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Keyword: ada

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  • The Americans With Disabilities Act Strikes Again

    10/13/2016 11:18:57 AM PDT · by reaganaut1 · 28 replies
    Forbes ^ | October 12, 2016 | George Leef
    One of the statutes that best demonstrates the truth that laws usually bring about a host of unintended consequences is the Americans with Disabilities Act. In the name of helping people who have disabilities, the law often imposes heavy costs on others, while simultaneously failing to do anything for its purported beneficiaries. The ADA has spawned a hyper-aggressive enforcement bureaucracy that lives to find violations of the law, even if those violations exist purely in their own minds. A recent flap over free online college courses makes the point. Colleges and universities do a lot of ridiculous and even harmful...
  • First 'Artificial Pancreas' for Type 1 Diabetes Automated in

    10/02/2016 1:45:46 AM PDT · by nickcarraway · 11 replies
    WebMD ^ | WEDNESDAY, Sept. 28, 2016 | Serena Gordon
    Automated insulin delivery system will ease some of the burden of living with the condition "This first-of-its-kind technology can provide people with type 1 diabetes greater freedom to live their lives without having to consistently and manually monitor baseline glucose levels and administer insulin," Dr. Jeffrey Shuren, director of the FDA's Center for Devices and Radiological Health, said in an agency news release. The device -- Medtronic's MiniMed 670G -- is what's known as a hybrid closed-loop system. That means it monitors blood sugar and then delivers necessary background (also known as basal) insulin doses. The device will also shut...
  • Woman in wheelchair drowns in Sacramento River (ADA Advocate)

    07/06/2016 12:40:58 PM PDT · by rey · 60 replies
    Press Democrat ^ | 6 Jul 2016
    SACRAMENTO — A disability rights advocate drowned in a bizarre accident when she fell into the Sacramento River in her wheelchair after watching Fourth of July fireworks. Laurie Hoirup's husband, Jacob Hoirup, tells the Sacramento Bee ( the accident happened after she and several other people were getting off a pontoon at the Sacramento Marina Monday night after watching fireworks on the boat. He says the 60-year-old woman was on a ramp between the boat and dock when the boat shifted and caused the ramp to fall into the water, bringing her, her husband and some others down with it....
  • Disney Discriminated Against Autistic Kids, Says Florida Civil Rights Commission

    05/17/2016 12:34:22 PM PDT · by kingu · 30 replies
    Dateline ^ | May 16, 2016 5:48pm | Dominic Patten
    EXCLUSIVE: Florida’s top civil rights agency has again found that Walt Disney Parks and Resorts discriminated against several children living with autism and their families. In five separate rulings issued May 11, the Florida Commission on Human Relations says that an “unlawful practice occurred” when “Complainant and Complainant’s son were deprived of full enjoyment of the facility.” This comes as an attorney today filed a notice of appeal in a recently tossed federal lawsuit claiming Disney discriminated against families of children with autism and other developmental disorders in violation of the Americans With Disabilities Act.
  • Lawmakers Consider Bills on Bikes, Historical Markers, and Skunks

    02/26/2016 10:27:55 AM PST · by Tolerance Sucks Rocks · 8 replies
    Memphis Flyer ^ | February 25, 2016 | Toby Sells
    Tennessee's rule factory is cranking at full tilt, and Nashville lawmakers want to tell Memphians how to pay for bike lanes, what monuments we can move, and whether or not we can own skunks (seriously). No gas tax for bike lanes A new bill would prohibit spending any gas tax revenues on bike lanes, pedestrian walkways, and "other non-vehicular facilities." Portions of the state gas tax are required to go to cities and counties. Those governments sometimes use the gas tax funds for matching dollars to get federal money for bike and pedestrian projects. The new bill says all of...
  • Are Second Amendment Rights Protected by the Americans with Disabilities Act (ADA)?

