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Haddayr Copley-Woods [userpic]

'Drive-by' ADA Lawsuits?!?? (crossposted)

August 24th, 2010 (02:25 pm)
annoyed
Tags:

current mood: annoyed

Apparently, 20 years is just not long enough for folks to figure out how to obey the ADA.

‘Drive-By’ ADA Lawsuits Have Business Owners On Edge
http://www.disabilityscoop.com/2010/08/23/ada-lawsuits/

What bothers me most about this article isn't the whiny business owners; I am quite aware that most folks think the ADA is not really a LAW per se as some guidelines it would be nice for them to follow if they can afford it, after they get to everything else.

I'm most annoyed by the reference to so-called 'advocates' who tell disabled people that suing isn't good for the rest of us: "Advocacy groups refer to the suits as 'drive-by' and question whether they actually help the community or just line the pockets of a few individuals. What’s more they say the suits can turn business owners against the ADA."

I really want to know which groups. (After clicking through to the full article, I see. One 'advocate.' Self Reliance Inc., "a Tampa-based, nonprofit center for independent living." They're a service provider, and depend on seeing disability issues as individual issues rather than systemic ones to earn their bread. They must be advocates!)

Oh no no no no! Don't actually DEMAND equal access. Oh, no no no! That's going to ruffle feathers! That's going to make people not like us! Oh dear oh dear oh dear! :insert handwringing:

Who cares if you "turn business owners against the ADA?" I don't want them to feel warm and fuzzy. I want them to OBEY THE LAW. Businesses will not do right by people unless they fear lawsuits. They have no motivation other than money. As a matter of fact, the ADA has no enforcement arm and they depend on people filing private lawsuits to get places to comply.

It's called capitalism, people. Ever heard of it?

I especially love how Brenda Ruehl, executive director of Self Reliance Inc., uses the word "drive-by," too. Because suing a business owner for breaking the law is EXACTLY like driving past someone and shooting them dead!

Comments

Posted by: Jessie (orbitalmechanic)
Posted at: August 24th, 2010 07:28 pm (UTC)

You know who else gets this wrong? Civil rights activists. Also gay people. It makes everything worse! History proves it.

Posted by: Ayesha (browngirl)
Posted at: August 24th, 2010 07:47 pm (UTC)
me sorta

I'm most annoyed by the reference to so-called 'advocates' who tell disabled people that suing isn't good for the rest of us:
... good lord, is that a non-Internet iteration of the Tone Argument?!

Posted by: Haddayr Copley-Woods (haddayr)
Posted at: August 24th, 2010 07:48 pm (UTC)

It's like telling black folks not to sue over discrimination and gay folks not to sue for equal marriage rights. It's bullshit.

Posted by: Jessie (orbitalmechanic)
Posted at: August 24th, 2010 07:59 pm (UTC)

No no, it's so much better for people to give you things out of charity and kindness, rather than having legal rights.

Posted by: Trouble (troubleinchina)
Posted at: August 24th, 2010 07:56 pm (UTC)

We have so rarely succeeded in simply asking for people to follow simple regulations that Don & I have started the process of filing a human rights complaint.

Posted by: UR taste buds can't repel flavor of this magnitude (sofvckinghot)
Posted at: August 24th, 2010 08:10 pm (UTC)
Oh no! Don't make the businesses UNCOMFORTABLE!
Serena Side Eye

Anything but that! It's not as if decades have passed since the ADA was enacted and they have had plenty of time to make accommodations for everyone or something.

Oh, wait...

Posted by: sacwentie (sacwentie)
Posted at: August 25th, 2010 12:00 am (UTC)

Hear hear!

Posted by: jasondwittman (jasondwittman)
Posted at: August 25th, 2010 04:02 am (UTC)
haunted

Aren't there the equivalent of OSHA inspectors going around making sure regulations are met?

Posted by: I'm nobody! Who are you? (capriuni)
Posted at: August 25th, 2010 07:08 am (UTC)
curb cuts

Ha-ah-ha!

... No.

Posted by: Haddayr Copley-Woods (haddayr)
Posted at: August 25th, 2010 03:04 pm (UTC)

Nope. Not a single one. The law depends on folks suing personally or filing complaints with civil rights departments.

Posted by: jasondwittman (jasondwittman)
Posted at: August 26th, 2010 04:21 am (UTC)
haunted

I suppose that's because the disabled don't have enough political clout (read: not enough voters) to get a politician's attention. :-/

What about the AARP? Seems to me they would have an interest in at least some of these issues, and don't they have a hefty membership? What's their record on matters like these?

Posted by: Jesse the K (jesse_the_k)
Posted at: August 28th, 2010 02:57 am (UTC)

Sadly, all U.S. Civil Rights laws depend on the injured party (that's those of us who get refused, ignored, slapped, not-hired &c &c &c) locating and funding a lawyer who's willing to "make a Federal case out of it."

The Federal Dept of Justice has a terrible record in this regard: if you have the perfect suit, they may deign to read your email and say, "no way, we're not using this as a test case."

Completeness demands I add there are a couple shining exceptions to this pattern, in particular Olmstead v. L.C., where the Supreme Court agreed that people who don't have to be in institutions don't have to stay there solely for the crime of being disabled. This decision is still reverberating in our lives.

Posted by: geniusofevil (geniusofevil)
Posted at: August 25th, 2010 07:58 pm (UTC)

Who cares if you "turn business owners against the ADA?" I don't want them to feel warm and fuzzy. I want them to OBEY THE LAW. Businesses will not do right by people unless they fear lawsuits. They have no motivation other than money. As a matter of fact, the ADA has no enforcement arm and they depend on people filing private lawsuits to get places to comply.

Right on

Posted by: Jam (jamiam)
Posted at: August 25th, 2010 10:27 pm (UTC)

Nah, it's not capitalism. It's regulations imposed on raw capitalism to keep it working and from becoming overburdened with its own single-minded dysfunctionality, and calling it "capitalism" makes baby Ayn Rand and her poor, long-suffering followers weep.

Posted by: Haddayr Copley-Woods (haddayr)
Posted at: August 25th, 2010 11:07 pm (UTC)

Heh, heh. Good point. And anyway, I don't want to make objectivists weep.

also: NOODLE!

(she is my favorite)

Posted by: jasondwittman (jasondwittman)
Posted at: August 26th, 2010 04:27 am (UTC)
haunted

Um...how is NOODLE! connected with Ayn Rand?

Posted by: Haddayr Copley-Woods (haddayr)
Posted at: August 26th, 2010 06:46 pm (UTC)

It's not; she just got a new pet snake named Noodle and I love her and I love saying 'Noodle.'

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