
Mr. Farr: They might be subject to suit--
Justice Stevens: --under Title 1.
Mr. Farr: --Because Title 1 is the title of this Act that deals with that kind of issue, the question of relationships between people who are providing labor and the people who are paying for it.
Justice Breyer: Well all that... I mean, this... that's true, that's it's a very, it's an unusual situation here, and we could go on forever about the pros and cons and who they are really like.
But people go to race courses for entertainment, but a few go to earn a living.
They're touts.
Some people go to casinos for fun and an occasional person goes there to earn a living.
So, given the purpose of the statute, and the language of the statute, why does that make any difference?
Mr. Farr: I think it makes a--
Justice Breyer: You're not going to say a person who goes to a race course, happens to make a living out of it, therefore, he couldn't sue if it's otherwise a public accommodation, and I think you'd say the same about all the unusual cases we can think of.
Why should this make a difference?
Mr. Farr: --I think the difference between the examples you are using, Justice Breyer, and this example, is those, the people who go to the race tracks, some of whom may go to make a living, are essentially doing the same thing, receiving the same outputs, if you will, from the race track, as the people who are there simply for recreational purposes.
Justice Breyer: So are these people because after all, the golf course is leased by the PGA to use to play golf for that day.
Mr. Farr: But, but I think the difference, Justice Breyer, is that at the time the tournament is going on, in fact, there are no people there playing for recreational purposes.
During the time of the tournament, which is the time when the PGA is operating the place of public accommodation, that's what's bringing the PGA within Title 3 with respect to the spectators, for example, is because it's operating a particular tournament at a place of public accommodation.
It seems to me--
Justice Ginsburg: Mr. Farr, I understand you are behind the ropes, you say those are the spectators, it's a public accommodation with respect to them.
Mr. Farr: --That's correct.
Justice Ginsburg: But I'm, I'm sure that you must have an answer to, the public accommodations provision is not new with the American disabilities.
It comes up in the Civil Rights Act of 1964 where the concern is race.
Now, with respect to race, could the PGA say that we don't want any African Americans to play in our game?
Mr. Farr: Well, Title 2 does not apply, we believe, in the same circumstances as we don't think Title 3 of the ADA applies, to situations in which somebody is simply seeking to provide, seeking to obtain employment or trying to obtain work as an independent contractor, so Title 2 of the Civil Rights Act would not apply in that case.
Justice Ginsburg: So your answer is the same for both?
That neither public accommodation--
Mr. Farr: For both those situations.
Now of course, the... the disabilities act itself and of course the Civil Rights Acts that apply to race, and sex and age have provisions that deal specifically with the question of who is working at different places and claims about discrimination, saying the terms and conditions that you have set for a particular job are discriminating against me.
Justice Ginsburg: --But you're saying they don't come under the employment provisions because they're not employees, not coming under the employment provisions, they are not covered at all?
Mr. Farr: Under the disabilities act, and not under Title 2.
Whether there are other provisions like Section 1981, for example, in the case of race, might extend protection in that situation.
Justice Ginsburg: Yes.
But as far as the public accommodation is concerned, you are being consistent.
Mr. Farr: The public accommodations provisions in our view are intended again to deal with essentially people who are consumers, clients and customers.
Justice Stevens: Mr. Farr, can I just identify your theory a little better?
Are you contending that when the golf course is being used for a PGA tournament, it is not a place of public accommodation because of the limited number of people that can play on that day or are you contending that even though it's a place of public accommodation, the contestants are not individuals within the meaning of the Act?
Mr. Farr: It is a modified version of the second, Justice Stevens.
It is that they are not individuals seeking full and equal enjoyment of goods, services, privilege and accommodations, as those terms are properly interpreted.
Justice Stevens: But you are assuming that the golf course, even though for a specific purpose, continues to be a place of public accommodation?
Mr. Farr: That the area generally.
There is a difficulty.
I mean, one of the questions that one has is, is every piece of the property a place of public accommodation or is the... are the ropes, for example, dividing a place of public accommodation from a place that isn't?
That is one way to look at it.
In our view, the simpler way to look at it is the second way that you have which is to say, you have to be asking in this question, is the person an individual receiving the kind of goods, services and privileges that are covered?
Justice Stevens: I see.
I think you conceivably could have taken the position that when it's rented out for a particular purpose it loses its character as a place of public accommodation because only certain people can use it.
You rent a hotel, say, to have a wedding.
Is it then still a place of public accommodation?
But you are not questioning that it is a place of public accommodation?
Mr. Farr: But that's because, that's because they clearly are.
The Tour doesn't deny.
It's putting on an entertainment.
It is putting on an entertainment to which spectators are allowed, so if one asks, is the golf course at this moment a place of exercise or recreation, as that's typically thought of under Title 3, our answer would be, I think the better view is no.
And the Ninth Circuit actually interestingly didn't say that it was a place of exercise or recreation and noted that we made the argument it wasn't and basically said be that as it may, it is a place of entertainment, and we... and what we are saying is yes, it is a place of entertainment and there are people present at the tournaments who in fact are enjoying goods and service and enjoying the entertainment that we are providing.
Justice Kennedy: But it seems to me--
Mr. Farr: But the golfers are part of the entertainment.
Excuse me.
Justice Kennedy: --We are talking about not something that's just a place, we are talking about the Tour, the circuit, the season, whatever it's called.
That's what he wants to participate in.
Mr. Farr: That's correct.
Justice Kennedy: And that it seems to me is a public accommodation in that it's open to golfers from all over the world.
Mr. Farr: Well, Justice Kennedy, I'm not sure I agree with that.
I mean, if, if... the thing that makes the Tour have the obligations to the spectators is the fact that they are operating a place of public accommodation during the tournaments.
You have to be operating a place of public accommodation before you become subject to Title 3.
Justice Kennedy: Well, I assume you could have a place of public accommodation on a cybernet or something that doesn't exist at any one place, and that's what, that's what this other dimension of this case is.
They are offering to everyone the opportunity to compete in the abstraction we call a tour, a circuit.
Mr. Farr: But Justice Kennedy, the Tour isn't an abstraction.
The Tour literally is, are a series of events put on by a 501(c)(6) organization, a non stock membership organization, and they are put on for the purposes of providing entertainment to the public.
That entertainment, it seems to me, is a product that they offer at a place of public accommodation.
Justice O'Connor: Mr. Farr, there is another important question you haven't addressed.
If we assume for purposes of resolving this case that it is a place of public accommodation, then there is a second question about what kind of accommodation is required.
Are you going to talk about that before your time is up?
Mr. Farr: Yes, Justice O'Connor.
Let me talk about that now, if I may.
The... if one assumes for a moment, and for example, the Seventh Circuit in the Olinger case just assumed that Title 3 did apply to the type of claim that the professional golfer there made.
If one assumes that, then the question is whether the modification that's requested here would fundamentally alter the nature of Tour events, and I think that where the Ninth Circuit went wrong on that particular question is that it never really came to grips with what professional athletics are.
The professional athletics are as I said in the beginning, simply tests of excellence.
They are questions of who can perform the best a particular set of physical tasks, and those tasks are defined by the rules of the sport.
Chief Justice Rehnquist: But, but the PGA has let down its requirements in a couple of cases.
One golfer had been injured and he was allowed to go in a cart, was he not?
Mr. Farr: Not... never in a high level Tour event, Your Honor.
There has never been a situation in the events we are talking about, which is the events on the highest level PGA tours where they have allowed different people--
Justice Stevens: Mr. Farr, that's not true as to qualifying schools.
Mr. Farr: --Oh, qualifying tours--
Justice Stevens: And the thing that puzzles me is how it can be a fundamental rule that applies that does not apply in the qualifying events.
