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Subject:
From:
"Cleveland, Kyle E." <[log in to unmask]>
Reply To:
Cerebral Palsy List <[log in to unmask]>
Date:
Wed, 16 Jan 2008 14:29:53 -0500
Content-Type:
text/plain
Parts/Attachments:
text/plain (241 lines)
Point taken vis-à-vis the "civil rights" issue.  Looking at it from a purely politically practical point of view (god, I love alliteration), hell, it's California, for gawdsakes, and not that far from San Francisco (or, as my 9-year old says, "Sanna Franna Bisquit Dough").  It ain't like Eastwood's place is in Soddy Daisy, Tennessee.  These folks is liberals.  What did he expect?

-----Original Message-----
From: Cerebral Palsy List [mailto:[log in to unmask]] On Behalf Of Kendall D. Corbett
Sent: Wednesday, January 16, 2008 2:05 PM
To: [log in to unmask]
Subject: Re: Robbing (able-bodied) Petra to pay (disabled) Paula

Kyle,

Good question; when I've encountered ADA violations, I always talk to the
manager (if it's a chain establishment) or the owner of a business.  If I
remember correctly, this woman had filed numerous suits under the ADA in
California, so there was some validity to Eastwood's backing of the
"Notifaction Act."  The main problem I have with notification is that the
ADA had been on the books for ten years, and had gotten a lot of press, so
"ignorance of the law is no excuse" applies well here.  For small (and
large) businesses, there are a bunch of tax breaks for business to make
modifications.  As for the "historic nature" argument, there are several
historic hotels I've stayed at that have made functional and beautriful
accessibility accomodations.  I've stayed in two, although I'm more likely
at a Holiday Inn!

As a final comment, can you imagine the outcry from ethnic and racial
minorities if they were required to give 90 days notice on lawsuits under
the Civil Rights Act?


On 1/16/08, Cleveland, Kyle E. <[log in to unmask]> wrote:
>
> Seems like a measured response to me.  Small business owners can't hide
> behind ignorance of the law, but three months to fix a problem brought
> to the fore by a pwd seems like a "reasonable accommodation" on the part
> of the plaintiff.
>
> Unless there's more to the story...
>
> Did the woman inform Mr. Eastwood and his staff that his hotel was out
> of compliance with regard to door width, or did she go right to the
> attorneys?  Our litigious society (and subsequent tort "reform") is one
> of the reasons that the ADA stands in danger of being "watered down".
>
> K.
>
>
> -----Original Message-----
> From: Cerebral Palsy List [mailto:[log in to unmask]] On Behalf
> Of [log in to unmask]
> Sent: Wednesday, January 16, 2008 1:25 PM
> To: [log in to unmask]
> Subject: Re: Robbing (able-bodied) Petra to pay (disabled) Paula
>
> 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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-- 


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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