Legal Challenges Around America’s Fastest-Growing Sport
Pickleball, a hybrid sport combining elements of table tennis, badminton, and tennis, was invented in 1965 in a backyard in Washington State. By 2024, over 40 million Americans were actively participating at over 14,000 venues with courts. Since 2021, it has been uniformly considered the fastest-growing sport in America by the sports and fitness industries. It seems as if the advent of the COVID virus in 2020 served as a catalyst for the sport’s popularity and growth, which presently appears to have no end in sight. With such a meteoric rise in participation, it is no surprise that some unanticipated legal issues have also arisen.
A Noisy Pursuit
The game is much like tennis but on a much smaller court; in fact, four pickleball courts can fit on an existing tennis court if it is retrofitted, resulting in a significantly higher density of players. Pickleball courts can be found at schools, colleges, municipal parks, and tennis clubs. Many of these facilities, whether they are converted tennis courts or newly constructed pickleball courts from scratch, are within close proximity of residential neighborhoods. As pickleball racquets and balls are made of hard plastic, the distinctive acoustic profile often reaches up to 70 decibels, 30 decibels higher than the average tennis ball. This has resulted in many claimants stating that 8 to 10 hours a day of incessant pickleball noise decreases the enjoyment of their own properties. Residential neighbors have likened the constant high-pitched pops and chatter associated with game to that of machine gun fire or shrieking animals.
Some plaintiffs went so far as to assert that the pickleball activity also contributed to individual health concerns caused by the steady noise. Lawsuits have been brought as public nuisance cases against municipal entities such as cities and towns hosting courts. Additionally, affected individuals have the right to sue tennis clubs and private companies for monetary damages if they are the owners of the facilities where the pickleball courts are located. Some of these unanticipated consequences could have been alleviated or avoided entirely with proper planning in advance. Noise consultants around the country have recommended the installation of devices such as noise absorbing barriers and have also indicated that pickleball courts should not be constructed within 600 ft of any residential neighborhoods. By locating pickleball courts in an industrial or commercial area, the public nuisance aspect of the courts and their activity can be reduced or eliminated.
Safety Concerns on the Court
An additional legal issue arising with the proliferation of pickleball courts deals with the injuries associated with play. Hospital emergency departments across the country have indicated that the number of fractures from people playing the game is on the rise, and statistics indicate that as much as 87% of those individuals incurring fractures from playing pickleball are over the age of 60. Additionally, a greater number of women than men are sustaining these fractures, which seems to be correlated to the bone density health of older women. These statistics confirm that a large and increasing number of older Americans are playing the game of pickleball, and they are far more susceptible to fractures and cardiac events than younger people playing the game. In fact, my 83-year-old mother was playing pickleball, and one of her doubles’ opponents had a massive cardiac arrest on the court, which required a defibrillator to be brought to the court and activated to save the player’s life.
So, the question next arises, what duty of care must the public and private courts take to ensure the safety of the participants? For instance, are venues required to keep a defibrillator on hand to accommodate the large number of players who are likely to be older adults with a greater chance of having a cardiac issue while engaging in this athletic activity? Also, is there a requirement or a duty for the owners of these courts to ensure the conditions of the courts are such that those playing are not likely to fall and injure themselves. Is the lighting sufficient? Is the court level and free of debris? Are there any holes or cracks in the surface that create a tripping hazard? Obviously, these questions will be answered by the Courts over the coming years as lawsuits continue to be filed and sort themselves out.
Balancing Fun and Responsibility
My current recommendation is that more time and effort be invested in strategic planning as to where to locate pickleball courts and how to regulate their operation. Implementing sound attenuation measures like acoustic barriers and court design modifications, as well as evaluating the maintenance and operation of the courts to ensure injuries can be avoided or addressed quickly, can foster an environment that supports the enjoyment of pickleball.
Frank Henisse Countess
Shareholder | Attorney
Read Frank’s Bio Page in full HERE.
