The Supreme Court and Golf

The Supreme Court and Golf

Baseball Quiz: 1) Who was the first to hit 40 home runs in each

league? 2) Who was the last A.L. player to hit 4 home runs in a

game? Answers below.

Casey Martin

I had to wait a few days before commenting so I could collect a

few thoughts from others first.and then figure out where I

stand.

I think most of us would be in agreement that Casey, because of

the severity of his disability, should be allowed to ride a cart

during PGA Tour events (if he can qualify, these days). But, at

the same time, I understand why the tour felt it had to defend its

position. And now, having digested the commentary of those in

the sport of golf and outside, I am convinced there will be big

problems down the road because of last week”s Supreme Court

ruling.

To refresh your memory, Justice Stevens, writing the majority

opinion (7-2…with Scalia and Thomas dissenting), said that in

the sport of golf, the walking requirement is “at best peripheral”

to PGA Tour events. And this from a man who is said to be an

“avid” golfer. The majority also claimed that golfers are

“customers,” which brings them under the jurisdiction of the

1990 “Americans with Disabilities Act.” [The ADA, in turn,

requires “reasonable modifications” for disabled people unless

such changes would fundamentally alter the place or event.]

The Supreme Court then ruled that “fatigue” is not a factor in the

sport of golf and that the anti-cart rule was not necessary to

preserve the “essential” character of the game.

Justice Scalia, a great American, has received more heat than

normal in this instance for his opinion. Here is some of what he

said.

“The professional golfers on the Tour are no more ”enjoying”…

the entertainment that the Tour provides, or the facilities of the

golf courses on which it is held, than professional baseball

players ”enjoy” the baseball games in which they play or the

facilities of Yankee Stadium. To be sure, professional

ballplayers participate in the games, and use the ballfields, but no

one in his right mind would think that they are customers of the

American League.”

Scalia also writes: “Nowhere is it writ that PGA Tour golf must

be classic ”essential” golf. Why cannot the PGA Tour, if it

wishes, promote a new game, with distinctive rules (much as the

American League promotes a game of baseball in which the

pitcher”s turn at the plate can be taken by a ”designated hitter”)?”

Bingo. Enter the Washington Post”s longtime political reporter

(and avid baseball fan) David Broder, who wrote this Sunday,

“Now it is just a matter of time before some smart lawyer seizes

on the Martin ruling to force the National League to adopt the

disastrous DH rule. The plaintiff will be some popular slugger

who has reached his 40th birthday. His hand-eye coordination in

the batter”s box is still superb. He knows the opposing pitchers”

every trick. But his legs will no longer let him field his position,

so he wants to DH. And, his lawyer will contend, the National

League rule against the DH discriminates against our aged

slugger by denying him access to the public accommodation of

half the ballparks in the land.”

And back to Scalia, the Justice received a lot of flack for this part

of his dissenting opinion.

“One can envision the parents of a Little League player with

attention deficit disorder trying to convince a judge that their

son”s disability makes it at least 25% more difficult to hit a

pitched ball.”

Oh, he”s so insensitive, cried many. But, c”mon, you know how

our society works these days. More from Scalia.

“The court guarantees that future cases of this sort will have to

be decided on the basis of individualized factual findings, which

means that future cases of this sort will be numerous, and a rich

source of lucrative litigation.”

Sportswriter John Feinstein writes, the Supreme Court seems to

be saying “that, say, a wheelchair-bound three-point shooter

would have the right under the ADA to play in the NBA if

someone wanted to use him. The NBA might argue that it was a

stunt – desperate teams have tried some odd things over the years

to bring in the fans – who”s to say?” [Remember Bill Veeck?]

On Saturday, CBS did a terrific job covering the topic with the

announcing crew on hand for the Memorial tournament (won by

Tiger). All were in agreement, including Lanny Wadkins, Gary

McCord, and David Feherty, that walking is an integral part of

the game and fatigue is a factor (if you know your golf history,

just think Ken Venturi), yet, while they also agreed that Casey

Martin should be welcomed on the tour and it wasn”t wrong to

make an exception for him, the PGA Tour had to defend their

rights, and those of the other players. Yes, it”s been a publicity

nightmare, but by making an immediate exception for Martin

back in 1997 when the issue first arose, they felt strongly they

would have been opening a can of worms.

The announcers, and folks like Feinstein, know what will

happen, sooner than later, because of this ruling. This isn”t about

Casey Martin. It”s about all the lowlifes (my word) who will

now take advantage of the USGA, specifically, and ask for all

sorts of exemptions while attempting to qualify for events like

the U.S. Open. There is no doubt that golf will quickly find itself

back in court. “My back hurts, I have a foot injury, I have

migraines.” As Feinstein put it, there is also no doubt that

someone among the existing tour membership will show up

demanding a cart. “That”s when it will start to get scary,” he

wrote.

This whole issue also goes to the heart of another matter; those

out there who don”t play golf, or never follow it, yet love to

crack that golf is not a sport. What pisses me off is that because

of this case, you have commentators, who normally converse on

issues of state, suddenly telling all of us what is and isn”t a sport.

Of course, you know where I stand. And I”ve been searching my

memory all weekend and, to the best of my recollection, the only

pro athlete from another sport who really made a serious attempt

at joining the PGA Tour was former quarterback John Brodie

(who did end up playing some senior golf, with extremely

limited success).

If golf was so easy, why haven”t great athletes been able to

transfer their success on other fields of play to golf? There you

have Michael Jordan, who sucked as a baseball player, having

the ability to pay for the best golf instruction in the world and

play everyday (as he does), yet he still sucks at golf as well! I

have the same beef with those who don”t think auto racing is a

sport.but that”s a topic for another day.

