Disabled Golfer wins Test Case

A Club member who suffers from Multiple Sclerosis won a test case against his local Golf Club , Swinging Hills, who refused to allow him to use his motorised three-wheeled buggy on the course. The Club had claimed that the layout and landscape of the course was unsuitable and unsafe for buggies but Vernon Roper, who insisted that he needed his buggy to get round the course had his case taken up by the Disabilities Rights Commission.

The Judge at the one-day hearing said that this was an "unusual and important" case and that the Club’s "blanket ban had been the easy option". He added that "This legislation is the will of Parliament and that the rest of us who do not suffer disabilities would provide facilities having closer regard to the question of discrimination". He decided that "There has been discrimination. It is unjustified and the claimant is entitled to relief from the Court". The Judge gave the Club one month to formulate a policy that would allow disabled golfers to use buggies on the course in appropriate weather conditions. The decision to ban buggies had been taken by the Club’s directors. The question of the provision of a buggy road was considered when the course was designed but it was decided that there was insufficient land available. Mr Roper’s counsel said the Club’s health and safety fears about bridges, slopes and water features had been ‘spurious’.

This decision could present a problem to a number of other similar golf courses and Secretary/Managers should be aware of the implications. This course was not excessively undulating and further cases may be necessary on different types of courses before a specific ruling can be given. At present there is a conflict of interest between the Health and Safety Act and the Disability Discrimination Act and this needs to be urgently resolved.