well your point is well taken and i am speaking out.
i'll see if anyone hears.
--- "Kendall D. Corbett" <[log in to unmask]>
wrote:
> Ken,
>
> The 11th Circuit Covers Alabama, Georgia and
> Florida, which is why I though
> it might be of particular interest to you. What's
> the legal justification
> for your case being barred from the courts? With
> where you live, taking it
> to court anyway to challenge the 1940 law looks like
> it would be an exercise
> in futility.
>
> Established by Congress in 1981, the U.S. Court of
> Appeals for the Eleventh
> Judicial Circuit has jurisdiction over federal cases
> originating in the
> states of Alabama, Florida and Georgia. The circuit
> includes nine district
> court's with each state divided into Northern,
> Middle and Southern
> Districts.
>
> The entire disability community needs to speak out
> on this IMHO, because it
> reminds me of the poem by Niemoller:
>
> Original Translation Als
> die Nazis die
> Kommunisten holten,
> habe ich geschwiegen;
> ich war ja kein Kommunist.
>
> Als sie die Sozialdemokraten einsperrten,
> habe ich geschwiegen;
> ich war ja kein Sozialdemokrat.
>
> Als sie die Gewerkschafter holten,
> habe ich nicht protestiert;
> ich war ja kein Gewerkschafter.
>
> Als sie mich holten,
> gab es keinen mehr, der protestieren konnte. When
> the Nazis came for the
> communists <http://en.wikipedia.org/wiki/Communist>,
> I remained silent;
> I was not a communist.
>
> When they locked up the social
>
democrats<http://en.wikipedia.org/wiki/Social_democrat>
> ,
> I remained silent;
> I was not a social democrat.
>
> When they came for the trade
> unionists<http://en.wikipedia.org/wiki/Trade_union>
> ,
> I did not speak out;
> I was not a trade unionist.
>
> When they came for me,
> there was no one left to speak out.
> http://en.wikipedia.org/wiki/First_they_came...
>
> I know I've said I don't generally trust Wikipedia,
> but it had the poem in
> the original German, and the translation appears to
> be accurate (if the
> German version wasn't manipulated to match the
> English version).
>
> The poems history is interesting as well, because it
> talks about the Nazi
> T-4 program ( that led to the deaths of 145,000
> people with disabilities)
> being mentioned in an ommitted stanza.
>
> There is a tremendous amount of web traffic around
> the poem
>
>
> On 5/24/07, ken barber <[log in to unmask]> wrote:
> > absolutely unbelieveable. how can a court rull
> mental
> > retardation not a disability? the 11th, where is
> that
> > at.
> >
> > i wish i could get my case to a court but by law
> can
> > not. the government once again has stacked the
> deck in
> > its own favor. since the 1940s no less.
> >
> > --- "Kendall D. Corbett"
> <[log in to unmask]>
> > wrote:
> >
> > > Ken, and everyone,
> > >
> > > ,
> > >
> > > The 11th Circuit just held that mental
> retardation
> > > is _not_ a
> > > disability under the ADA. Think we could get an
> > > Appeals Court to say
> > > we don't have a disability, like your doctors
> did in
> > > your
> > > disability/worker's comp. case ?!? Littleton's
> > > argument may have
> > > failed becuse he used the word "thinking"
> instead of
> > > "learning," and
> > > "communicating" instead of "speaking." Follow
> the
> > > link to read the
> > > full decision. So if we were discriminated
> against
> > > because we don't
> > > walk well, and sued saying we had "impaired
> > > ambulation," rather than
> > > "walking" would our case be rejected because
> we/our
> > > attorneys used
> > > slightly different terminology? IMHO,
> Littleton's
> > > terminology
> > > probably was more descriptive of his disability
> than
> > > the narrower
> > > terms "learning" and "speaking," but easily
> included
> > > them.
> > >
> > > I just signed on to do local work for the "Road
> to
> > > Freedom" ADA tour
> > > and the post from JFA about this landed in my
> > > mailbox about 20 minutes
> > > later. If people with all types of disabilities
> > > don't make our voices
> > > heard on this, I'm afraid the slow dismantling
> of
> > > the ADA will
> > > continue, and accelerate.
> > >
> > > Court Decision: "Mental retardation" is not a
> > > disability under ADA
> > >
> > > In the case of Littleton v. Wal-Mart Stores,
> Inc.,
> > > the Court of
> > > Appeals for the Eleventh Circuit, in an
> unpublished
> > > opinion from May
> > > 11, held that an individual with mental
> retardation
> > > did not have a
> > > disability under the Americans with Disabilities
> > > Act.
> > >
> > > With guidance from the Alabama Independent
> Living
> > > Center, Mr.
> > > Littleton interviewed for a job as a cart-push
> > > associate at Wal-Mart.
> > > However he was not allowed to have his job coach
> > > accompany him into
> > > the interview, and he was ultimately not hired.
> > >
> > > While acknowledging his intellectual disability,
> in
> > > the Court's
> > > analysis, Littleton, who receives Social
> Security
> > > benefits because of
> > > his disability, was found not to be
> substantially
> > > limited in major
> > > life activities.
> > >
> > > The following are excerpts from the court
> decision:
> > >
> > > "We do not doubt that Littleton has certain
> > > limitations because of his
> > > mental retardation. In order to qualify as
> > > 'disabled' under the ADA,
> > > however, Littleton has the burden of proving
> that he
> > > actually is, is
> > > perceived to be, or has a record of being
> > > substantially limited as to 'major life
> activities'
> > > under the ADA.
> > >
> > > "It is unclear whether thinking, communicating,
> and
> > > social interaction
> > > are 'major life activities' under the ADA."
>
=== message truncated ===
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