A federal judge in Florida has granted the PGA Tour's motion for summary judgment and dismissed instructor Hank Haney's lawsuit against the tour, in which he alleged that it pressured SiriusXM Radio to suspend him and then terminate him from hosting his radio show after his controversial comments about women's golf.
Haney, who is best known for working with Tiger Woods, sued the PGA Tour in federal court in Fort Lauderdale in December 2019, alleging tortious interference with contract and tortious interference with business relations.
The PGA Tour's lawyers asked the judge to dismiss Haney's lawsuit in February 2020, alleging that he failed to prove that the decision to fire him was "based on anything other than [the radio network's] own review of Haney's racist, xenophobic, and sexist comments about the LPGA and its players."
"As the Court remarked at the outset of this matter, the allegations teed up in this case -- like a well-hit drive on the golf course -- [have] avoided pleading hazards . . . remained in bounds, and left Plaintiffs with an opportunity to take their next shot," U.S. District Court Judge Rodolfo Ruiz wrote in his ruling. "However, Plaintiffs' next shot has not fared as well as their opening drive. In an effort to reach the green and get this matter to trial, Plaintiffs' approach has found the water. And the Federal Rules of Civil Procedure do not provide for mulligans. ... Plaintiffs' round has come to an end."
Haney was originally suspended from his radio show in May 2019 for what the PGA Tour and SiriusXM said were insensitive comments about women's golf.
While previewing the 74th U.S. Women's Open, Haney said, "I'm gonna predict a Korean [to win]. ... That's gonna be my prediction. I couldn't name you, like, six players on the LPGA Tour."
Haney continued: "Nah, maybe I could. Well, I'd go with Lee. If I didn't have to name a first name, I'd get a bunch of them right."
After noticing criticism on social media, Haney apologized during the show and later issued a formal apology for his comments, in which he wrote, "[I] made some comments about women's professional golf and its players that were insensitive and that I regret. In an effort to make a point about the overwhelming success of Korean players on the tour I offended people and I am sorry."
Ruiz ruled that Haney failed to establish that any alleged interference by the PGA Tour was unjustified, and that the Tour had the right to protect its economic and business interests in its dealings with SiriusXM. The court also ruled that the tour didn't act with malice.
"Rule 9 of the USGA Rules of Golf states a key principle of the game: 'play the ball as it lies,'" Ruiz wrote in the ruling. "In other words, absent a few exceptions, players cannot improve their position by simply moving the golf ball. Here, under Rule 56, the Court must similarly take the evidence as it lies in the record. And that evidence makes clear that Plaintiffs are unable to establish the necessary elements of their claims."