John Daly withdraws from Open Championship

Devilinside

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Dec 30, 2010
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@GAPP I think the Americans w/Disabilities Act is a quite valid talking point, and obviously has already triggered dialogue here...

OFC
May be a valid talking point, but certainly not a valid legal point. The statute was not intended to give allegedly disabled people a competitive advantage over those who are not disabled.
 

Devilinside

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GAAP you raise interesting points my friend.

OFC
1. no. Shorts may be worn in USGA events. Long pants are required by the PGA for image reasons.

2. no.

3. I suppose that if all players, and not just out-of-shape ones with bad knees, could have motorized carts when the game began, it would be OK today unless the tournament rules prohibited them.

4. No. Not within the purposes of the act to enable people to compete in sports by providing them a competitive advantage over other competitors.
 

gottagonow

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This was a talking point back in May at Bethpage when he was allowed to take a cart at the PGA Championship. I disagreed with that call, and I'm happy to see he's not being allowed to use a cart at The Open. All of us sympathize with his situation....but walking the golf course is an integral part of play at any tournament, IMO.

https://www.espn.com/golf/story/_/id/27153709/daly-denied-use-cart-pulls-open
I strongly sympathize with John Dalys medical condition but if its bad enough to require him to ride in a cart he should probably apply for disability. Of course thats not going to happen because the most he would get is about 32 K per year disability verses what he makes now which is probably a few million per year. I used to be almost as fat as Daly but was in decent condition for a fat person and when I played golf and walked in hot weather I was exhausted after 18 holes. A cart for him is a definate advantage over the other players even though they are in much better shape. Someone above said it might be time to hang it up and I agree.
 
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Devilinside

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https://www.law.uh.edu/healthlaw/perspectives/Disabilities/010831CaseyMartin.html. I very sheepishly confess that my pontification about the likely legal inapplicability of The Americans With Disabilities Act to Daly's situation was very wrong. A brain cell fired unexpectedly today and reminded me of Casey Martin who sued the PGA under the ADA and won in the United States Supreme Court. So, in America, according to the Supreme Court, if a tournament won't let a disabled person use a golf cart, it must have a better reason than that it is just unfair to other competitors or is not traditional. Of course, the Martin case has no precedential value in Great Britain. My bad.
 

hart2chesson

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Oct 13, 2012
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https://www.law.uh.edu/healthlaw/perspectives/Disabilities/010831CaseyMartin.html. I very sheepishly confess that my pontification about the likely legal inapplicability of The Americans With Disabilities Act to Daly's situation was very wrong. A brain cell fired unexpectedly today and reminded me of Casey Martin who sued the PGA under the ADA and won in the United States Supreme Court. So, in America, according to the Supreme Court, if a tournament won't let a disabled person use a golf cart, it must have a better reason than that it is just unfair to other competitors or is not traditional. Of course, the Martin case has no precedential value in Great Britain. My bad.

No problem DI. In fact its very informative on your behalf to note this. I was unaware Casey had gone that route, although I remembered his case. Thats very honorable of you to mention, and have great respect for your views. Hey we may disagree on things sometime, but at the end of the day we're ALL under the big DUKE UMBRELLA! Have a good one! OFC
 
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GAAP_rivals

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https://www.law.uh.edu/healthlaw/perspectives/Disabilities/010831CaseyMartin.html. I very sheepishly confess that my pontification about the likely legal inapplicability of The Americans With Disabilities Act to Daly's situation was very wrong. A brain cell fired unexpectedly today and reminded me of Casey Martin who sued the PGA under the ADA and won in the United States Supreme Court. So, in America, according to the Supreme Court, if a tournament won't let a disabled person use a golf cart, it must have a better reason than that it is just unfair to other competitors or is not traditional. Of course, the Martin case has no precedential value in Great Britain. My bad.
Interesting. Thanks for sharing.
 
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