Mr. Farr: --Well, because the, the principal events that they put on are, of course, the events of the Tour themselves, the two highest level events.
Qualifying involves simply questions of logistics to be honest.
There are, there are many more people who are playing.
Justice Stevens: No.
If logistics are sufficient to justify use of a cart, why isn't this handicap sufficient?
Mr. Farr: Well, first of all, let me make--
Justice Stevens: Because they are both trying to determine the quality of the golfer and it's not fundamental in qualifying schools but it is fundamental in the Tour event itself.
Mr. Farr: --Well, let me make one point.
That when carts are allowed, they are allowed for all players, and that is essentially because there are choices that the Tour has to make at any particular time about whether or not there are enough caddies available, whether there is enough time on the golf course to get however many people there are through the event in order to produce whatever result they are looking for.
With respect to the events we are talking about, the actual competitions on the PGA Tour, on the [buyDOTcom] Tour, which is the second level tour, the Tour has always required that all competitors observe all the same rules, including the walking rule.
There have been no exceptions to that whatsoever.
Justice Souter: Mr. Farr--
Justice Ginsburg: --Mr. Farr, is your position then, clear position that there is no accommodation required in a professional sport competition, that the rules are whatever they are, and there is no requirement to adjust to any disability?
Mr. Farr: I want to make clear two points.
First of all, that when I talk about rules, I am talking about what we have called in the case substantive rules.
And that is rules that are intended to and do have the potential to affect performance and the outcome of the tournament.
So first of all, when I'm using the term rules, I am.
Secondly, though, the question is if, if you are saying do we mean that for any rule, or any accommodation, I think the correct answer is yes, although one sort of instinctively would think that there should be some process by which people can separate the performance affecting rules that really count from the performance affecting rules that don't really count.
I actually don't think there is such a process.
Justice Ginsburg: Well, you're familiar with both the law in the area and the game in your preparation for this, for this argument, so you could not think of any concrete example of where there would be any requirement to accommodate to a disability, that the game is the game?
Mr. Farr: In a professional sport, I think that's true, that the purpose of a professional sport is one thing and one thing only.
It's to determine who is the best at doing a certain set of defined tasks.
If you change what the tasks are, if you change the rules that people have to comply with so that you have different rules for different players, you are not going to get an answer to the question of who is the best at that particular thing.
Justice Scalia: Mr. Farr.
Justice Souter: Your argument is--
--Please, go ahead.
Justice Scalia: Am I correct that, assuming we have these two different grounds, if we go on your first ground, and agree with you on that, namely, that this is not an individual who is seeking to enjoy the place of public accommodation, the PGA Tour would nonetheless, if it wishes, be able to grant an exception in the future to Casey Martin.
It could say well, we don't have to under Title 3, but we are going to do it voluntarily.
Whereas, if we go on your second ground, mainly that it is a fundamental part of a sport, the Tour wouldn't be able to make such an exception, would it?
It would in effect be admitting that it is not a fundamental feature of the sport.
Mr. Farr: I think our second argument is slightly different, Justice Scalia.
I agree with the first part to start with.
I think if the Court would agree on the first issue that the Tour could, and I think the Tour could under the second, simply by changing what the rules of the sport are.
Our position is not that there is such a thing--
Justice Scalia: Well, no, make an exception just for one, for one member.
Mr. Farr: --But then you--
Justice Scalia: Of course you could change it for everybody.
Anybody that wants to ride can ride.
But could you just say only Mr. Martin can ride?
Could they do that if we, if we, if the basis for their exemption is the fact that walking is fundamental to the sport?
Mr. Farr: --I think it's... again, our argument, just to make sure I'm being clear, is not that we are contesting, contending that there is a difference, that there are fundamental rules and nonfundamental rules.
We can tell which one is which, and walking is a fundamental rule.
If there were such a way to tell, we think walking would be a fundamental rule.
But our position in fact is that all the substantive rules are fundamental rules.
Justice Scalia: Rules are rules, and therefore--
Mr. Farr: Rules are rules.
Justice Scalia: --And therefore, you can't make an exception for one individual.
Mr. Farr: You cannot because you absolutely--
Justice Scalia: Right.
And as soon as you do that, then--
Mr. Farr: --You have to have the uniformity in order to be able to measure what you do.
Justice Stevens: --You're only saying walking is fundamental if there is a rule against riding?
Mr. Farr: I'm sorry, Justice Stevens?
Justice Stevens: You're only saying walking is fundamental if there is and always has been a rule against riding in a cart.
Mr. Farr: That what is fundamental--
Justice Stevens: Am I right about that?
Mr. Farr: --I... yes.
Except, again, I want, I want to be clear that what in fact is fundamental to any particular game is the rules of the sport.
That is what defines what the sport is.
Therefore, if there is not a rule against it, by definition it's not something that potentially affects the outcome of the sport as played under its rules.
Justice Souter: This would be true of--
Justice Scalia: --Why would we say that--
Mr. Farr: Pardon me?
Justice Souter: --This would be true of amateur sports, as well as the--
Mr. Farr: I think the difference in amateur sports and the thing that makes, makes the, when you apply the fundamental alteration language is that the fundamental, when you talk about fundamentally altering the nature of a particular good or service, that requires looking at what the nature of the particular good or service is.
The nature of a professional sport is very different, I think, from the nature of most amateur sports.
Probably not all.
Justice Souter: --Because it's trying to winnow the wheat from the chaff in a way that amateur sports don't.
Mr. Farr: Not only that.
I mean, amateur sports do that to some extent as well, but amateur sports by definition, and particularly high school, college, grade school sports, things like that, have as part of their very nature, part of their very reason for being, an educational or recreational side.
And therefore, when one comes to apply any fundamentally altered language to the nature of that, essentially amateur sports, most amateur sports have a dual nature.
They have a nature that involves sort of sorting winners from losers, but they also have a nature that says we are trying to get as many kids in the high school or whatever to play.
Professional sports are not--
Justice Breyer: Why couldn't we make that same argument.
Why couldn't that same argument be made by anyone who provides an important public service?
You know, we have a bunch of rules, characteristics, qualifications.
We don't want courts in there weighing the importance of this good or service or privilege.
Therefore, if it affects the nature of the good, service or privilege, it's fundamental, which is the argument you are making.
Mr. Farr: --Well, if it's actually changing what the good or service is--
Justice Breyer: They always do, to some tiny degree.
Mr. Farr: --Well, if it changes the nature then though, I think one therefore, one has to look at the regulations for some guidance.
And the regulations... I'd like to take just a minute before I reserve my time, if I may, but the regulations are something that because the United States hasn't cited them, I think maybe get lost a little bit here.
But under the regulations in Title 3, there is a specific provision that says a public accommodation does not have to change its inventory to accommodate disabled people.
And the reason given for that in the preamble of the regulations is that Title 3 requirements are intended to assure access to the goods and services being provided, not to alter the mix in nature of the services typically provided.
Now, typically provided in this context we would say are the tournaments with uniform rules, including the walking rule, at the very highest level.
That is one that has been typically provided.
And the reason I think for that, and I think this goes to your question, Justice Breyer, is that in a sense, any store or commercial entity is just whatever its goods are, a bookstore.
An example is a bookstore does not have to stock braille, braille books.
And there isn't an inquiry every time as to how much trouble it would be to stock braille books, whether there's shelf space, whether they could get them or not.
There's a categorical rule in the regulations that says that's not what we're talking about, that would be a fundamental alteration, and that's exactly the same point we are making here.
If I may, I'd like to reserve the balance of my time.
