The NCAA’s Initial Eligibility Requirements and the Americans with Disabilities Act in the Post-PGA Tour, Inc. v Martin Era: An Argument in Favor of Deference to the NCAA

In 1990, Congress enacted the Americans with Disabilities Act (the “ADA”) to eradicate discrimination against individuals with disabilities. In 2001, in PGA Tour, Inc. v. Martin, the U.S. Supreme Court interpreted the ADA to prohibit a professional golf association from denying a golfer with a disability the use of a golf cart during competitions, despite a rule requiring all competitors to walk the course. The Martin decision has sparked questions regarding the application of the ADA, including its application to the initial academic eligibility requirements of the National Collegiate Athletic Association (the “NCAA”). This Note examines the impact of the Martin decision on future ADA claims challenging the validity of the NCAA’s initial eligibility requirements. Specifically, after examining pre-Martin ADA claims against both the NCAA and academic institutions and comparing two courts’ interpretations of Martin, this Note argues that in future cases challenging the NCAA’s initial eligibility requirements, courts should interpret Martin to provide the NCAA as much deference as courts continuously have granted to academic institutions.