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 Appeals for the Eleventh Circuit, in an unpublished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."
> 
> The entire court opinion is available as a pdf at:
> http://www.ca11.uscourts.gov/unpub/ops/200512770.pdf
> 
> The following was taken from page 5 of the 9 page
> decision of the court:
> 
> 
> The regulations provide that mental retardation
> qualifies as a "mental
> impairment." See 29 C.F.R. § 1630.2(h)(2). Major
> life activities
> include "functions such as caring for oneself,
> performing manual
> tasks, walking, seeing, hearing, speaking,
> breathing, learning, and
> working." See 29 C.F.R. § 1630.2(i). This court has
> not determined
> whether thinking, communicating and social
> interaction constitute
> "major life activities" under the ADA.
> 
> In his appellate brief Littleton asserts that the
> district court did
> not consider evidence pertaining to limitations on
> his ability to
> think and communicate.
> 
> 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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