Argument of Roy L. Reardon
Chief Justice Rehnquist: Thank you, Mr. Farr.
We reserve your time.
We'll hear from you now, Mr. Reardon.
Mr. Reardon: Mr. Chief Justice, and may it please the Court, I would like to take the liberty of beginning with Petitioner's second point, because I think it's something we have recently heard discussed here, and it's I think quite important.
From 1965 until 1997, the PGA ran a Q School to determine--
Justice Scalia: A what school?
Mr. Reardon: --It's a Q, they call it the Q School.
It's a qualifying school, Your Honor.
And the purpose of that Q School is to determine, it's a test of excellence, as Petitioner said, to determine who is the best and who can go on the Tour the following year.
It's a very intense course.
There are 14 sessions, 252 holes played on courses just like the PGA's regular courses that they play their tournaments on.
The hard card, which is described in the briefs as the rules which impact tennis tournaments, golf tournaments under the PGA, the hard card applies to those events, but the walking provision of the hard card is eliminated for purposes of the Q School, and what happens is there is a winnowing down process.
In 1997, when Casey tried out, there was something like 1,200 people, golfers from the public, who wanted to play on the PGA Tour.
And they came in, paid their money, had their references, and started to play, and they winnow it down to 168 players by the third stage.
Every one of those 168 players is going to either go on the PGA Tour the next year or on the Nike Tour at the time, and none of those players need ever have walked a single hole, not only in the qualifying, but in their lives.
Justice Scalia: Mr. Reardon, all that proves, all that proves is that you could play golf under different rules, just as you can play baseball under different rules.
Is the... is the designated hitter rule, is it essential to the game of baseball that the pitcher bat?
Mr. Reardon: There are two leagues.
One league has it.
One league doesn't.
Justice Scalia: They play under different rules.
But every team in each league has to play under, under the same rule.
Now, could a pitcher in, in the, in the National League, which follows the traditional rule, could he say I have some blood deficiency that means I get tired sooner than other pitchers, and therefore I shouldn't have to go up to bat.
I'd like to, I'd like to sit in the dugout, because after all, the, the rule that the pitcher has to bat is not fundamental to baseball.
The American League doesn't have that rule.
Mr. Reardon: Well, for the National League, it is fundamental.
And it would not be permissible because you would be changing--
Justice Scalia: Why.
Simply because that--
Mr. Reardon: --You're changing--
Justice Scalia: --Simply because that's what they do.
That's the rule of the game.
Mr. Reardon: --But Your Honor, but Your Honor... I cite, I cite what happens in the Q School to demonstrate the fact that walking is not indeed fundamental because they don't require it.
Justice Scalia: All that it demonstrates... all that it demonstrates is that you can play the game under a different rule.
I mean, what... I don't understand the whole meaning of fundamentalness with regard to a sport.
Is it fundamental to baseball that, that the strike zone be from the chest to the knees?
It could be from the eyes to the hips, couldn't it?
Mr. Reardon: It could.
Justice Scalia: Would that make any difference?
Mr. Reardon: Rules could be changed.
Justice Scalia: And could a player who has a disability, which means he has, which causes him to have an excessively long torso, could he demand that the umpire call strikes on him from, you know, from his eyes to his hips?
Mr. Reardon: No, he could not, Your Honor.
Because a fundamental--
Justice Scalia: Of course he couldn't.
Mr. Reardon: --It's fundamental.
Justice Scalia: It's a silly rule.
Mr. Reardon: It's fundamental to the game.
Justice Scalia: All sports rules are silly rules, aren't they?
Mr. Reardon: I don't think it's a silly rule.
I think it gauges how well the pitcher can control the ball and get it within the strike zone.
Here we are dealing with something that isn't fundamental.
Not only in the Q School.
Any Monday, a golfer with a two handicap and two letters of reference can go out to a PGA tournament that's about to be run that week and they show up and they present their handicap and their letters of reference.
Justice O'Connor: Mr. Reardon, the Seventh Circuit Court of Appeals in a strikingly similar case to this one determined at the end of the day that the walking rule was fundamental because it put additional physical stress on each competitor after a tournament lasting several days and perhaps in hotter inclement weather, and on hilly conditions, it could impose quite an additional stress on the players in the final rounds.
Mr. Reardon: That's correct, Your Honor.
Justice O'Connor: And therefore, that it was an aspect of the physical challenge involved.
Mr. Reardon: That case is in this Court.
That case was decided on a different record from this record.
That case I don't think went into a very material aspect of the proof in our case, which was the nature of the disability, this tragic disability that he has, and what it did in terms of whether or not a, a rule which would require him to walk should be altered.
Chief Justice Rehnquist: Should the nature of the disability make a difference?
Mr. Reardon: Basically because if it doesn't, then you are not really gauging the second part, which is to consider whether or not an alteration is going to do something fundamentally.
If it's a superficial disability, giving a player an advantage may indeed result in an alteration in that circumstance.
Chief Justice Rehnquist: Well, what would be your example of a superficial disability?
Mr. Reardon: Ingrown toenail, Your Honor.
Chief Justice Rehnquist: Well, I think if you have an ingrown toenail, it doesn't seem superficial.
Unknown Speaker: [Laughter]
Mr. Reardon: I agree with that, but, but the Act, the Act--
Justice Scalia: I think it's quite internal, actually.
Unknown Speaker: [Laughter]
Mr. Reardon: --The Act does not accommodate that kind of a disability.
Casey Martin's disability is indeed accommodated.
Justice Ginsburg: Mr. Owens, are... Mr. Reardon, you said Mr. Olinger's case was different because it was on a different record, and that's somewhat worrisome because let's say you're right, that they do have to make accommodations.
Who is the judge of whether a person is sufficiently disabled to get a dispensation from the nonfundamental walking requirement?
Is it up to the lawyers and the quality of the record they make?
Mr. Reardon: I think it's initially up to the public accommodation, in this case the PGA, to look at it and decide.
Justice Ginsburg: But you said the difference between this case and the Olinger case is the record, and that's made in court by advocates for a side.
Mr. Reardon: Yes, it is.
But I'm talking about in advance of it getting to the courthouse.
If the PGA had done what I respectfully suggest the law demands of it, which was to take a look at the nature of the disability, the individual disability of Casey Martin, rather than returning his medical records without looking at them, and returning the tape demonstrating the gravity of his problem, they would have seen the disability and in those circumstances--
Justice Ginsburg: But did they do it on a case by case basis or did they say we're troubled by this notion because we think there are a lot of people who will say it's a lot harder for us to walk, and we don't... we won't know where to draw the line?
Mr. Reardon: --Respectfully, Justice Ginsburg, I don't believe there will be a lot of cases, a lot of people.
Because just taking our 1997 case, the PGA has not had another lawsuit by a disabled person.
The USGA, which is here, has had two lawsuits, basically similar facts.
Now, there has not been a huge wave of litigation and the reason is, a person like Casey Martin is very unique.
He never asked for any modification of any rule affecting where he hits the ball, how big the hole is or anything else.
He plays every single rule of the game.
The only thing is his disability and the whole purpose of the Act is to get people like Casey Martin a chance to get to the game.
Justice Breyer: What, what is the rule?
Didn't organized baseball waive a rule in the case of Jim Abbott, who had, I think, a hand... what was the rule they waived?
Do you remember?
Mr. Reardon: As I understand the rule, Your Honor, basically in baseball the pitcher is not supposed to move the ball in his hand prior to delivery.
Justice Breyer: And they waived that rule.
Mr. Reardon: Regular pitchers take the ball, as you see, they take it into their chest, hold the ball behind the glove and then make the delivery.