    02/22/2016 5:47:27 AM PST · by marktwain · 13 replies
    Gun Watch ^ | 17 February, 2016 | Dean Weingarten
    Blind woman learns to shoot Picture from concealed nation An Georgia television station raised a question about whether a person who is legally blind should be allowed to exercise their Second Amendment rights.  They asked if a person who is legally blind should be forbidden, by law, from carrying a weapon to protect themselves.  From Her father, Sheriff Warren Wethington, taught her how to shoot. He told Byfield he wants his daughter to be able to protect herself. "The people who express their opinions that my daughter's not safe with a gun most likely have never held one,...
  • Access to disabled holds up debut of $4 million Santa Rosa fire station

    05/28/2015 8:31:23 PM PDT · by rey · 28 replies
    Press Democrat ^ | 29 July 2015 | KEVIN MCCALLUM
    Santa Rosa’s use of its $4 million Fountaingrove fire station has been delayed by questions about whether the new building is sufficiently accessible to people with disabilities. The 5,300-square-foot Newgate Court station was supposed to be ready for occupancy in April, but last minute inspections by city staff trained in the requirements of the Americans with Disability Act highlighted numerous potential violations. The discovery has perplexed many at City Hall, especially given that the city has spent about $6 million over the past 5 years improving the accessibility of existing buildings, parks and sidewalks under the watchful eye of the...
  • San Francisco officer-involved shooting sparks Supreme Court debate

    03/23/2015 5:29:07 PM PDT · by BenLurkin · 16 replies
    The justices heard arguments in a dispute over how San Francisco police in 2008 dealt with a woman with schizophrenia who had threatened to kill her social worker. Police ultimately forced their way into Teresa Sheehan's room at a group home, then shot her after she came at them with a knife. Sheehan survived and later sued the city, claiming police had a duty under the Americans with Disabilities Act to consider her mental illness and take more steps to avoid a violent confrontation. The case comes as police have been criticized for a series of high-profile incidents where suspects...
  • Court rejects suit from teacher with fear of children

    02/14/2015 11:58:08 AM PST · by Brother Cracker · 17 replies
    Odd_News ^ | Feb. 12, 2015 | Ben Hooper
    CINCINNATI, An Ohio teacher with a phobia of young children lost an appeal accusing her former district of failing to accommodate her disability. The U.S. Court of Appeals for the 6th Circuit in Cincinnati rejected the appeal from Maria Waltherr-Willard, 63, who had accused the Mariemont district of age discrimination and a violation of the Americans with Disabilities Act. Waltherr-Willard, a French and Spanish teacher, alleged the district knew she suffered from pedophobia, a fear of small children, when she was transferred in 2009 from Mariemont High School to the district's middle school. The teacher, who retired in January 2011...
  • EEOC: Obamacare ‘Workplace Wellness’ Programs Neither Voluntary Nor Legal

    12/03/2014 7:04:56 PM PST · by Tolerance Sucks Rocks · 44 replies ^ | December 2, 2014 | Barbara Hollingsworth
    ( – The 2010 Affordable Care Act (ACA) allowed corporations to reduce their health care costs by rewarding employees for voluntarily participating in workplace “wellness” programs to help them lose weight or stop smoking. But now three of those programs are the target of discrimination lawsuits by the Equal Employment Opportunity Commission (EEOC), which says they are neither voluntary nor legal. EEOC recently filed its third wellness lawsuit, claiming that Honeywell International, Inc.’s ACA-approved wellness program violates the Americans with Disabilities Act (ADA). Honeywell recently informed employees and their spouses who were enrolled in the company’s health benefits plan that...
  • CEOs representing over 200 major American companies threatening to pull their support of Obamacare

    11/29/2014 12:35:05 PM PST · by 2ndDivisionVet · 52 replies
    * Many CEOs are angry with the Obama administration thanks to three new cases challenging parts of his 'wellness program' * In order to participate in the 'wellness program' and receive a low health care rate under Obamacare, employees must take a physical * Now it is being argued in three cases that forcing someone to take a physical for work violates the Americans with Disabilities Act * The CEOs now have a number of ways they can undermine Obama because of this developmentLeading U.S. CEOs, angered by the Obama administration's challenge to certain 'workplace wellness' programs, are threatening to...
  • DOJ forces online grocer Peapod to make website accessible to disabled

    11/18/2014 1:12:04 PM PST · by Tolerance Sucks Rocks · 80 replies
    The Hill ^ | November 17, 2014 | Lydia Wheeler
    The Justice Department reached an agreement Monday with Peapod, a popular Internet grocer, to settle claims that the company’s website discriminated against people with disabilities.The agreement forces Peapod LLC and parent company Ahold USA to update so assistive technologies like text-to-speech and Braille displays function with the site.The DOJ hailed the action as ensuring that anti-discrimination laws under the Americans with Disabilities Act apply to Internet businesses as well as brick and mortar stores.“This agreement ensures that people with disabilities will have an equal opportunity to independently and conveniently shop online for groceries,” said Acting Assistant Attorney General Vanita...
  • Ebola, Meet The ADA: Advice For Employers On Handling The Outbreak

