Pga Torn Between Compassion, Tradition Tour Takes Tough Stance Against Its Likeable Foe In Martin Trial

More than once in the highly publicized trial in U.S. Magistrate Thomas Coffin’s courtroom, defense attorneys have shaken the plaintiff’s hand as they pass his table on the way to theirs.

And more than once, defense witnesses interject that they have immense respect for the plaintiff before testifying that his demand would destroy the integrity of their sport.

Those moments serve to heighten questions behind Casey Martin’s lawsuit. He wants to ride a motorized cart when he plays in professional golf tournaments on the Nike Tour, sponsored by the PGA Tour.

Why is the PGA Tour in court against a 25-year-old whose boyish looks and limp due to a debilitated right leg make him an All-American in terms of public appearance and empathy, as well as carrying that credential from his golf career at Stanford?

And why is Martin, who has been golfing since the age of 6 when his father fashioned cut-down clubs for him, bringing this suit now?

It is a convergence of three factors:

Martin’s loss of bone and muscle in his right leg is worsening to a point where he and doctors say they don’t know how long he can play in pro competition, even using a cart. He faces an increasing risk of leg fracture and possible amputation.

Although his condition is deteriorating, his game has never been better. By averaging 71 for six rounds at last season’s qualifying tournament, he earned his first inclusion on the Nike Tour. His score missed by two strokes getting him exempt status at the next and highest, level of pro golf, the PGA Tour. Then he won the Nike Tour’s first tournament, the Lakeland Classic.

The PGA Tour changed its rules for that qualifying tournament just before Martin entered. It eliminated an earlier provision that had allowed carts in the final round in previous years. Martin had to get a temporary injunction to use a cart. He has played in tournaments since on that temporary ruling, and now seeks a permanent injunction.

The plaintiffs wrapped up their case last week. It was highlighted by a tape showing how thin and atrophied Martin’s right leg is, and how quickly it becomes discolored and swells with blood at the knee when he removes two full-leg compressing stockings. It also was highlighted by Martin’s day on the witness stand.

The defense is expected to complete its arguments this week. Key witnesses expected are Dr. Frank Jobe, to counter a physiologist’s testimony last week minimizing the stress and fatigue caused by walking four rounds on a golf course; and PGA Tour Commissioner Tim Finchem. He will punctuate the defense argument that granting cart use to any player and not to others - regardless of disability - makes the competition unfair because of the fatigue factor and undermines the integrity of PGA Tour rules.

Two secondary issues argued at length last week are whether Martin, who is suing under the Americans with Disabilities Act, is a PGA Tour employee or an independent contractor, and whether PGA Tour competition is comparable in any way to the Senior Tour, which permits use of carts in its field of older golfers.

If Coffin determines that the PGA Tour is Martin’s employer, it can be held to stricter employment-discrimination standards. If not, discrimination is a public-accommodation issue and harder to prove.

In making a case that the PGA and Nike Tour golfers are private contractors rather than Tour employees, defense attorney William Maledon elicited from PGA Tour-sponsored Nike Tour player Eric Johnson, a witness for Martin, that he pays his own expenses, signs individual contracts with equipment manufacturers and sponsors and is not required to play all events.

The Senior Tour debate produced some awkward, if humorous, moments for defense witnesses pressed to be specific on why that competitive, lucrative tour can use carts while the PGA and Nike Tours can’t.

Economics is the reason, said Richard Ferris, chairman of the PGA Tour policy board.

“If we didn’t have carts, we wouldn’t have senior players on the tour,” he said. “It helps us economically.”

In testimony videotaped for the trial, Jack Nicklaus, who now plays in both PGA Tour and Senior Tour events, said the latter is “more of a ceremonial tour, not at the highest level of golf.”

Ken Venturi, CBS Sports golf analyst and former pro, put it bluntly. He said Senior Tour players get carts because “they’re old. It’s not the top drawer. It’s a bunch of seniors getting together, having a good time, making a million dollars.”