Justice Breyer: Now, how are we supposed to find out whether this rule is more like that rule of looking at the ball in baseball, or whether it's more like the rule that Justice Scalia mentioned, namely the rule of having a designated hitter?
How is the... how are we supposed to decide whether the rule is the one or the other?
Mr. Reardon: Okay.
I think what's very important is to understand what the game is, what is the competition?
Now, when you look at the rules of golf, promulgated by the U.S. Golf Association and St. Andrews, this is the bible of golf.
If you want to play golf virtually in the world, you play by these rules.
What do these rules say?
Rule one of the game of golf, hitting the ball from the teeing ground into the hole by a stroke or successive strokes.
That's the game.
There is no rule in the rules of golf--
Justice Breyer: I know.
But you realize I'm not the one who will know that.
I'm not very good at golf.
Unknown Speaker: [Laughter]
Justice Breyer: The... the... the real question is some rules are like the designated hitter and they are part of the game.
Other rules are like whether you look at the baseball before you throw it or hold it to your chest, which isn't part of the game, at least not an essential part.
Now, how did we find out which is which because the question was raised and I want to be clear what the answer to that is, and how do we find out?
Not we, me personally.
What's the system for finding out?
Mr. Reardon: --I would respectfully suggest the system is to look at the nature of the rule.
Justice Breyer: Who?
Mr. Reardon: Initially it would be the public accommodation.
If they don't agree that there should be a waiver of the rule, then it has to go on up the line, including to courts, if that's required.
Justice Breyer: So courts look at that like they look at any other rule of any other employer, public accommodation, et cetera?
Mr. Reardon: Yes.
I don't see anything quite frankly respectfully, extraordinary about that.
Justice Stevens: Well, we get into a lot of unexpected areas around here.
But, Mr. Reardon, at the least, don't we have to give substantial deference to the sporting authority?
Mr. Reardon: Actually, Justice Kennedy, if you wind up giving substantial deference, in other words, if you roll over and let them make a rule and say it's substantive, and that's the end of the game, then you are basically giving them a free pass out of the Americans with Disabilities Act, which would be improper.
Justice Kennedy: Well, what... we give deference to agencies all the time.
It's not rolling over.
It's just an acknowledgment of who has the best expertise, who knows the most about it, who is best equipped to make the decision.
That's all it is.
Mr. Reardon: But it's, it's not just a decision by the sport.
There is an implication, and a very significant implication in the statute, which requires the analysis.
This is not something where Congress said sports can have--
Justice Stevens: Mr. Reardon, can I ask you a question to be sure I understand your theory about fundamentally alter the nature of the game.
Are you contending that the walking rule is never a fundamental... abandoning the walking rule, it would never be a fundamental rule, or are you contending that with respect to Casey Martin, it's not fundamental because his disability has the same impact on his ability to play as walking has on other people?
Which is your theory?
Mr. Reardon: --I would... I'm trying to live with both theories, if Your Honor please.
But I do believe--
Justice Stevens: Quite different.
Mr. Reardon: --that looking at, at his disability is very important.
Because it enables the one making the judgment to determine whether or not this modification, taking into account his circumstances, is really significant.
Justice Scalia: Mr. Reardon, lest we seem as ignorant of the rules of baseball as we may well be of the rules of golf, and the former would be a much greater sin, I--
Unknown Speaker: [Laughter]
Justice Scalia: I want to point--
Justice O'Connor: --Wait a minute.
Justice Stevens: In dissent again.
Justice Scalia: I want to point out that your, your colleague does not agree that a special exception was made for Jim Abbott, that they believe that the rules of baseball did not prohibit what he was doing.
The only thing that was prohibiting was deceiving the base runner, and spinning the ball; so long as it didn't deceive the base runner, it was okay.
We don't have to resolve that here.
Justice Stevens: I saw his--
--But I just want to be on the record that we're aware of that problem.
Unknown Speaker: [Laughter]
Mr. Reardon: I don't know if I've answered your question, Justice Stevens, but I think it largely turns initially at least on the condition of the disabled person, and you look at that.
Justice Stevens: Well then you're not contending that the, if it, if it weren't for the particular nature of his disability, that it would fundamentally alter the game?
Mr. Reardon: No.
Your Honor, I think if you examine the way the PGA has handled the whole walking rule, it's replete with exceptions, that you can't have all of those exceptions and then argue it's essential because that's what the... you get to the definition--
Justice Stevens: Well, it seems to me you can have a different rule for qualifying and then have, than you have for the final events.
And if the final events are all run consistently with the general rule, I'm not sure the, the fact that it isn't fundamental in the sense you don't really have to have it makes the difference.
Mr. Reardon: --But if you're testing the same skills, that's very important to my argument, that what are you testing.
And when you look at the way they handled the exceptions throughout, this is the over 50s, just last week in Hawaii, and this is not in the brief, but examples like this are in the brief.
There are a couple of holes out in Hawaii on the Mercedes championship that were difficult for the players to negotiate because they were hilly.
They took them by cars.
Justice Souter: Yeah, but they took them by cars, I take it, for everybody.
Mr. Reardon: Everybody.
Justice Souter: And... and therefore, the fact that they took them by cars does not affect the assessment of the relative abilities of the players, because they all got the same dispensation.
Your brother's argument is that a professional sport is entitled to define anything as fundamental which could affect the relative, the measurement or the indication of the relative ability of the players.
And he says walking or not walking does make that kind of a difference.
What is wrong... and we've got to come on with some kind of a standard if, no matter how we decide this case, why isn't that a reasonable standard that should be respected under the Act?
Mr. Reardon: Because walking is not the game.
The game is hitting the ball and--
Justice Souter: No, but... the game can... we're not talking about the game in the abstract.
We're talking about the PGA Tour, and if the people who make the rules for the PGA Tour say we want to make this particular game tougher than regular golf games, we are going to separate another subset of people by making them walk, or at least making them walk on most holes.
Everybody has to play by this rule.
Why, if that could be outcome determinative, is that not a, number one, a reasonable way for them to draw the line, and why shouldn't we respect it?
Mr. Reardon: --I think it... you still have to look at the rule to see whether that rule as imposed, or as modified, giving an exception, would fundamentally alter that game.
Justice Souter: I know it.
But their argument is, that's... but you're avoiding my question.
Mr. Reardon: I'm sorry.
Justice Souter: I think.
Their argument is that if it can affect the results, then we are entitled to define it as fundamental in this kind of a game.
You may argue that it doesn't affect the results and therefore even on their own theory, it shouldn't apply, and you have so argued, and I understand that.
But if you're not right about that, is there something wrong with the legal criterion that they are arguing for?
Mr. Reardon: Your Honor, what I think is wrong with it is that you would basically be giving the PGA and organized sports a free pass out from under the--
Justice Souter: I understand your argument, but their response to that I think would be no, it's not a free pass because if you can in fact show that this doesn't affect the relative measurement of the players, that this is just kind of a sham, then we couldn't enforce it.
It wouldn't be fundamental within the meaning.
Mr. Reardon: --And we haven't proposed the rule as a sham, but we have, and rely upon the record, which reflects the trial judge's conclusion after a six day trial, that walking was not a significant matter.
Justice Ginsburg: Under normal circumstances.
Mr. Reardon: Under normal circumstances.
Justice Ginsburg: And that's an ambiguity in the lower court's finding.
What is... isn't a tournament at the height of the competition abnormal circumstance with the description of the, of the, what would it be, the extra hole and the humidity and the rough terrain.
That doesn't sound to me like normal circumstances.
What, what was, what was the lower court intending to cover with that qualifying language?
Mr. Reardon: I, I can only suggest, and there was testimony with respect to the U.S. Open, which was held here in Washington in 1964, testimony by the player who won it, Mr. Venturi.
