Chronicling the high cost of our legal system
Posts tagged as:
“[T]he kiosks of the video rental giant Redbox are difficult, if not impossible, to use for those who are blind and visually impaired. The lawsuit says Redbox needs to change the technology in their kiosks so the visually impaired can rent movies too.” [KTRK]
{ 10 comments }
Lawmakers seem intent on depriving employers of any clear definition: “It is ironic that we have a much clearer means of identifying who is entitled to utilize parking spaces reserved for the disabled, you either have a government or company issued permit or you don’t, than we do making the potentially costly determination of whether an individual is disabled under the ADA or one of the state versions.” [Michael Fox]
{ 2 comments }
Agreeing with the Obama Department of Justice, a federal judge has ruled that New York City cannot create more taxicab medallions unless they are for wheelchair-accessible vehicles [AP]. The administration of Mayor Michael Bloomberg says full wheelchair conversion of the taxicab fleet, as demanded by litigants, would cost on the order of $900 million over five years. It would prefer to serve wheelchair patrons through a network that could summon specialized cabs on demand, but some of its adversaries dismiss that alternative as smacking of separate-but-equal.
Lawyer and author Philip K. Howard points out in a NYDN op-ed that the relief demanded
would require, over the next five years, that all 13,000 New York City medallion cabs be replaced by cabs that cost about $15,000 more – basically to have their frames cut and then stretched to accommodate a ramp and room inside for a person in a wheelchair. …
The larger taxis are generally about 800 pounds heavier and use about 20% more fuel – raising costs and polluting the air. Stretched taxis have harsher suspensions, and are therefore less comfortable for most users, as well as more dangerous (because they are less maneuverable and harder to stop).
See also NY1, WSJ, NYDN (DoJ weighs in on plaintiffs’ side); Matthew Daus/NYT; NYDN (editorial backing mandate), NY Post (opposing mandate); Capital New York (city files notice of appeal). Update Mar. 21: stayed pending appeal.
{ 26 comments }
Requiring a high school diploma of applicants for a given job may improperly screen out those with learning disability, according to the federal agency. I’ve got more at Cato at Liberty. Update: more from EEOC.
{ 16 comments }
{ 4 comments }
My new podcast at Cato discusses the American Psychiatric Association’s ongoing project of redefining and often loosening the criteria for diagnosing mental illness, and some of its legal implications in fields like disability law (earlier).
{ 2 comments }
{ 1 comment }
The EEOC’s press release is not entirely clear about the events giving rise to the dispute, but it appears that Georgia Power through its subcontractor requires that heavy equipment operators on a certain project be qualified to pass the federal Department of Transportation’s physical exam for truckers; that applicant Bryan Mimmovich cannot pass that exam because of his controlled epilepsy; and that the EEOC is now arguing that it is discriminatory for the employer to adopt the DOT physical requirements for the equipment operation job.
{ 14 comments }
As part of its revision of its influential Diagnostic and Statistical Manual, the American Psychiatric Association is proposing to lower diagnostic thresholds for some conditions and recognize other entirely new (and sometimes controversial) disorders. That will have implications for the coverage of the Americans with Disabilities Act and other laws, as I explain in a new post at Cato at Liberty. (& Alkon, Alex Adrianson/InsiderOnline)
{ 9 comments }
The EEOC says Comfort Suites dismissed the clerk when it should instead have accepted the services of a state-paid “job coach” who might have “helped the clerk learn to master his job by using autism-specific training techniques.” [EEOC press release, Fox San Diego]
{ 12 comments }
“Former National Basketball Association player Cuttino Mobley sued Madison Square Garden LP, parent of the New York Knicks, alleging that the team discriminated against him based on what it perceived to be a disability.
Mobley, who hasn’t played since the 2008-09 season, says the Knicks ended his career by having him declared medically ineligible to play because of a heart ailment, according to the complaint filed today in U.S. District Court in Manhattan.” [Bloomberg, NY Post]
{ 1 comment }
A Massachusetts federal judge has declined to throw out an ADA suit against Netflix demanding captioning of its streaming movie service, but “stayed the case pending rulemaking by the Federal Communications Commission.” [Qualters, NLJ] Relatedly, Arizona’s largest movie chain will install closed captioning and headset systems in all its outlets following an adverse ruling by the Ninth Circuit under the Americans with Disabilities Act (ADA). [East Valley Tribune, earlier] Meanwhile, following an audit negotiated in a settlement with the U.S. Department of Justice, “The city of Tucson may have to find an estimated $17 million to bring many of its facilities into compliance with the Americans with Disabilities Act.” [Star]
{ 6 comments }
“City officials in Denver and in the neighboring suburb of Aurora are being sued over their enforcement of dog breed bans. The suit claims the bans violate the Americans with Disabilities Act.” [Arin Greenwood, ABA Journal]
{ 3 comments }
New York: “A 290-pound diner claims the White Castle chain has violated the civil rights of its more sizable clientele by not following through on promises to make its tight booths bigger to accommodate their bellies.” [S.F. Chronicle]
{ 8 comments }
Old Dominion Freight Line, Inc., an interstate trucking company, doesn’t want to put drivers with a history of drinking problems behind the wheel, and has accordingly been sued by the federal Equal Employment Opportunity Commission for allegedly violating the Americans with Disabilities Act (ADA), under which alcoholism is considered a protected condition. I’ve got details in a new post at Cato at Liberty (& Bader/CEI, Lachlan Markay/Heritage, Fox News).
{ 17 comments }
Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.
Get your copy today! My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.