Accommodation Elimination?

By Thomas Coffin

I’m sorry I’m on a rant these days, but we can’t sleep through Trump’s nightmare. Diversity, Equity, and Inclusion are now forbidden speech in Trump world, and among his targets are disabled people. Reasonable accommodations for the disabled may well be on the chopping block.

Remember the disabled golfer who couldn’t walk the course but could put the ball in the hole if he could use a cart to get to his ball? Yes, Casey Martin (the current golf head coach at the University of Oregon) could drive the ball but was born with a disability making it difficult to walk for extended periods of time, and he needed an accommodation to navigate the course and address his ball. The PGA denied his request.

He sued the PGA and landed in my court. I listened to all the evidence and made the finding that using a cart gave him no advantage in making his shot but was a reasonable accommodation that let him get to his ball. In other words, golf rules cannot overrule legislation to accommodate the disabled if such did not confer an advantage to the player but only allowed him to participate in the competition. The PGA appealed all the way to the Supreme Court, where in 2001 the Court agreed with my decision by a vote of 7 to 2. Martin was thus allowed to pursue his professional career with the accommodation of a cart in place of his leg. The evidence was clear that while allowing him to play the game, such gave him no advantage in the competition.

Such inclusionary accommodations are reasonable and important in allowing the disabled to be gainfully employed, actively participate in their jobs and avocations, and overcome limitations to the extent possible. Cancelling accommodations is a drastic setback and would deny many disabled people the opportunity to participate meaningfully in our society.

In addition, any refusal to accommodate is discriminatory; reasonable accommodations are the law, not in any sense a “handout “or an undeserved expense in the budget. Providing accommodations is what government should be doing for its people rather than labeling accommodations as “woke” philosophy.

Government is for all the people, not just the able bodied or privileged.

For more info, please see RIP DEI? The war on ‘woke’ America has a new commander-in-chief.

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Thomas Coffin retired after 51 years of service in our federal justice system. His comments are written strictly and solely from his private status post retirement.

Posted 12.11.2024