And his testimony was that he literally did get exhausted.
There was counter testimony that said the exhaustion came from dehydration, not from walking, and there was spectators at that event who were passing out.
They weren't doing any walking.
Justice Ginsburg: What are abnormal... what is a normal circumstance and what is an abnormal circumstance?
Mr. Reardon: I, I think the abnormal circumstance would probably be a circumstance that may, may have some relationship to performance, but may not.
Argument of Barbara D. Underwood
Chief Justice Rehnquist: Thank you, Mr. Reardon.
Ms. Underwood, we'll hear from you.
Ms Underwood: Thank you, Mr. Chief Justice, and may it please the Court, This case presents an important question of the coverage of the Disabilities Act, as well as an issue of its application.
When an organization arranges a golf tournament and invites the public to compete for the opportunity to participate, it provides golfers with services, privileges, and advantages of the golf course.
Justice Stevens: Miss Underwood, may I just ask a question right there?
Putting the qualifying schools to one side for a moment, at the time they have entries to the golf tournament itself, the public can't just... anybody just can't come in and say I want to play, only those people who have graduated from the qualifying school.
Ms Underwood: Well, that's rather like the fact that a university that, that offers, to which the public can apply doesn't then admit the whole public.
It has a selection process, and so what only, only the admitted people can attend, but the university is a public accommodation.
Justice Scalia: The students are not performing.
The professors are performing and the students, the students are enjoying the performance of the professors.
Unknown Speaker: [Laughter]
Ms Underwood: Yes.
That's a different point.
All I meant was that the fact that there is a selection process does not deprive an entity of its status as a public accommodation.
If it's open to the public to compete, to attend, then that whole process is, is something that's open, to which the public is invited.
On the separate point, what are the circumstances--
Justice Scalia: Why is that any different with respect to employees?
Couldn't you say that awful your employees are enjoying the opportunity to work for you in the place of public accommodation in which you employ them?
That seems to me perfectly parallel to saying that these professional golfers who are making money by, by putting on this entertainment are enjoying the opportunity to do that.
Ms Underwood: --You might be able to say that.
There are two... the words would allow you to say that.
There are two reasons why you wouldn't.
One is that Congress made very clear that it was covering employees in Title 1 and that it didn't intend to provide redundant coverage in Title 3 so whatever one might say ab initio, that possibility is excluded.
Justice Scalia: Independent contractors would be covered then.
The independent contractors who, who provide services to the owner of the public accommodation are enjoying the opportunity to provide him services.
Ms Underwood: Well, I'd like to take, to answer that in two steps because I take issue with the proposition that these are employee like independent contractors.
I do say that even if they were, they would be covered, but this is a much stronger case because in fact, there is no independent contracting relationship here.
The golfer does not, does not undertake any obligation to perform, even in the way that an independent contractor does.
He is simply--
Justice Scalia: Doesn't he... doesn't he have to appear in a certain number of tournaments per year?
I thought that was part of the commitment.
Ms Underwood: --He doesn't make a commitment to... it's my understanding of the record that he doesn't make a commitment.
It is true that if he doesn't appear, he won't be in the Tour anymore, but he, by qualifying and being eligible to be in the Tour does not make a commitment to participate.
Justice Scalia: Well, that's just like saying an independent contractor doesn't have to comply with his contract there.
The only thing is if he doesn't, he gets fired.
I mean, it's the same thing.
Ms Underwood: It's not quite the same thing because there is no contract, there is no contractual commitment here at all.
Justice Souter: But you're saying, I take it you're saying that they can't sue, the Tour can't sue the guy that doesn't play enough games, they just drop him.
Whereas, they can sue the plumber who doesn't come if you have to hire a more expensive plumber.
Ms Underwood: That's correct.
In fact, PGA Tour explained in the district court when they were attempting to defeat the claim that this was an employee, that it doesn't hire golfers, that it's a membership organization, a professional association that arranges playing opportunities for its members and promotes their interests.
It compared itself to the ABA in that regard.
It provides opportunity for them.
It provides services for them.
Justice O'Connor: May I... may I ask you, Ms. Underwood, if whether to decide in your favor, we have to determine the general applicability of Title 3 of the ADA to independent contractors?
Ms Underwood: No, you do not.
In the... that is, the, the particular sort of entity or status of Respondent here is, as I said, a much clearer case that he is a consumer of the services or the privileges or advantages of a public accommodation.
Justice O'Connor: Wait.
It was determined in this case, as I understood it, that he was an independent contractor; at least the district court thought so.
Ms Underwood: Well, the district court said so in the context of deciding that he wasn't an employee, as if the only two options were that he was an employee or an independent contractor.
That is, in deciding that he couldn't take advantage of Title 1 for employees, the court said he is not an employee, and looked to the body of law that said people who aren't employees are independent contractors.
But I don't think that resolves the question whether he maybe was something else entirely, a member or a potential member who was neither an employee nor an independent contractor as that term is commonly used in the working context.
He simply wasn't a worker here at all.
Petitioner argues that players can't be consumers of services because they are providers of entertainment to the spectators, but that is simply a false dichotomy.
PGA offers services to these two different groups.
It arranges playing opportunities for golfers and viewing opportunities for the spectators.
As a result, players both consume and provide services at the same time, just like the little league players who have uniformly been treated by the lower courts as protected users of a public accommodation.
Unknown Speaker: Well, I suppose any business which is a successful business in the community holds out the privilege of independent contracting as repairmen come in and so forth, they are all independent contractors, and I'm not quite sure how you distinguish that from, from the golfers here.
Ms Underwood: Well the difference is, as I said, I think there is an argument that even those independent contractors could be covered, that the Disability Act meant to open economic and social life to people with disabilities and that--
Justice Kennedy: Let's... let's assume I disagree with that.
Ms Underwood: --Yes.
I think the simple answer here is that the privilege of working for, for money in an employee like role is simply quite different from what is happening when somebody participates in a competition.
The public accommodations laws, as we said earlier, protect gamblers at a casino, or exhibitors at a craft fair, or participants in a dance contest, whether there are money prizes or not, whether the people who are engaging in those competitions.
I mean, I think the... are doing it to make their living or are doing it as an avocation.
It wouldn't work to distinguish the motivations of the different users of the services of that accommodation.
They wouldn't be protected if they were employees.
It's perfectly true that if golf arranged itself differently, and had employees here, they wouldn't be protected under Title 3.
Justice Kennedy: But the independent contractor repairman has to do it for a living, and let's, let's assume that we think that that's what these golfers are doing.
What's the difference?
Ms Underwood: The difference is that the participation in a contest is a different sort of, that is open to the public, is a different sort of thing from the cut from the arrangement by contract, by employment contract or by some other contract to provide services.
And I'd like to point out, of course, that covering people like independent contractors or like contest participants, which is what we have here under Title 3 is not as has been suggested some sort of end run around the limitations of Title 1.
Justice Ginsburg: Are you then distinguishing the stage... one analogy that was made is the spectators are in the theater, but what's going on in the stage, those people are not relating to the space as a public accommodation.
Ms Underwood: Well, you're making a comparison to the theater, you mean?
Justice Ginsburg: Yes.
Ms Underwood: Well, in a theater, of course, ordinarily there are employees so this issue, they ordinarily are employees so this issue doesn't come up.
I would suppose though, that if, if a, if a performer sought to rent a performance space, he would be a consumer of the, of that facility and could claim that he was being discriminated against as a consumer of that facility.
That's not usually the way performers relate to performance space.
