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legalNEWS
A recent settlement of a federal lawsuit may mean
good business news for the manufacturers of golf
carts for the disabled and for the disabled golfers who
use them.
In 2017, suit was filed in the Northern District of Cali-
fornia seeking relief against the owner and manager of
Hiddenbrooke Golf Club, alleging that the club failed to
provide full and equal access to the disabled, in contra-
vention of federal and state law.
The defendants denied liability, a denial that carried
through to the consent order reached in the litigation.
The settlement provides in part as follows:
Hiddenbrooke agrees to make available at the Course
a ParaGolfer adaptive golf cart (“ParaGolfer”) within
six (6) months of issuance of the Order by the Court
approving this Consent Decree. This ParaGolfer will be
rented to disabled golfers consistent with the Course’s
practices of providing golf carts to able-bodied golf-
ers, including on a first-come, first served basis, kept
in good working condition in accordance with the
ParaGolfer’s manufacturer’s specifications and the
Course’s practices and schedule of maintaining carts
Consent Decree Requires
Golf Club To Provide
Specialized Golf Cart For
Use Of Disabled
for able-bodied golfers, and will be for the sole use
of the Course (i.e. it will not be lent out to other golf
courses). Plaintiffs acknowledge that training regard-
ing the proper use of the ParaGolfer may be required
by Hiddenbrooke as a condition prior to rental or use
of the ParaGolfer and shall not constitute a violation
of this Consent Decree and Order. Nothing in this
Consent Decree in any way restricts Defendants from
designating areas within Hiddenbrooke to be off-limits
to users of the ParaGolfer because of bona fide safety
concerns, such as areas of Hiddenbrooke that exceed
the manufacturer’s technical specifications.
Notwithstanding the defendants’ denial of liability,
the lawsuit and its settlement may encourage other
disabled golfers to seek accommodation from clubs
under law. It is important to note that Hiddenbrooke
is open to the public, which creates statutory rights
that may not extend to private clubs. For example, as
we discussed in 2017, a federal court in Massachusetts
denied relief sought by a local sportscaster, Bob Lobel,
holding that the Americans with Disabilities Act did not
require the private Woodland Golf Club to provide him
with a specialized golf cart.
MARCH 2019
45