EASI Archives

Equal Access to Software & Information: (distribution list)

EASI@LISTSERV.ICORS.ORG

Options: Use Forum View

Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Rudy Caris <[log in to unmask]>
Reply To:
* EASI: Equal Access to Software & Information
Date:
Thu, 11 Jan 2001 20:09:21 +0000
Content-Type:
text/plain
Parts/Attachments:
text/plain (215 lines)
1.      The competitor may NOT have been superior at
all, as that was still to be proven in the upcoming
Olympic combat.
2.      As far as the “able bodied vs. the disabled”,
God has already compensated the able bodied person.
3.      Reasonable modifications refers to the hundreds
of thousands of disabled persons world wide, who are
just barely trying to survive day-by-day to meet
their “basic needs, and the necessaries to sustain their
lives.”  Golfing is the furthest thing from their
minds.  Whom-so-ever, is kidding who?
4.      “Reasonable Accommodations” has never meant and
was never intended to mean “total and unequivocal
equality” between them and us.  That will never be as
the law is only "up to those rights", and not "over and
beyond."
5.      These kinds of “borderline frivolous lawsuits”
turn the able bodied world against the disabled
community for which the helpless disabled individual
suffers.  Check out the dismal roster of our "wins"
and "losses" in this kind of legal cases that have been
filed and adjudicated to our detriment.

This has nothing to do with talent.