Justice Breyer: In your opinion, does it make a difference if, if there is no easy classification, that is, if a professional golfer is somehow unique, not this, not some other thing, not an employee, not a contractor, not a client, not exactly a customer, not a this, not a that.
Does it matter?
Ms Underwood: Well, I think that the purpose of the Disabilities Act was to, was to be inclusive.
I think that's clear both from the statute and from the legislative history so that I would suggest that if there's, that doubts should be resolved here in favor of coverage.
But I don't think it's unclear.
I think that, that the, that the public accommodations title was meant to cover golf courses and participation in events at golf courses so long as they are open to the public.
And it seems to me this is right in the heart of what the statute was meant to reach.
Rebuttal of H. Bartow Farr, III
Chief Justice Rehnquist: Thank you, Ms. Underwood.
Mr. Farr, have you three minutes remaining.
Mr. Farr: Thank you, Mr. Chief Justice.
Excuse me.
Just a few brief points.
Responding in reverse order to the United States' argument, first of all, they say that the reason that employers, employees are not covered by Title 3 is because that covers Title 1, but Title 1 doesn't cover all employees.
It only covers employees of a covered employer.
You have to have at least 15 employees to be covered and if you are not an employee of a covered employer, you are not covered either.
Yet, the United States' position is that no employees are covered by Title 3, but really independent contractors or people similar to that are in the same position essentially with respect to Title 3 as noncovered employees under Title 1.
Secondly, the district court specifically said that Respondent was an independent contractor, not just in talking about Title 1, but on page 53 of the joint appendix, it says, the district court says, I focus only on the issue of whether he is entitled to his requested accommodation, the use of a golf cart, as an independent contractor playing in defendant's tournaments which are held at places of public accommodation.
Now... but I should point out, I mean, while he is an independent contractor as defined by the district court, our point is not exactly it turns on whether he is an employee or an independent contractor.
Our point is he is not a consumer of goods and services, and there are a number of people who are not consumers.
Employees are in the group.
Independent contractors are in the group.
Partners in a law firm, which is a type of public accommodation, are not in the group.
Insurance agents are not in the group.
The issue is what they are not.
They are not people obtaining, seeking to obtain or gain access to goods and services.
They are all in the category of people who are providing goods and services to the public accommodation so it in turn can provide its goods and services to other people.
Secondly, just to make the contrast between the people who are also playing golf and who are covered, Title 3, we concede, it covers commercial opportunities, recreational opportunities, educational opportunities.
Those are all things specifically mentioned in Title 3 in terms of defining who's a public accommodation.
What it doesn't cover is professional opportunities, the people who are trying to get, to make their living essentially working for the place, the operator, the public accommodation.
So they are not like the tout at the race track who is there in common with the other people enjoying it for recreation.
They are people actually working like somebody who is behind the betting counter at the race track who is working for the operator.
Now, just quickly on the points that Respondent raises, Rule 1.1 doesn't say golf is a sport of hitting the ball from the tee to the putting hole.
It says it's a game of hitting it from the tee to the putting hole in accordance with the rules.
That is Rule 1.1.
And the rules for this particular competition include, as there are permitted to be, optional rules, and that in turn includes the requirement that competitors walk the course.
So if you, if you are saying that you cannot, that you have to make waivers in that situation for someone who can't comply, then you are changing the game.
Chief Justice Rehnquist: Thank you, Mr. Farr.
The case is submitted.
Argument of Speaker
Mr. Farr: The opinion of the court in No. 00-24, PGA Tour INC. v. Martin will be announced by Justice Stevens.
Argument of Justice Stevens
Mr. Stevens: This case comes to us from the United States Court of Appeals for the Ninth Circuit.
It raises two questions concerning the application of the Americans with Disabilities Act of 1990, to a gifted athlete: first, whether the Act protects access to professional golf tournaments by a qualified entrant with a disability; and second, whether a disabled contestant maybe denied the use of a golf cart because it would "fundamentally alter the nature" of the tournaments to allow him to ride when all other contestants must walk?
Petitioner the PGA Tour Inc. sponsors professional golf tournaments conducted on three annual tours, the PGA Tour, the Nike Tour, and the Senior PGA Tour.
A player may gain entry into the PGA tour or Nike tour by successfully competing in a three-stage qualifying tournament known as the "Q-School," which is opened to any member of the public and with two letters of reference and the $3,000 entry fee.
Three sets of rules governed petitioner's tours: first, the rules of golf which apply not only to petitioner's tours that the all levels of amateur and professional golf and which do not prohibit the use of golf carts; second, the so-called "hard cards" which apply only to petitioner's tours, those cards require players to walk during most tournaments that allow them to use carts during the first two stages of the Q-school in open qualifying rounds for each tournament and in Senior PGA tour events; third, are the "Notices to Competitors" which are issued for each specific tournament and may authorize the use of golf carts in the certain limited situations.
Respondent Casey Martin is a talented golfer, he is also an individual of the disability under the Americans with Disabilities Act.
From birth he has been afflicted with a degenerative circulatory disorder that causes severe pain, and atrophying in his right leg.
That puts the leg at a risk of hemorrhaging, fracturing and possible amputation, and that as the District Court found prevents him from walking an 18-hole round of golf.
Under the PGA rules, he was allowed to use a golf cart during the first two rounds of the Q-school but not during the third stage.
He made a request supported by detailed medical records for permission to use a cart but the PGA refused to review those records or to waive its walking rule.
Martin therefore filed this action under Title III of the Disabilities Act.
The District Court granted Martin a preliminary injunction requiring the PGA to permit him to use a cart in its tournaments, and after a bench trial the District Court entered a permanent injunction to the same effect.
The Court of Appeals for the Ninth Circuit affirmed holding the Title III applies to the PGA and that allowing Martin to use it cart would not fundamentally alter the nature of the competition and its tournaments.
That decision conflicted with a Seventh Circuit case so we granted certiorari.
We first hold that the PGA does operate a place of public accommodation, the statute defines public accommodation in terms of 12 broad categories and specifically list a golf course is one such place.
Those courses are not only open to the members of the general public who play outside of the PGA tournaments, but they are also places they are open to the members of the public who either pay to watch those tournaments, or pay to enter the Q-school or open qualifying rounds in order to obtain access to PGA's tournaments.
Those competitors represent one group of clients or customers of the PGA who compete for price money in its tournaments.
Under the statute the PGA may not deny those competitors including Martin access to tournaments on the basis of a disability covered by the Act.
The statute does provide however that an entity does not have to modify its rules to grant access to a disabled person if the entity can demonstrate that the modification would fundamentally alter the nature of the activity.
The critical question in this case is whether would fundamentally alter either the game of golf in general, or the competition in athlete tournaments that the PGA sponsors to waive the walking rule for Martin and to allow him to use a cart.
The first part of the question is easy, carts are now a common feature of the game their use does not affect the player is handicap and is not inconsistent with the fundamental character of golf, the essence of which has always been shotmaking.
The more difficult question is whether the walking rule is an indispensable feature of tournament golf at its highest level.
The PGA contains that any waiver of an outcome affecting rule would fundamentally alter the character of its tournaments.
The PGA relies on both common sense and the testimony of experts to support the proposition that the walking rule maybe "outcome affecting," because fatigue may adversely affect performance and a shot or two can determine the outcome of the tournaments.
In response, Martin relies on two findings made by the District Court: first for a variety of reasons affect the fatigue from walking during the PGA tournaments is generally not significant.
Indeed many professionals prefer to walk.
Second, and of greater importance is a District Courts uncontested finding that Martin endorse greater fatigue with a cart than his able-bodied competitors do by walking.
Since the sole purpose of the walking rule is to make fatigue a factor in the competition, and since Martin incurs greater fatigue than his competitors even if he has allowed to use a cart.