    10/16/2014 10:46:19 AM PDT · by 2ndDivisionVet · 27 replies
    Forbes ^ | October 16, 2014 | Daniel Fisher, A. Kevin Troutman and Matthew Korn
    How should employers respond when they learn that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been exposed to Ebola Virus Disease? How can employers prepare in advance for such situations? Based on extensive news media coverage of the spread of Ebola in West Africa, and the recent transmission of the virus in the United States, many employers are scrambling to answer these questions. The right response depends on several factors and there is no one-size-fits-all solution. However,...
  • Illegal Alien And Serial Plaintiff Millionaire Alfredo Garcia Finally Deported (Unreal)

    08/04/2014 3:05:56 AM PDT · by 2ndDivisionVet · 6 replies
    Gateway Pundit ^ | August 3, 2014 | Mara Zebest
    Alfredo Garcia is an illegal alien with a long list of felonies on his arrest record. Garcia also fell out of an avocado tree while high on cocaine and sustained a spinal injury 18 years ago. Since the injury, Garcia uses the Federal ADA laws to pilfer money from honest hard-working American business owners. In addition to extorting money from American businesses, Garcia claims to be poor so that the American taxpayer will pick up the tab for his legal expenses. Estimated law suit settlements total at least $1.2 million, and legal fees paid by the taxpayer approximately $213,502. The...
  • Ironsides, formally proven DNS now handles Recursive DNS

    07/11/2014 8:14:39 PM PDT · by OneWingedShark · 7 replies ^ | 11 Jul 14 | OneWingedShark
    IRONSIDES is an authoritative/recursive DNS server pair that is provably invulnerable to many of the problems that plague other servers. It achieves this property through the use of formal methods in its design, in particular the language Ada and the SPARK formal methods tool set. Code validated in this way is provably exception-free, contains no data flow errors, and terminates only in the ways that its programmers explicitly say that it can. These are very desirable properties from a computer security perspective. IRONSIDES is not a complete implementation of DNS. In particular, it does not support zone transfers or all...
  • Brand new set of baseball bleachers torn down after ruling…girls softball team’s seats must be equal

    04/01/2014 6:32:35 AM PDT · by Olog-hai · 51 replies
    My Fox Detroit ^ | Mar 31, 2014 12:14 PM EDT
    A new set of seating is being torn down outside the Plymouth Wildcats varsity boys’ baseball field, not long before the season begins, because the fields for boys’ and girls’ athletics must be equal. […] (A)fter a complaint, the U.S Education Department’s Office for Civil Rights investigated the new addition and says it must be torn down. It says the facility was no longer equal to the girls’ softball field next door, which has old bleachers and an old scoreboard. …
  • Are You Disabled? Your Boss Needs to Know

    03/19/2014 8:29:15 AM PDT · by reaganaut1 · 30 replies
    Wall Street Journal ^ | March 18, 2014 | LAUREN WEBER
    Nearly a quarter of the U.S. workforce will soon have to answer a personal question from the boss: Are you disabled? U.S. regulations going into effect next week require for the first time that federal contractors—a group that includes Boeing Co., Dell Inc. and AT&T Inc., T among some 40,000 others—ask their employees if they have a disability. Those that don't employ a minimum of 7% disabled workers, or can't prove they are taking steps to achieve that goal, could face penalties and, in the most extreme cases, the loss of their contracts, according to a government official. The target...
  • SQUID: Open Source Compiler & IDE for the Ada 2012 Language

    03/18/2014 4:40:53 PM PDT · by OneWingedShark · 26 replies
    Kickstarter ^ | 18-Mar-13 | Edward R. Fish
    SQUID: Suite of Quality Unified Integrated Development This project is to develop the basis for an Ada 2012 Integrated Development Environment more akin to the `80s/`90s idea of a Programming Support Environment (complete with project-management tools) -- to start, this kickstareter project is for me to: Design the underlying DB structure, and Create a website for the Open-Source project This will allow me to have this kickstarter as a minimalistic goal, allowing for some collaboration with others in the open-source community, as the preliminary calculations have 25 weeks and nearly $37k allocated for the development of the specifications for...
  • Amputee veteran turned away by Starbucks employees who wouldn't let his service dog in store

