These are the last few days to visit the oddball eating establishment before it moves to more conventional and less cramped quarters precipitated by an ADA lawsuit [Sacramento Bee]
These are the last few days to visit the oddball eating establishment before it moves to more conventional and less cramped quarters precipitated by an ADA lawsuit [Sacramento Bee]
13 Comments
[comment removed at request of original commenter]
Deerdorn:
Is the nature of your disability mental?
Sometimes on this site we discuss not only the clear readings of the law but the philosophy of the law , the intent of the law and the failings of the law.
One of the reasons offered for passing the ADA was to promote compassion and people here and elsewhere have expressed the view that we are happy to do many things out of compassion that we would resent were we required by the law. However, it is good to see that Deerdorn has not resorted to this argument, but has simply stated that it is the law and we are obliged to obey it, willy-nilly.
I don’t find much intellectual force in Deerdorn’s argument, but there is no disputing that the law can be used to oppress anyone who opposes it . In addition, Mr. Deerdorn offers in such a charming manner, who could possibly gainsay him?
Bob
For those of you who aren’t feeling the love yet, here’s a Twitter post from Andrew Imparato, head of the American Association of Persons with Disabilities:
And a bonus from @terriohare:
Walter, you sure are loved. Have you felt the rays of love?
So as Deerdorn argues, ADA should be used to suppress any and all creative expression (in this case a “quirky restaurant”) regardless of the form it takes as long as it clashes in some way with what disabled people believe they are entitled to. Seems like the basis for a healthy authoritarian society to me. Maybe, like the rest of society, Deerdorn should be prepared to make a compromise, like say, avoiding the restaurant, instead of trying to spoil the fun for everyone else. Everyone has to make compromises in their lives so why shouldn’t you, Deerdorn?
Has anyone ever noticed this oddity: In order to include the disabled in many things, rules that used to apply to all EQUALLY….now do NOT seem to apply to the disabled; in other words, there are two or more sets of rules: One for the non-disabled, and one or more for the disabled.
Hmmmm….discriminatory against the non-disabled, or not?
Plainly, “Deedorn” and Mr. Imperato don’t “get it” when people have problems with and/or suggestions to change the ADA. I would challenge both of them to answer the following (short answers, no links if possible):
1. What is a disability?
2. What is NOT a disability?
3. Do you consider the following “disabilities”:
a. Vision of 20/800 and 20/400 in the eyes.
b. Over weight or obese.
c. Anorexia.
d. Lateness for work or school on consistent basis.
e. Use of illegal drugs.
f. Underage drinking.
g. “Sick building syndrome”.
h. Apparent allergies, to such as peanuts, carbon paper, electromagnetic signals (and power lines), and perfumes & deodorants.
i. “Comfort animals” vs. allergies.
j. Contagious diseases (i.e. “swine flu”).
I am sure there are many more those on this site have either seen, heard, read, or been involved in over the years.
By the way, just a note on each example (and I stand corrected if Overlawyered’s members or those in charge do find something to correct, help is appreciated):
a. and b. are actually both….. me (!).
c. involves numerous examples, from Karen Carpenter to female gymnasts.
d. has been used by an employee to try to avoid being fired.
e. had a man who was fired by a aerospace company for drug use try to use the ADA to claim that illegal drug use was a “disability”.
f. was an underage Illinois basketball player, kicked off his high-school team, who tried to use the ADA to get back on the team (alcoholism as a protected class, even though illegal).
g. was a case in Westchester County, New York, where an $800 million lawsuit under the ADA was filed–even though the state ADA compliance officer said the county did everything right.
h. How many example do we need for these “allergies”?
i. Always a question I had: If a “comfort animal” is brought into a store where the owner or employees were allergic to that animal, which takes priority?
j. came up as a question of could a hotel (IIRC) refuse to rent a room to someone with, say, swine flu or bird flu–thereby possibly not being able to protect the other residents or patrons of the hotel?
And we could go on, and on–what is “reasonable accomodation”? What is a “disability”? When does the rights of a property or business owner override the ADA? How does someone who never goes into an establishment….then sue that establishment under the ADA (and no, they never went inside–not due to some impediment getting into the building or property)?
Deedorn, Mr. Imperato…..do you see how frustrating this is, not just to owners and landlords, but to the everyday person???
I am all for equal access for the disabled. They can park in the back of the parking lot with the rest of us.
In a way I feel sorry for Deedorn. You don’t have to be a psychiatrist to realize that the attitude displayed by Deedorn is not a healthy one. Rather than realizing that his disability is no one’s fault, he has let the existence of his disability fester to the point where he feels it necessary to take out his frustrations on the non-disabled. Thus he views the ADA act not as a law that will give him more access but as a club that he can used to beat the non-disabled with. I would suggest that he seek professional help for his inability to adjust to his limitations.
Deedorn:
You made me giggle.
I actually know the owners, and used to regularly get a “squeezeburger” for lunch. The place was always a shack, with space for maybe a dozen diners. A mom-and-pop operation all the way.
Question: Was it really necessary to sue? Couldn’t the plaintiff find some other burger joint to patronize? But of course that’s irrelevant – you don’t need a good reason to sue, or any reason at all. You just need to be able to pay the filing fee.
Access is Equality. If a person with a disability in a wheelchair can’t get into a restaurant and sit at the lunch counter and enjoy a meal the result is no different than hanging a sign in the window “Whites Only, No Colored”. We send young men and now women to war to protect the citizenry and our civil rights and our safety and they return with horrific disabling injuries loss of limb, confined to a wheelchair and this is how we welcome them home and back into society? And you want to welcome them home with,”Tough, too bad, go away, stay home, you shouldn’t be entitled to enjoy the same equality and access and benefits and enjoyment as other in society”? It doesn’t take much to make a bathroom door accessible or a bathroom accessible or to comply with access laws like the ADA. It doesn’t take much to widen a bathroom door or install a ramp or put in a handrail or to comply with the things in the ADA that make life a bit more equal for the 50+ million disabled americans and disabled veterans and the elderly,,, the things you can’t comprehend that you take for grated and respond to with hate. The door 36 wide, the handrail in the bathroom, the curb cut you use. There are dollar for dollar tax credits and all sorts of incentives to make it happen and if a business is deemed a financial hardship then other remedies can be found. Funny how whenever a group strives for equality it spurns hate. Get over your myopic ignorance and hate. It will just rot your body, mind and soul and eat you up. Smile. Equality for ALL>And just remember Karma’s a beotch nand Disability is a minority YOUcan join at any moment.