Rudy
> What this person misses here is that disabled folks are just as talented as
> our counterparts. It serves an employer to give a Blind person a screen
> reader, to provide interpreters. Then, companies have a talent pool they
> were missing. In these days of technological need for speed, that is where
> it is at. Of course, I am preaching to the choir.
>
> randy
>
> "Practice means nothing. Games mean everything."
>     -- Thurmond Moore
> ----- Original Message -----
> From: Dave at Inclusion Daily Express <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, January 11, 2001 12:59 PM
> Subject: Law penalizes the able?
>
>
> > Hi folks,
> > I found this one during my search this morning.
> > I'm still trying to get my heart rate and blood pressure to
> > come down. It's amazing to me that some people still think this way.
> >
> > http://www.aynrand.org/medialink/op-eds/martin_case.txt
> > ---Original Text Follows---
> > SHAME ON CASEY MARTIN
> > Disabled Golfer Asks Supreme Court to OK His Forced Entry into
> Tournaments,
> > via Law
> > That Penalizes the Able
> >
> > By Thomas A. Bowden
> >
> > When a supporter of Tonya Harding attacked Olympic skating rival Nancy
> > Kerrigan
> > back in 1994, clubbing Kerrigan's right knee and leaving her writhing in
> > pain, the
> > legal system sprang to the victim's defense. The attacker was caught and
> > punished
> > for his disgraceful attempt to eliminate a superior competitor through
> brute
> > force.
> >
> > But now, seven years later, as golfer Casey Martin appears before the
> > Supreme
> > Court asking approval for his own forced elimination of superior rivals,
> the
> > legal
> > system appears poised to punish the victims and reward the attacker. This
> > sad
> > reversal is made possible by a federal statute that penalizes ability in
> the
> > name
> > of helping the disabled.
> >
> > Casey Martin is a talented golfer whose rare circulation disorder prevents
> > him from walking the length of a golf course. This handicap disqualifies
> him
> > from
> > competing in events run by the PGA Tour, a private organization whose
> rules
> > require
> > each athlete to walk from shot to shot.
> >
> > Golf is a game of extreme precision. Tiny variations in the swing of a
> club
> > determine whether a shot lands on the green or in a sand trap, whether a
> > tricky
> > putt falls in or rims out. Only golfers with great stamina can maintain
> this
> > precise control while fighting the fatigue that sets in after walking many
> > miles,
> > sometimes over rough terrain, and standing for many hours. The PGA's rules
> > require
> > and reward such stamina.
> >
> > But instead of gracefully accepting his inability to beat able-bodied
> > opponents under the rules of an organization he voluntarily joined, Martin
> > chose to
> > force his way into PGA competition by invoking the Americans With
> > Disabilities Act,
> > a law requiring "reasonable modifications" to accommodate the handicapped.
> > At
> > Martin's request, a federal court forced the PGA Tour to change its rules
> > and let
> > Martin ride in a motorized cart, while everyone else walked.
> >
> > If the Supreme Court rules in Martin's favor, as seems likely, it will
> > probably not even pause to identify the innocent victims of such a
> decision.
> > The
> > first victim is the PGA Tour, which should have an absolute right to set
> its
> > own
> > rules for its own tournaments. The next victims are the spectators, who
> want
> > to see
> > professional golf played at its highest level, in PGA competitions
> winnable
> > only by
> > the ablest athletes.
> >
> > And there is yet another victim, nameless but equally deserving of
> > sympathy--
> > the able-bodied golfer who is cut from the tournament to make room for
> > Martin, and
> > who is expected to pick up his broken dreams and go quietly home. No
> > newspaper
> > photographs will show the pain in this man's face, the way they showed
> Nancy
> > Kerrigan's anguish after she was assaulted, but one can imagine his
> torment
> > at the
> > injustice of being penalized simply for having abilities that another man
> > lacks.
> >
> > The legal and moral principles at stake here extend far beyond the realm
> of
> > spectator sports.
> >
> > Under the ADA, which was designed by disability advocates who resentfully
> > describe healthy people as "temporarily abled," no employers may simply
> fire
> > disabled employees--or even hire able ones--so long as "reasonable
> > accommodations"
> > might help the handicapped compete. The list of bureaucratically required
> > accommodations, from wheelchair ramps to sign-language interpreters, is
> > endless--
> > and all at the employer's expense.
> >
> > In a recent case, a Pennsylvania elementary school fired a psychotic
> > secretary who missed deadlines, forgot to deliver messages, and couldn't
> > cope with
> > rearranged furniture. When she sued under the ADA, a federal court ruled
> > that
> > instead of firing her, the school should have engaged in an "informal
> > interactive
> > process" to identify "reasonable accommodations"--such as slowing down the
> > rate of
> > change in the office.
> >
> > The ADA's backers count on decent people to support the statute as a
> > sympathetic expression of benevolence. But genuine benevolence toward the
> > disabled
> > is possible only through voluntary good will; it cannot be achieved by
> > coercion,
> > which results in punishing the able.
> >
> > This last point would be more obvious if the government were simply
> handing
> > Casey Martin a baseball bat and letting him take a swing at Tiger Woods's
> > knee. Yet
> > the ADA achieves the same end through government force, penalizing
> mentally
> > and
> > physically superior candidates by making it illegal for employers and
> other
> > organizations to prefer them over the disabled.
> >
> > In a rational society, everyone's life and happiness depend upon finding
> and
> > rewarding the very best people--the best athletes, the best teachers, the
> > best
> > surgeons. To recognize this simple fact is to see why the Americans with
> > Disabilities Act must be repealed--and why Casey Martin deserves to lose
> his
> > case.
> >
> > Thomas A. Bowden practices law in Baltimore, Maryland, and is a senior
> > writer for
> > the Ayn Rand Institute in Marina del Rey, Calif. http://www.aynrand.org
> The
> > Institute promotes the philosophy of Ayn Rand, author of Atlas Shrugged
> and
> > The
> > Fountainhead.
> >
> > THE AYN RAND INSTITUTE
> > 4640 Admiralty Way, Suite 406
> > Marina del Rey, CA 90292
> > Phone: 310.306-9232 x224    TEAR SHEET REQUESTED
> > Fax: 310.306-4925
> > E-mail: [log in to unmask]
> > Contact: Jason Sagall
> >
> > This Op-Ed and a photo of Thomas A. Bowden can be found at:
> > www.aynrand.org/medialink/martin_case.shtml
> > ---End of Article---
> >

ATOM RSS1 RSS2