Granting him a waiver of the rule would not impair the purpose of the rule, it therefore cannot be said to fundamentally alter the character of the tournaments, because such a waiver is necessary to unable him to have access to PGA tournaments which as we have held our places of public accommodation, it is a reasonable modification that the statute requires.
The waiver will not give Martin an advantage over other competitors, but it will give him access to the privilege of qualifying for and competing in the athletic events the PGA offers to those members of the public who have the skill and the desire to enter.
That is the exactly what the Americans with the Disabilities Act requires.
Accordingly, the judgment of the Court of Appeals is affirmed.
Justice Scalia has filed a dissenting opinion in which Justice Thomas has joined.


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The Giant Beastcast: Episode 06
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Her Story is a bold and largely successful experiment in interactive crime fiction.
Rocksteady's gorgeous-looking third Arkham game refines its open-world format a bit and lets you drive a whole hell of a lot of Batmobile.
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Object »
Dubbed "The Greatest Warrior of The Twentieth Century", Big Boss is a soldier who achieved legendary status during the 1960's and later went on to establish the elite U.S. black ops unit FOXHOUND. He is also known as Naked Snake.
Bearded war veteran Bill Overbeck is one of the survivors of Left 4 Dead.
Chris Redfield is one of the first and most recurring protagonists in the Resident Evil series.
Coach is one of the four playable Survivors in Left 4 Dead 2. A former high school health teacher and defensive coordinator for a freshman football team, he motivates the other Survivors to safety.
One of the four playable survivors in Left 4 Dead 2. He's a good-ol'-boy mechanic, and he would just looove to tell you about his buddy, Keith!
The Engineer is a character class in the Team Fortress franchise. He is able to build different structures to aid his teammates in the battle.
Francis is one of the survivors in Left 4 Dead. You name it, Francis probably hates it. Except for vests.
The Heavy Weapons Guy or just "Heavy" for short, is one of nine character classes in the Team Fortress franchise. He is slow but powerful and can take a lot of damage. His main weapon is a minigun.
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A female agent of the West African branch of the BSAA (Bioterrorism Security Assessment Alliance). She assists Chris Redfield in his mission during Resident Evil 5.
Zoey is one of the survivors of Left 4 Dead. She is a college student and Horror aficionado.
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Stores »
Indie rock posters and art prints by Nate Duval
We are a community of shoppers sharing our best finds from across the web.
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Last Login: 02/14/2015 10:45 am
Registered: 08/21/2009
Gender: Male
Birthday: 06/26/1995
Glimpses into this life
Why am I like this,
Why do I feel so different?
It's not fair,
Why can't I be like them?
For just a moment,
I want them
to feel unloved,
to think that they're truly alone.
Think of the infinite void that is death
Everything you have worked for in life
was for nothing
Feign conceit
You know you want the attention
Hold it all in,
Then let it consume you.
Blame everyone else for what you've become.


text:
Robson Road west of North Florida Avenue will be reduced to one lane of traffic Wednesday, August 3 through Friday, August 5, 2011 while City crews install new storm pipe. Traffic control and flaggers will be on site. Minor delays should be expected.
LAKELAND, FL (July 25, 2011) -- Beginning August 1, 2011 and lasting for approximately one week, the City of Lakeland will be paving Wedgewood Estates Boulevard from North Road 98 to Carpenter's Way and Griffin Road from North Road 98 to Lakeland Highlands Boulevard. Roadways will remain open to traffic during the work, but delays are expected. Please drive carefully and be aware of on-site City personnel.
If you have any questions please call Troy McCain, Pavement Coordinator at 863-834-3300.
LAKELAND, FL (July 23, 2010) – The Lakeland Police department would like to invite you to participate in the 28th Annual National Night Out on Tuesday, August 2, 2011. National Night Out is an annual event where neighborhoods, businesses, churches and law enforcement come together to show solidarity in the ongoing fight against crime and drugs. This event is designed to heighten crime prevention awareness, generate support and participation in local anticrime programs and strengthen neighborhood spirit and police-community partnerships. This is a great opportunity to send a message to criminals letting them know that local neighborhoods are organized and fighting back!
Along with the traditional outside lights and front porch vigils, your neighborhood can celebrate National Night Out with a variety of activities such as block parties, cookouts, parades, festivals and visits from local officials and police officers. It's free to participate in National Night Out so register your neighborhood today. The benefits your community will derive from participating in this event could extend well beyond this one night.
For full details, contact Dr. Greg Robinson at (863) 834-6912 or at firstname.lastname@example.com.


text:
Sharing Research Knowledge Through Outreach, Engagement, and Dialogue.
To pave the way toward prevention, recovery, and cure, we must find ways to ensure that the interventions and information we generate can be used by patients, families, health care providers, and the wider community involved in mental health care.
NIMH Strategic Plan: Objective 4: Strengthen the Public Health Impact of NIMH-Supported Research
NIMH Outreach Activities
Many of the Institute's outreach and public liaison activities are overseen by the NIMH Office of Constituency Relations and Public Liaison (OCRPL). These activities include interactions with advocates for individuals with mental illness, as well as professional, scientific and community-based organizations interested in the mission and/or programs of NIMH:
- NIMH Professional Coalition for Research Progress
- NIMH Alliance for Research Progress
- Outreach Partnership Program
- Public Liaison and legislative activities.
NIMH participates in additional outreach activities such as partnering with Real Warriors and Bring Change 2 Mind campaigns to raise awareness and provide information.
Come see NIMH at …
- National Alliance on Mental Illness Annual Convention
July 6-9, 2015
San Francisco, CA
Upcoming Events
- National Children's Mental Health Awareness Day
May 7, 2015


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Full CoverageBreaking News
UH men's basketball preps for UC DavisUPDATED 12:31 AM HST Jan 19, 2013
After a win against Pacific, UH men's basketball team prepares to host UC Davis.
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CommentsThe views expressed are not those of this site, this station or its affiliated companies. By posting your comments you agree to accept our terms of use.blog comments powered by Disqus


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Avalon Organics Tear-Free Baby Shampoo & Body Wash -- 8 fl oz
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Video Trailer: ZERO DARK THIRTY In Theaters: December 19th, 2012
For a decade, an elite team of intelligence and military operatives, working in secret across the globe, devoted themselves to a single goal: to find and eliminate Osama bin Laden. Zero Dark Thirty reunites the Oscar(R) winning team of director-producer Kathryn Bigelow and writer-producer Mark Boal (The Hurt Locker) for the story of history's greatest manhunt for the world's most dangerous man.
Director:Kathryn Bigelow
Cast:Jessica Chastain, Jason Clarke, Joel Edgerton, Mark Strong, Jennifer Ehle, Kyle Chandler, EdgaR Ramirez
Writers:Mark Boal
About Author
- Mark Wahlberg Partners With Indian Motorcycle on Limited Edition Apparel Line
- VIDEO: Oscar Winner Eddie Redmayne Joins All-Star Cast in New SAG Foundation PSA
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- Rebecca Wang Supports 68th BAFTA Film Awards Ceremony
- Gay Men's Health Crisis to Honor THE NORMAL HEART's Larry Kramer with Lifetime Achievement Award


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A new kind of shoplifting has hit stores in Chicago, Washington, D.C., and Philadelphia. "Flash robs" occur when a group of people organized over social media steal by mobbing a store. Police are advising store employees not to try and stop the robbers, and to take steps to make the quick removal of items difficult.