    02/10/2014 10:18:04 AM PST · by servo1969 · 68 replies ^ | 2-8-2014 | James Gordon
    Still adjusting to his life as an amputee, doctors discovered Mr Baer had bone cancer after a non-combat related injury in Iraq in 2009. His left leg had to be amputated from the knee down and was given a physical service dog, Beanz, through a national organization called Canine Companions for Independence. However, as soon as he walked through the door of the coffee chain, the trouble started. A Starbucks employee approached him as he entered with Beanz, his service dog. 'You can't have dogs in here,' the worker yelled at him. It was in your face, loud and bold....
  • The Selling of Attention Deficit Disorder

    12/15/2013 12:58:30 PM PST · by Cincinatus' Wife · 33 replies
    New York Times ^ | December 14, 2013 | Alan Schwarz
    After more than 50 years leading the fight to legitimize attention deficit hyperactivity disorder, Keith Conners could be celebrating. Severely hyperactive and impulsive children, once shunned as bad seeds, are now recognized as having a real neurological problem. Doctors and parents have largely accepted drugs like Adderall and Concerta to temper the traits of classic A.D.H.D., helping youngsters succeed in school and beyond. But Dr. Conners did not feel triumphant this fall as he addressed a group of fellow A.D.H.D. specialists in Washington. He noted that recent data from the Centers for Disease Control and Prevention show that the diagnosis...
  • US seeks to fine websites if disabled are unable to use

    11/27/2013 3:44:27 AM PST · by AstralisLux · 53 replies
    Spero News ^ | 11/27/13 | Spero News
    The US Justice Department is intervening in a private lawsuit against H&R Block for violating the Americans with Disabilities Act. H&R Block is a large provider of American tax services and informational services for tax payers.
  • DOJ Forces College Menu Change: Food Allergy is a Disability

    10/17/2013 12:05:06 PM PDT · by jazusamo · 40 replies
    Judicial Watch ^ | October 17, 2013
    In one of the more outrageous moves by the Justice Department’s bloated civil rights division, a private college was strong armed into a legal settlement in which it agreed that food allergies are a disability under federal law. The story got little coverage as the Department of Justice (DOJ) quietly persuaded the Massachusetts College, Lesley University, to change its campus menu and serve certain foods to accommodate students with allergies. The preposterous case was brought to Judicial Watch’s attention by Robert Popper, who at the time was a Deputy Chief at the DOJ’s Voting Section. Popper, an esteemed attorney, currently...
  • Coming to a Theater Near You: Regulations, Mandates & Higher Ticket Prices

    10/03/2013 7:57:32 PM PDT · by Tolerance Sucks Rocks · 45 replies
    PolitiChicks ^ | October 2, 2013 | Katie Abercrombie
    We have a great little movie theater in our neighborhood. It has just three screens, but it always shows the newest releases. The best parts of the movie experience at our little theater are the food and the seating. We get to sit at tables in nice, padded chairs on a gently sloping floor. We can order real food to eat, including salads, burgers and chicken wings, regular and alcoholic beverages, and the most awesome chocolate, chocolate-chip cake (with ice cream, of course!) We used to not go to the movies very often, but our little neighborhood theater has drawn...
  • Disney World's Message to the Disabled: Wait in Line

    09/23/2013 5:29:33 PM PDT · by Kip Russell · 37 replies
    Yahoo! Shine ^ | Beth Greenfield
    Fans of Walt Disney World were fuming last spring following reports of people gaming a system that allowed disabled park guests to advance to the front of lines. Now it seems the entitled few have ruined it for everyone. Disney Parks has just announced a change in policy: People with disabilities will no longer be ushered to the front of lines. It “certainly has been problematic, and we wanted to curb some of the abuse of this system,” Disneyland Resort spokeswoman Suzi Brown told the Orange County Register. Further, a statement by Disney, provided to Yahoo Shine through a spokesperson,...
  • Fake service dog gear creates problems for Americans with disabilities

