One-legged golfer sues council-run course for discrimination

Slab

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As with all civil law it comes down to reasonableness which is undefinable until someone goes to court.

Is it reasonable to prevent someone with a disability from using a buggy because they don't have a doctor's certificate? That's the question the judge ill essentially rule on, helped with other case law.

For me (although the judge may disagree) conditioning their disability policy on the production of certificate is not reasonable, if he had lost it, or just gone out for a quick 18 and forgotten it then the course policy stops him from playing

Good summary

In the absence of a medical cert what would it be reasonable for the club/council to do (not looking to argue as I think you've nailed the case) just can't think of the alternatives


Edit: If it makes any difference, he seems to be calling it equipment while the council are calling it transportation
 

Tashyboy

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Once again common sense would have been the winner here. Asking for a doctor's note to explain his missing leg when you can clearly see his prosthetic one with your own eyes. Incredible stupidity.
This all days supports the phrase “ coz mmon sense aunt that commitment n after all”. But the important witd is council. They are a law unto themselves.
 

JollyRedDevil

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It actually says in the article that
"Paul says he explained that he had his own insurance, a European Disabled Golf Association card, and a medical exemption, but the club insisted that he needed a letter from a doctor to justify the use of a buggy. "
 

jim8flog

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If you want to use a buggy to play in competitions where I play then you have to provide a certificate from a suitably qualified medical person or provide a letter from your home club stating that you have provided such to them.

We have no such requirement for social play.
 

jim8flog

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I'm struggling to understand why the course has an issue with someone using their own buggy, own insurance, for a social game. Where is the issue with that? I must be missing something there.

I know of quite a few courses in our area that do not let you use your own buggy but you can hire one of theirs. It's all about the money for them.
 

Hobbit

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It actually says in the article that
"Paul says he explained that he had his own insurance, a European Disabled Golf Association card, and a medical exemption, but the club insisted that he needed a letter from a doctor to justify the use of a buggy. "

Sounds like the council guy didn't use an ounce/gram of common sense. The obvious "out" for the council guy would have been to say "yes you can play but can you provide a letter from your doc for next time." Its a box ticking exercise but at least it would have been a win-win.
 

Imurg

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And, once again, golf makes itself look ridiculous to the outside world........
The game must be running out of feet to shoot:rolleyes:
 

drdel

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I'm wondering if the Club wanted to ensure that they were absolved from any liability should he hurt himself on the course. The doctor's note might have verified he was able bodied enough to play golf and did not present a risk to others or himself.

The guy could have just got the 'note' and everyone would have been satisfied.
 

road2ruin

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The guy could have just got the 'note' and everyone would have been satisfied.

From what I gather he was only told about this requirement once he’s arrived at the course so how was he supposed to do this only a few moments before the tee time.

A jobsworth getting ideas above his station, a PR disaster for the course.
 

Slab

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It actually says in the article that
"Paul says he explained that he had his own insurance, a European Disabled Golf Association card, and a medical exemption, but the club insisted that he needed a letter from a doctor to justify the use of a buggy. "

yeah you'd like to think things like this would suffice, although to be fair it doesn't say he showed them to the council chap or if he even had these things with him on the day
(I could say I have a pic of Tashyboy with a naked top lip... doesn't mean I really have one!) :eek:
 

Bunkermagnet

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Knowing there’s 2 sides to every story, perhaps the council employees have been told that for their insurance purposes that the doctors cert has to be produced with no exceptions.
I fully see the lack of common sense point, but I can also see why the employee and council asked for the cert.
 

Fade and Die

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I’m not sure , but I think that although the course is council owned , it may be run by another company .

Yes the course is council owned and maintained but the private onsite golf shop takes the bookings and green fees for the council.

The guys in the shop are normally very helpful so I’m surprised if it was them causing a fuss.

Incidentally there are no buggies at Hartswood so maybe they was worried about lack of proper paths etc? Having said that the whole course is on public land so he could legally ride where he likes!
 
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