If anything, you'd think that the constant attempts to find loopholes in
civil rights laws (like the ADA) would show that laws do very little to
change the prejudices and injustices inherent in our society. People with
the ability to do so will find ways around compliance because they don't
understand the spirit behind all these good-intentioned laws -- to redress
inequity. Without changing the underlying prejudices, laws can only provide
limited opportunities for change. They also leave us at the whims of
congress, courts, etc. Just something to think about.
Tracy
-----Original Message-----
From: * EASI: Equal Access to Software & Information
[mailto:[log in to unmask]]On Behalf Of Rudy Caris
Sent: Thursday, December 28, 2000 11:06 AM
To: [log in to unmask]
Subject: Re: Wheelchair accessibility
Without resorting to emotionally based, and groundless
inflammatory rhetoric, induced by unfounded politically
inspired rumor, consider this:
Our country was founded under the concept of due process
according to the Federal Statute, derived from the
Constitution for the United States, patterned under the
Feudal System of the Britons, based on the Magna Carta,
and deeply rooted in the Human Rights tenets of the Holy
Scripture. And hence, “our inalienable rights are
derived from God.” And visibly recognized by the
inscription of: “In God we Trust.” Indelibly imprinted
on our coinage and emblazoned on our paper currency.
Notice the absence of tanks and armed troops in the
streets during the last presidential election. For this
we can thank the fact that this is still a country based
on law formulated under the principle of DUE PROCESS of
the Constitutional Common Law. The Federal Statute and
each and every one of the State Codes, County
Regulations, and or City and District Ordinances require
any person or entity to discuss pending disputes under
the Rule of “Meet and Confer.” This is the basic
principle we operate under.
In all cases of whatever dimension or significance, we
are required to first attempt to discuss the issues in
dispute with the Principals of the case, who are the
real parties in interest: Whether it is a “church or a
civic or fraternal organization.” Failure to follow
this guideline, will come back to haunt us in any
following judicial proceeding.
But more importantly in this instant situation, refusing
to do this will severely damage and hurt MANY DISABLED
PEOPLE later on in subsequent situations of a similar
nature that might arise, as inadvertently an adverse
legal precedent to our cause may be set.
Good intentions are just not enough.
Rudy
> To approach a "church" or "service club" to resolve the situation sounds
> like people are letting the law develop less teeth.
>
> If it's law, then, make it stick. Or, is this the dawning of the
> rumoured George Bush / anti-ADA era?
>
> Jim
>
> ----- Original Message -----
> From: Ruth Burchell <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, December 27, 2000 8:54 PM
> Subject: Re: Wheelchair accessibility
>
>
> | Lynn,
> |
> | Contact the County Court Administrator. They are
> | generally responsible for disability affairs. But if
> | the county obsolutely does not want to do anything
> | about this situation that they may well be responsible
> | for, perhaps you could try the following.
> |
> | As a Disability Advocate, negotiate with the church
> | for the modifications (doorway, ramp, and so forth).
> | Do some homework beforehand and show them how they can
> | benefit by complying with the ADA and show them how
> | they can improve their property by obtaining a grant
> | or access other sources for the funds so that it won't
> | cost them anything. They might just surprise you.
> |
> | While doing that, simultaneously contact Disability
> | Rights Advocates in Oakland, CA. I believe they "are
> | attorneys who handle cases for disabled persons who
> | have had accessibility denied to them under the ADA."
> | You can reach them at (510) 451-8644 or their e-mail
> | is [log in to unmask] There is a ten day
> | turn-around time for an answer. Describe your
> | situation in a very brief summary. At the very least
> | they can refer you.
> |
> | Also and very effective is PROTECTION & ADVOCACY, INC.
> | They are located in Sacramento, Oakland, and Los
> | Angeles, California. They seem to be very effective
> | in the cases that they take on. It is well worth the
> | telephone call for information and a complaint form
> | packette.
> |
> | The next recommendation would be the UNITED STATES
> | DEPARTMENT OF JUSTICE. The department that handles
> | discrimination and enforcement of accommodations and
> | accessibility issues for disabled persons. Get the
> | complaint form from them. They have literature that
> | clearly explains the law in your situation. But that
> | will take some time.
> |
> | Otherwise, there must be other such organizations
> | where you are located. But as a last resort, check
> | the yellow pages for your COUNTY BAR ASSOCIATION and -
> | or PRO BONO ATTORNEYS (If you are back East PRO SE
> | ATTORNEYS) who specialize in ADA. Even if you must, a
> | modified contingency, if there is a major law suit
> | that is being contemplated is well worth it.
> |
> | Good advise might be that before the big guns are
> | brought to bear on the county or church respectively,
> | that a courteous negotiated agreement would be the
> | very first step to resolution.
> |
> | Ruth.
> |
> | ----------------
> |
> | --- Lynn Arnesen <[log in to unmask]> wrote:
> | > In a message dated 12/28/00 4:50:16,
> | > [log in to unmask] writes:
> | >
> | > << If the building that you are moving into is a
> | > new building then it has
> | > to by law to be ADA accessible.
> | > If this is an older building then they have to
> | > make resaonable
> | > accomadations for her or anyone else to enter the
> | > building that is the
> | > law. >>
> | >
> | > Willie,
> | > The school district that we work for is county run.
> | > The building that we are
> | > moving into is a Catholic School that we will rent
> | > that was built in 1955.
> | > My district cannot stick money into a building that
> | > they are renting, but the
> | > church can. I feel so bad that my speech
> | > therapist, Gaye, was told, "Too
> | > bad, you can't go with us." Who can I tell Gaye to
> | > contact to make it
> | > accessible for her and the students in our program
> | > who will no longer be able
> | > to attend our new school because there are stairs
> | > (even to get to the first
> | > floor)?
> | > I really appreciate your time.
> | > Thanks,
> | > Lynn
> |
> |
> | __________________________________________________
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