And, lastly, I have to mention CBS”s Jim Nantz, who heretofore I

viewed as Mr. Wishy-Washy. On Saturday, Nantz addressed the

issue of the shots that golf has taken these past few days and he

reminded all of us that the sport of golf has donated far more

money to charity than all the other major sports combined.

Actually, while he didn”t mention specifics, one needs to just

look at the St. Jude and Eisenhower medical centers, two of our

nation”s leading research institutions, as prime examples of the

huge impact golf has had outside the ropes.

So Casey, we all wish it hadn”t come to this, and we understand

why you fought it out. Hopefully, you can attempt to make it

back on tour as a regular and stick it out another few years. But,

as Scalia wrote, it”s incredibly silly that the Supreme Court even

felt compelled to take this case. Now watch what happens.

Country Music

Sales are absolutely plummeting, down some 23% in 2000 alone.

And country radio audiences in some places like Birmingham are

down about 75%! Record companies Atlantic and Virgin have

shut down their country labels. So why is this happening?

Experts blame the blurring of the lines between country and pop.

And, hard as it is for me to write this, sexy acts like Shania

Twain and Faith Hill have moved in on the traditionalists. It

turns out the real fans want a return to country”s roots. [But

there has to be compromise…I mean, we”re talking Shania!]

Actually, what I find pretty amazing is that Business Week

reports just 5 songwriters are putting out most of the new

material. Time to get out a Randy Travis record.

Imogene Coca

If you”ve just seen one or two of her tapes from “Your Show of

Shows,” you know that Imogene Coca, who passed away this

weekend at the age of 92, was perhaps the funniest comedienne

in television history. [Yes, I know Carol Burnett is right up

there, but Ms. Burnett learned at the foot of the master.] As

Robert McFadden put it in the New York Times, “(Coca”s)

eyebrow could rise to moronic bewilderment or descend to gold

digger torch time.”

Imogene Coca”s story was a true rags to riches one, as she grew

up traveling the country with her vaudeville parents. Then in

1949, she hit it big with partner Sid Caesar as “Your Show of

Shows” became by far the most popular television show on

Saturday nights from 1949-54. Coca was soon earning $10,000 a

week, and would later sign a $1 million contract with CBS for

her own show (which, unfortunately, lasted but one season).

Hank Ketcham

I can”t say I was a great “Dennis the Menace” fan. Hell,

Ketcham, who passed away at the age of 81, stopped drawing the

Sunday panels in the 1980s and weekday strips in 1994. His

assistants handled everything else since then. [See, the editor

will forever be devoted to the memory of Charles Schulz. Schulz

insisted on doing the whole strip up to his last days, at which

point he had an agreement that no one could carry on with

“Peanuts.”]

Nonetheless, Ketcham did have a 50-year run with Dennis, a

strip that was inspired by his own 4-year-old son. Alas, the real-

life son has had a rough time of it, having had major problems

growing up (Ketcham didn”t help matters any) and then suffering

post-traumatic stress disorder from his service in Vietnam.

Father and son didn”t communicate for decades, including at the

end.

Hugh Hefner

Well, after that downer, how about Hef?! But wait, maybe it”s a

downer for him as well. According to Richard Johnson and the

New York Post, Hefner is very upset at a report in Philadelphia

Magazine, which says that the robed one doesn”t have sex with

his girlfriends anymore, know what I”m sayin”? Playmate Sandy

said,…[Now before we go on, what follows was in a New York

tabloid. Any children reading this must quickly switch to

another site. Try Bloomberg]. “Instead, he liked the girls to

pleasure each other.” Hefner vehemently denies this. Hugh, it”s

alright. You”re 98 years old and all good things must come to an

end.

Personal Trainers

Not for nothing, but in this week”s Sports Illustrated there are

stories on the resurgent careers of golf”s Justin Leonard and

baseball”s Ryan Klesko. There is one common element to their

stories, and that is they owe a lot of their newfound success to

their girlfriends, both of whom are also personal trainers. A

lesson for us all.

Fred Couples

Actually, this was kind of a down week for the celeb crowd.

Couples”s first wife, Deborah, died last week, the victim of a

probable suicide. The only reason why I bring this up is

because any golf fan of the 1980s will never forget Freddie”s first

win and a rather sexy and excited Deborah leaping into his arms

on the 18th green. Later, the couple had a very public, messy

divorce, with Freddie claiming that Deborah was spending

$300,000 a year on polo.

Steve Rushin

Writing of his summer plans, the Sports Illustrated writer

included the following:

“I will wait for the NBA Finals to conclude this summer in some

oppressively hot city. As celebrating citizens light up the night

with gunfire and blazing cars, I will watch the 10 o”clock news

and be glad that I don”t live there.”

Top 3 songs for the week of 6/6/70: #1 “Everything Is

Beautiful” (Ray Stevens.I shouldn”t admit this, but I like this

song) #2 “Which Way You Goin” Billy?” (The Poppy Family)

#3 “Love On A Two-Way Street” (The Moments)

Baseball Quiz Answers: 1) 40 HR in each league: Darrel Evans

(Atlanta, 41 1973 and Detroit, 40…at age 38…1985) Of course

McGwire and Griffey Jr. have also accomplished the feat.

2) Last A.L. to hit 4: Rocky Colavito, 6/10/59 for Cleveland

against Baltimore. Mark Whitten is the last major leaguer to hit

4, accomplishing the feat in 1993 with St. Louis, a game in

which he also drove in 12.

*Last Friday, I forgot to mention that Red Ruffing, the former

Red Sox and Yankees pitcher, also hit 36 career homers, just two

behind record holder Wes Ferrell who clubbed 38.

Next Bar Chat, Wednesday.