Hi, Kyle,
Maybe this will explain things:
http://www.businessweek.com/bwdaily/dnflash/may2000/nf00517c.htm
Kat
Original Message:
-----------------
From: Cleveland, Kyle E. [log in to unmask]
Date: Wed, 16 Jan 2008 13:00:18 -0500
To: [log in to unmask]
Subject: Re: Robbing (able-bodied) Petra to pay (disabled) Paula
Eastwood?? Really?? Why for izzat? I figured him for a more liberal
outlook on things.
Kyle
-----Original Message-----
From: Cerebral Palsy List [mailto:[log in to unmask]] On Behalf
Of Kendall D. Corbett
Sent: Wednesday, January 16, 2008 12:57 PM
To: [log in to unmask]
Subject: Re: Robbing (able-bodied) Petra to pay (disabled) Paula
Deri,
Your take on the Canadian situation is appreciated.
In the US, large companies (WalMart, etc.) and powerful, well connected
individuals (Clint Eastwood) or, in some instances, plaintiffs
(Littleton,
etc.) have appealed summary judgements or jury findings and it's
resulted in
a weakening of the ADA on appellate review. This has happened because
the
ADA was not written as explicitly as, say, the Civil Rights Act of 1964.
The ADA Restoration Act is before Congress right now to address these
concerns.
As far as I know, the Canadian airline policy hasn't been tested on
appeal
yet. Meir, I'd be interested to know what court precedents Selick was
referring to, and what courts they were in - any ideas? Also, was the
Canadian decision a result of a lawsuit filed by Neubauer, or was at an
"administrative decision" by CTA?
An idea just occurred to me - maybe Selick's editorial piece was a well
placed advertisement so that when the airlines deny someone a seat for
an
attendant on an otherwise full flight, the airline will contact Selick
or
her firm when the person with the disability files a lawsuit, or is that
what you meant by "....no win/no fee basis?" The parking analogy is
apropos
(I think there's supposed to be a "double P" in there somewhere, but I'm
not
sure which one). There have been public entities that have made similar
arguments (dating back 35 years now, under Section 504 of the 1973
Rehabilitation Act) by saying "If we put in 'handicapped parking,' it's
not
used, and we lose spaces that could be used by other people." As a
matter
of fact, the UW Transit and Parking people tried that just this fall.
There
was a person who was alotted a reserved spaceby one building, and their
office was moved into our building. TransPark's immediate solution was
to
use one of the accessible spaces for this spot. I know the people at
TransPark pretty well, and took pictures of the lot (with all the
accessible
spaces full, and the "regular" spaces half full, at most, and the
TransPark
people decided to put the reserved space in another location entirely.
On 1/15/08, Deri James <[log in to unmask]> wrote:
I wonder if Selick's diatribe was due to taking up the Airline's case on
a
no
win/no fee basis!!!
Seems, from the article, the courts interpreted the law correctly (so
probably
no appeal would be successful). The problem in the US seems some courts
are
weakening the law, in Canada, it is decisions like this which keep the
law
strong.
In victory we can smile on Ms Selicks sour grapes and pat her kindly on
the
head. :-)
Cheers
Deri
PS Anyway, why should supermarkets use up valuable real estate putting
in
parking places for disabled people - they weren't responsible for
causing
the
disability. (I'm joking - but its the same argument!)
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--
Kendall
An unreasonable man (but my wife says that's redundant!)
The reasonable man adapts himself to the world; the unreasonable one
persists in trying to adapt the world to himself. Therefore, all
progress
depends on the unreasonable man.
-George Bernard Shaw 1856-1950
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