    08/09/2013 7:19:14 AM PDT · by george76 · 93 replies
    Orlando Sentinel ^ | August 7, 2013 | Kate Santich
    Public confusion, legal loopholes and shady Internet businesses have led to an "epidemic" of fake service-dog certificates, vests and harnesses for use on ordinary pets. And advocates for the disabled say the issue is creating big headaches for those who truly need the canines' assistance. The problem has gotten so bad that Canine Companions for Independence — the nation's largest breeding and training service-dog program — launched an online petition this week asking the U.S. Department of Justice to take action. "Unfortunately, people are trading on the fact these harnesses and vests have become distinguishing marks of service dogs, so...
  • It Might Be Harder To Fire People For Being Fat Now

    07/09/2013 2:53:56 PM PDT · by 2ndDivisionVet · 13 replies
    Business Insider Australia ^ | July 9, 2013 | Erin Fuchs
    New Jersey Governor Chris Christie recently had gastric bypass surgery to help him lose weight.The American Medical Association’s decision to call obesity a “disease” instead of a medical condition could make it harder to discriminate against fat employees, The Wall Street Journal Law Blog reports. Now that obesity is a disease, people with body mass indexes of more than 30 are almost certainly covered under The Americans with Disabilities Act, attorney Jon Hyman told the Law Blog. That 1990 law says employers have to provide disabled workers with “reasonable accommodations” to help them do their jobs. It also makes it...
  • Food Allergies Are Now A Disability Under ADA

    05/03/2013 6:45:33 PM PDT · by TurboZamboni · 77 replies
    the last resistance ^ | 5-3-13 | mark home
    Lesley University is not nearly so isolated, but it has the same mandatory policy about its student cafeteria. There was a problem however. Several students had Celiac disease. They needed to eat gluten free in order to not get sick. So naturally they told the college and the college allowed them an exception to the mandatory cafeteria plan, letting them keep the money and use it to buy gluten-free food off campus. Right? No, the students sued the college to mandate that the college accommodate them. I don’t feel sorry for Lesley because, frankly, I still bear a grudge against...
  • Family sues Golden Corral over ADA

    02/22/2013 10:34:18 AM PST · by chessplayer · 49 replies
    WESTLAND, Mich., Feb. 21 (UPI) -- The owners of a Michigan buffet restaurant are being sued in federal court for allegedly kicking out a family whose children suffer from a rare skin disorder. A lawsuit filed Wednesday against a Westland Golden Corral alleges the restaurant's owners, Kirit and Shakuntla Patel, violated the Americans with Disabilities Act by refusing to serve the family, The Detroit News reported. The lawsuit alleges that restaurant manager David Robinson approached the family and asked Duford "What is wrong with your baby?" Duford said nothing was wrong and informed the manager about the skin disease. "She...
  • Obama Admin. Creates Right for Disabled Students to Play Sports

    01/26/2013 7:59:57 AM PST · by servo1969 · 88 replies ^ | 1-25-2013 | Tony Lee
    School districts that do not provide deaf students "a visual cue" alongside a starter pistol to enable them to compete on the track team or create basketball and tennis leagues for students in wheelchairs will be in violation of federal law and could lose government funding. On Friday, the Obama administration declared disabled students "have the right" to "an equal opportunity to participate in their schools' extracurricular activities." In essence, the Obama administration established the right for disabled students to play wheelchair basketball or wheelchair tennis. The U.S. Department of Education sent a guidance letter to schools, school districts, and...
  • U.N. Disabilities Treaty Would Limit U.S. Sovereignty

    11/29/2012 4:17:47 PM PST · by raptor22 · 12 replies
    IBD EDITORIALS ^ | November 29, 2012
    Rights: The Senate is considering a treaty which says "disability is an evolving concept" and which would infringe on U.S. sovereignty and the right to raise our children as American families see fit. Those who thought that the Americans With Disabilities Act (ADA) adequately guaranteed the rights of the handicapped to have access to all facets of American life were apparently wrong. The U.S. Senate is considering ratifying the Convention on the Rights of Persons with Disabilities (CRPD), which President Obama signed in 2009 and which goes well beyond mandating wheel-chair ramps for public buildings. CRPD doesn't even bother to...
  • Yuba City(CA) Pays Man To Stop Frivolous ADA Lawsuits

