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San Francisco, California, March 9, 2006
Two individuals, who filed a class action lawsuit on behalf of golfers with mobility disabilities against Ocean Colony LLP, the owners of Half Moon Bay Golf Links, and the hotel conglomerate, Marriott International Inc., have announced a settlement with Ocean Colony. As part of the settlement, Ocean Colony has agreed to provide two accessible golf carts at the Half Moon Bay Golf Links.
Accessible golf carts are much like cars and vans that are modified for people who have limited use of their legs. They are operated using hand controls, and have seats that rotate and tilt, allowing a golfer to swing and strike a ball from the tee, the fairway, and putt on the green while remaining seated in the cart. A list of courses that provide accessible carts can be found at www.mobilitygolf.com.
Plaintiff Lawrence Celano, a returning combat veteran who was rendered paraplegic after he was shot during the U.S. invasion of Panama, took up golf as a hobby and a form of rehabilitation from his injuries. Celano expressed great pleasure with the settlement. “Ocean Colony recognized that there was a gap in their services and they wanted to make sure that all people could also enjoy playing golf on their courses. I’m happy they moved so quickly to remedy the situation. I hope this settlement will encourage other golf courses to follow suit.”
Richard Thesing, who is an avid golfer and San Mateo County resident, who uses a scooter to get around added, “Golf is one of the few recreational activities that I really enjoy and am able to play with family and friends, but I need an accessible cart. I used to play Half Moon Bay’s Old Course before my disability progressed to its present stage and I have very fond memories of playing there.” Thesing is looking forward to reserving his tee time at Half Moon Bay in the near future. “I’m particularly excited about playing at the new Ocean Course (completed in September 1997). I’ve caught glimpses of it from Highway 1, but have never been able to play a round there until now.”
Lead attorney Mark A. Chavez added, “Ocean Colony should be commended for stepping up and doing the right thing here. It remains to be seen whether Marriott will respond in kind, or chose to fight a lengthy, and ultimately a losing battle.”
According to Kevin Knestrick, one of the attorneys representing the disabled golfers, the lawsuit is continuing as a nationwide class action against Marriott. “By refusing to provide accessible carts at its golf courses, Marriott is essentially saying, if you’re disabled, you can’t play at our courses. It’s a clear violation of the ADA.”
Plaintiffs are represented by Chavez & Gertler LLP and Disability Rights Advocates.