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Peel Island
|Place Details
|Place ID
|Registration Type
|State Heritage
|Place Name
|Peel Island
|Place Classification
|Place Category
Health and Care Services
|Place Type
7 Maintaining order / 7.3 Customs and quarantine services
10 Providing health and welfare services / 10.1 Providing health services
|Register Entry Date
|Peel Island
|Town / Suburb
|Post Code
|Cultural Heritage Significance
|Principal Period
of Significance
|1870s-1940s (Fabric), 1873-1890s, 1910-1916, 1907-1959 (Historical) 1870s-195os (Historical)
|Criterion A
|Peel Island, as the site of a quarantine station, inebriates' home and lazaret, is important in demonstrating several important aspects of Queensland's history, including: how an extensive network of government institutions was developed in the late 19th and early 20th centuries for the control and isolation of those who were considered morally, racially and physically unsuitable; how islands in Moreton Bay and elsewhere were used as places of social control and isolation; and attitudes to leprosy patients and the treatment of the disease in Queensland.
|Criterion B
|The island is significant also for its retention of a rare aspect of Queensland's heritage: the only surviving lazaret in the state, which is also important as one of only two multi-racial lazarets in Australia and the only lazaret purpose built and organised on the isolation method.
|Criterion E
|Peel Island is important also in exhibiting a range of aesthetic qualities valued by the community, in particular the lazaret site in decay, juxtaposed with the surrounding landscape and Moreton Bay seascape.
|Peel Island was known variously to Aboriginal groups as Turkroor, Dairkooreeba, Chercrooba. The island was charted by Matthew Flinders in 1799. In 1873 the island was proclaimed a reserve for quarantine purposes. A quarantine station was established on the south east corner of the island and was in regular use throughout the 1870s and 1880s as the colony received a constant stream of immigrant ships. With a decline in immigration in the 1890s and an improvement in public health, the quarantine station fell into disuse. Between 1910 and 1916 the buildings were use as an inebriates' home. In 1906 an area of 160 acres on the north west corner was gazetted as a reserve for lazaret. The first case of leprosy in Queensland was discovered in 1855. Little interest was shown in the disease until the 1880s when there was a notable increase in the incidence of the disease. The diagnosis of the first European with leprosy prompted the implementation of the Leprosy Act of 1892. Two lazarets were established, one on Stradbroke Island for white patients, the other on Friday Island in the Torres Straits for non-Europeans. Both lazarets experienced considerably difficulties and in the early 1900s, the government decided to close these institutions and establish a multi-racial lazaret on Peel Island. The new lazaret, opened in 1907, was designed and organised on the principle of isolation. Patients were housed in individual huts grouped in three separate compounds - male, female and 'coloured'. The huts for white patients were small single roomed, timber buildings, while the huts for the coloured patients were more rudimentary structures of bush timber clad with tea tree bark. Other buildings on the site included bath houses, kitchens, dining rooms, and staff accommodation. In 1908 a church was built by the coloured patients near their compound. Additional huts were erected as more patients were sent to the island. In the coloured compound, the durability of the bark cladding was short-lived, and in 1909 the huts were reclad with corrugated galvanised iron. During the 1920s major improvements were undertaken, including the construction of a surgery, nurses quarters and new store. Kitchenettes were added to the female huts to enable the female patients to prepare their own meals. Four timber huts were erected in the coloured compound. The lazaret opened with 70 patients, and reached a peak of 84 soon afterwards. For many patients, being sent to Peel Island was a life sentence. More than 180 patients died on the island and were buried in the cemetery. For other patients the disease did go into remission, and after a series of negative tests were discharged. The patients were left to devise their own means of occupying each day. Some patients had boats and were allowed to fish off the island. Other patients had gardens, poultry and goats. Some patients were employed doing work on the lazaret as labourers, carpenters and seamstresses. During the 1930s plans were made to establish a separate lazaret for the coloured patients and in 1940 the coloured patients were transferred to a new lazaret established on Fantome Island near Townsville. In 1947 patients began being treated with the drug Promin, and the success of the treatment soon became apparent. More and more patients began to be discharged and by the late 1950s, there were less than ten patients. In 1959 the lazaret was closed and the patients transferred to the Princess Alexandra Hospital. With the closure of the lazaret, various schemes for redeveloping the island were proposed. The lazaret buildings were offered for sale, but only a small number were removed from the island. In 1968 the Church of England Grammar School obtained a thirty year lease over part of the former lazaret. Peel Island was declared an Environmental Park in 1989 and the day to day management of the island has been the responsibility of the Redlands Shire Council. Peel Island is unique in Australia as the only lazaret designed on the isolation method that survives substantially intact. At Fantome Island no buildings remain, and on Channel Island in the Northern Territory only remnants survive. Other lazarets such as at Derby in Western Australia and East Arm in the Northern Territory were more like a traditional hospital or institution with wards and dormitories.
|Peel Island, situated in Moreton Bay four kilometres east of Cleveland, is a low lying island of approximately 590 hectares. The principal vegetation comprises acacias, eucalypts, and melaleucas, and the island is surrounded by mangroves except for a sandy beach which forms Horseshoe Bay on the southern side. The south east corner of the island contains remnants of the Quarantine station. These include a well, concrete slabs, a brick building, cemetery, and stone jetty. Lying to the south of the stone jetty is the wreck of the SS Platypus. The island contains three main tracks; one from the south east corner of the island to the lazaret, another from the western jetty to the lazaret, while the beach track runs parallel to Horseshoe Bay. The lazaret is situated on the north east corner of the island. The buildings are grouped in three compounds (male, female and coloured), and four zones (administrative, treatment, recreational and perimeter). The male compound contains 19 huts and a bath house. The huts are similar in form and construction being one roomed timber buildings with a veranda. A distinctive feature of the huts is a roof ventilator. One hut was modified to serve as the Catholic Church. The female compound contains five huts and a bath house, and remnants of another six huts. The female huts differ for those in the male compound in having a kitchenette on the side. In the coloured compound, five huts survive. Four of these huts have adzed corner posts set into the ground, concrete floor, and clad with corrugated galvanised iron. The compound also contains several corrugated galvanised iron poultry sheds. The other hut is a timber building (moved from the female compound in the 1930s) and later used as stables. Adjacent to the coloured compound are remnants of the Anglican Church. Posts marking the boundary of the church yard survive and four of these posts are incorporated with wood carvings executed by a patient in the 1930s. The administrative zone contains an array of buildings including nurses quarters (1926), matron's quarters (1948), superintendent's quarters (transferred from Stradbroke Island in 1907), medical officer's quarters (former Army hut relocated in 1948), powerhouse (1948) and several sheds. There are also remnants of the kitchen, and other staff buildings. The treatment zone comprises the surgery (1925 with additions in 1947), and remnants of the hospital (1937) and dispensary. The perimeter zone includes an incinerator, rubbish dump, pump house and cemetery. Remnants of 'holiday' huts built by patients are found elsewhere on the island.
|Element Name
|Peel Island
|Design Period
|1870s - 1890s Late 19th century
|Construction Period
|1873c - 1940s
|Place Components
Chicken coop/Poultry shed
Residential accommodation - staff quarters
Pump house
Engine/Generator shed/room / Power supply
Dump - rubbish
Slab/s - concrete
Theatre - operating
|Images and Maps
|Create a Web Map
Information about places in the Queensland Heritage Register is maintained by the Department of Environment and Heritage Protection (EHP) under the Queensland Heritage Act 1992. Information available here is only part of the full Register entry and should not be taken as an official entry. Absence does not mean a particular place is not in the Register.
Certified copies of the full entries in the Register are available for a fee.
You can also search the full Register for a fee to find out if a place or parcel of land is listed or otherwise affected by the Act.
Last updated: 15 March 2013