    10/16/2012 10:08:26 AM PDT · by matt04 · 17 replies
    CBS Sacramento ^ | October 13, 2012 10:58 PM
    A disability debacle is playing out in Yuba City as officials are paying a man to stay away. And because of it, he’s cashing in. Yuba City officials say the man is attacking small business owners with frivolous lawsuits. This settlement agreement is the first of its kind in the state, and while it does give the city and businesses a moment of relief from one man, it also opens the floodgates for others to cash in on their decision. Owners of JJ’s Tools and Merchandise shop off Gray Avenue say they are relieved a notorious local man will not...
  • Those cement bubbles on sidewalk corners are costing you a lot of money! (858 Million)

    10/08/2012 10:41:15 AM PDT · by Kid Shelleen · 69 replies
    Philadelphia Daily News ^ | 10/08/2012 | Stu Bykofsky
    First time hearing those words? The little bumps under your feet are picking the city's pocket. Truncated domes - also known as "tactile warning strips" - are those bumps the size of elevator call buttons that blister the surface of recently installed ramps at street corners, by order of the feds. The cost to the city - meaning you, the taxpayer - is astronomical. The outlay is required by changing federal regulations, according to Terry Gillen, director of federal affairs for the city of Philadelphia. She is, in effect, the liaison to President Obama from Mayor Nutter, who has been...
  • “Hunter,” a Deaf 3-Year-Old, Told Signing His Name Violates School’s Gun Policy

    08/31/2012 8:37:10 AM PDT · by Altariel · 10 replies
    Free Range Kids ^ | August 28, 2012 | Lenore Skenazy
    Hi Folks!  This is perhaps the most absurd story ever reported here — and that’s saying a lot! A reader named Rachel writes:A Deaf child named Hunter is not allowed to use his name sign because the sign for “Hunter” (a dictionary word) uses the thumb and first two fingers in a gun shape and suggests a shooting motion. Here’s the story.These school officials have lost their ability to reason if they believe stripping a child of his name is necessary for safety under a weapons policy. Educators who are unable to use logic and critical thinking have no business...
  • Wal-Mart sued by disabled over payment machine access

    07/27/2012 10:16:08 AM PDT · by matt04 · 19 replies
    Wal-Mart Stores Inc has been sued by disability rights advocates who accused the world's largest retailer of failing to make payment machines accessible to disabled customers who use wheelchairs and scooters. In what they called the first case of its kind, the plaintiffs accused Wal-Mart of discriminating against disabled customers by mounting "point-of-sale" terminals in many stores at elevated heights that cannot be reached. They said this makes it difficult or impossible for the customers to pay for goods with credit or debit cards, and that Wal-Mart has refused to replace these older-model terminals despite using more accessible equipment in...
  • Feds extend ADA hotel spa, pool lift deadline

    05/22/2012 7:43:23 AM PDT · by Elle Bee · 25 replies
    Key West Citizen and Bait Wrapper ^ | May 22, 2012 | MANDY MILES Citizen Staff
    The federal government on Friday extended its deadline for hotel and guesthouse owners to make pools accessible to people with disabilities. It was good news for Florida Keys lodging owners, many of them still scratching their heads over how to interpret the new rules. The previous deadline for compliance was Monday, but it has been postponed until Jan. 31, according to documents published Friday by the U.S. Department of Justice, which administers the 1991 Americans with Disabilities Act. The extension was granted as a result of questions, confusion and concerns about the requirements of the pool accessibility rules that require...
  • Hotels, rec centers try to slow pool access regs

    04/18/2012 8:55:42 AM PDT · by B Knotts · 27 replies
    AP ^ | 4/18/2012 | Russ Bynum
    SAVANNAH, Ga. (AP) - Owners and managers of swimming pools at hotels, city recreation centers and public parks are scrambling to install mechanical chair lifts to comply with new federal requirements that all public pools be accessible to disabled swimmers. Some hotels fear the cost of the equipment or fines for noncompliance could put them out of business, and an industry lobbyist says others may close their pools this summer if they can't upgrade in time, though the government can offer more time to those having trouble paying for it. Swimmers with disabilities say the changes are overdue. "I couldn't...
  • Pool-mageddon avoided — for now

    03/16/2012 7:29:58 PM PDT · by Tolerance Sucks Rocks · 35 replies
    The Washington Times ^ | March 15, 2012 | Stephen Dinan
    <p>The Justice Department on Thursday issued a 60-day stay of execution for hundreds of thousands of public pools which had been required to install ramps and wheelchair lifts by today or else face lawsuits over violating disability laws.</p>
  • Disabled access rule may close some hotel pools

    03/14/2012 3:40:44 PM PDT · by grundle · 38 replies ^ | March 13, 2012
    Many hotels are faced with making improvements to pools by Thursday or falling out of compliance with the latest accessibility laws for disabled people. Hoteliers must have pool lifts to provide disabled people equal access to pools and whirlpools, or at least have a plan in place to acquire a lift. If they don't, they face possible civil penalties of as much as $55,000. There are about 51,000 hotels, according to the American Hotel & Lodging Association, and most have pools. The lifts are required by regulations made in 2010 stemming from the Americans With Disabilities Act, a civil rights...
  • Thursday is 'Poolmageddon' for trial lawyers

    03/14/2012 12:14:27 PM PDT · by Nachum · 11 replies ^ | 3/14/12 | Conn Carroll
    President Obama's Department of Justice -- led by Attorney General Eric Holder -- has found a new way to make the Americans with Disabilities Act pay off for Democratic trial lawyer campaign donors. Since the ADA first became law in 1990, the DOJ has been issuing "guidelines" that businesses must follow to comply with a multitude of the nation's civil rights laws. For example, if a restaurant bathroom has a light switch that is 52 inches above the floor, then that business is in compliance. But if the light switch is 53 inches above the floor, than the restaurant owner...
  • Obama's DOJ strikes again: Swimming pools need wheelchair lifts.

    03/14/2012 11:25:37 AM PDT · by dmzTahoe · 67 replies
    The Washington Examiner ^ | 3/13/2012 | Conn Carroll
    President Obama's Department of Justice -- led by Attorney General Eric Holder -- has found a new way to make the Americans with Disabilities Act pay off for Democratic trial lawyer campaign donors...The DOJ has been issuing a growing wave of such guidelines over the years, reaching an ever larger portion of business activities. In September 2010, the DOJ issued guidelines for "recreational facilities," including a new rule that all public access swimming pools must provide a lift capable of moving disabled patrons from their wheelchairs into the water... On Jan. 31 of this year, DOJ granted the industry's call...
  • EEOC: High school diploma requirement might violate Americans with Disabilities Act

    01/01/2012 10:48:30 AM PST · by markomalley · 83 replies
    The Washington Times ^ | 1/1/2012 | Dave Boyer
    Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act. The development also has some wondering if the agency’s advice will result in an educational backlash by creating less of an incentive for some high-school students to graduate. The “informal discussion letter” from the EEOC said an employer’s requirement of a high school diploma, long a standard criteria for screening potential employees, must be “job-related for the position in question and consistent with business...
  • Grandparents kicked out of mall after taking picture of grandson

    12/23/2011 10:12:27 AM PST · by afraidfortherepublic · 90 replies ^ | 12-23-11 | Brandon Lewis
    Two grandparents were kicked out of the University Park Mall Tuesday after they took a picture of their visiting grandson in the Food Court. "We were going to take our grandson, he's five and visiting from California, to see Santa and we were just sitting around the table having something to drink, talking about what we were planning and that's when my husband took the picture," said Grandmother Debbie Cassella. Cassella said immediately a mall employee instructed them to stop taking pictures or they would be thrown out of the mall. "I believe she said you can't take pictures at...
  • Lawsuit: Hershey school rejects HIV-positive boy

    12/03/2011 6:26:52 AM PST · by massmike · 41 replies ^ | 12/03/2011 | Associated Press
    A private boarding school connected with the Hershey chocolate company says it was trying to protect other students when it denied admission to a Philadelphia-area teenager because he is HIV-positive. The AIDS Law Project of Pennsylvania filed a lawsuit on behalf of the unidentified boy in U.S. District Court in Philadelphia on Wednesday, claiming the Milton Hershey School for disadvantaged students violated the Americans with Disabilities Act. School officials acknowledged that the 13-year-old boy was denied admission because of his medical condition. They said they believed it was necessary to protect the health and safety of the 1,850 others enrolled...
  • Wheelchair bound woman claims shelter couldn't accommodate her during storm

    11/30/2011 5:05:37 PM PST · by matt04 · 15 replies · 1+ views
    A West Hartford woman confined to a wheelchair plans to file a complaint with the Department of Justice and the town, claiming the town's emergency shelter could not accommodate her wheelchair during the storm. Sharon Denson says she couldn't get her wheelchair up to the shelter and the elevator didn't have power. Denson, who has been in a wheelchair for about 8 years due to muscular dystrophy, met with a member of the fire department who said some firefighters could carry her up. But she says that was not a reasonable solution given what could have gone wrong. "I was...
  • Small-business owners targets of ADA lawsuits

    11/16/2011 11:58:17 AM PST · by SmithL · 11 replies
    San Francisco Chronicle ^ | 11/16/11 | Andrew S. Ross
    One of the recurring scourges facing small-business owners in the Bay Area is the often frivolous lawsuits filed under provisions of the Americans with Disabilities Act. The Chronicle has done a number of stories about the problem, relating the travails of bookstore, restaurant and retail store owners in San Francisco who have either been put out of business or essentially extorted to cough up thousands of dollars - which go into the plaintiffs' and lawyers' pockets - to settle the complaints out of court. Now, the U.S. Chamber of Commerce is getting into the act, initially on behalf of Latino...
  • Man Sues White Castle Over Booth Size

    09/12/2011 4:31:25 PM PDT · by lowbridge · 85 replies
    Yahoo ^ | September 12, 2011 | Adriana Diaz
    One devoted White Castle customer is suing the restaurant chain because he can't fit into the restaurant's booths. Martin Kessman, who weighs 290 pounds, complained to management for more than two years after repeatedly knocking his knee into the tables' metal supports. After the 64-year-old New York stockbroker sent a series of letters of complaint to the chain, he received what he called condescending responses. White Castle sent him free hamburger coupons and promised that it would expand its booth sizes. But the booths were never changed and Kessman is now taking his case to federal court. He is suing...
  • ADA lawsuits questioned after serial plaintiff claiming emphysema caught on tape hiking

    09/01/2011 2:03:15 PM PDT · by MrLegalReform · 15 replies
    KABC ^ | 8-26-2011 | Marc Brown
    A man who has filed well over a hundred lawsuits against local small-business owners says he's an advocate for the disabled. His critics say what he does is harassment and extortion. James Farkus Cohan says he's disabled with end-stage emphysema. He sues small businesses, claiming those businesses are violating the Americans with Disabilities Act (ADA). Cohan has filed at least 161 lawsuits... Eyewitness News caught up with Cohan after his daily hike up a steep hill near his Sun Valley home. He was hiking without a wheelchair, walker or oxygen tank.
  • Feds to Trucking Company: You Cannot Fire Alcoholic Drivers

    08/30/2011 4:01:59 PM PDT · by opentalk · 34 replies ^ | August 30, 2011 | Lachlan Markay
    The federal government has sued a major trucking company for its refusal to hire as drivers individuals with admitted alcohol abuse problems. Alcoholism is classified as a disability under the Americans with Disabilities Act, the suit maintains, and therefore emploees cannot be prohibited even from driving 18 wheelers due to their histories of abuse. The Equal Employment Opportunity Commission, which filed the suit against the Old Dominion Freight Line trucking company on August 16, noted that while “an employer’s concern regarding safety on our highways is a legitimate issue, an employer can both ensure safety and comply with the ADA.”
  • Separation of Church and State

    06/27/2011 7:13:27 AM PDT · by marbren · 37 replies
    The Equal Employment Opportunity Commission (EEOC) sued the employer, asserting a retaliation claim under the Americans with Disabilities Act (ADA). The trial court dismissed the claim, based on the "ministerial exception" to the ADA. The 6th Circuit vacated the trial court's dismissal. The ministerial exception is codified in the ADA (42 USC Section 12113(d)), but it is rooted in the 1st Amendment and has been applied to Title VII and other employment discrimination statutes. The EEOC's claim arose from the discharge of a teacher from a sectarian school, and the primary issue on appeal was whether the teacher was a...
  • Top Arabic Jihadi forums, 05 June 2011

    06/04/2011 4:30:34 PM PDT · by Cindy · 49 replies ^ | June 4, 2011 | n/a
    SNIPPET: "Note: PWP stands for PassWord-Protected, meaning that a login is required to view - let alone participate in - discussions. Since some in the audience don't understand the significance of this, allow me to spell it out: if only members can read the forum, then anyone observed reading the forum is a member. They have zero deniability (they couldn't have accidentally "wandered into" the site), and they had to make the effort to join (an expression of intent). While the goal here is to present a range of sites, the fact is that the jihadis themselves have largely coalesced...