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Yes. There are "numerous stories" ... most of them hyperbolic exaggerations or fabrications. Here's how that works: sensationalist stories sell news and support extreme positions of politicians and special interest groups. Thus, hundreds of examples of violations being challenged are vociferously reported -- while many millions of American citizens are beneficially served by the ADA provisions for quality American life, without notice.
Also note that any successful "predatory litigation" is based on an actual violation -- not fraud.
Further, if it was so common, then there would be hundreds of thousands of cases at least for you to cite. And there aren't. And you likely couldn't find even one single case of a business going under as a result of forced compliance of ADA requirements.
Speaking of "prejudice" and getting an "education" ... I have made it a volunteer commitment for years to assist the disabled in legal, medical, and financial challenges -- including violations of ADA law. I am not an attorney. I do not make one cent. I know a very great deal about ADA law and litigation. One of my sisters is, in fact, a government contracted lawyer who investigates and educates ADA legal cases.
Try living without sight and or hearing, legs, with seizures, or other such -- then we'll discuss prejudice.
Thank you for confirming your prejudice for me - it is clear that you aren't interested in facts - you didn't even take time to ready anything that I linked to.
That man has 300 lawsuits - over a wide geographical area. He is not having accessibility problems - he is purposely looking for places to sue so that he can make money off of the ADA law. Is that what you want - people using a law that was supposed to be beneficial to handicapped persons to make a profit for themselves?
Do some actual study on this and get back to me. You are really in the dark - because you won't open your eyes.
Further, if it was so common, then there would be hundreds of thousands of cases at least for you to cite.
There are many cases for me to cite - I am not your secretary and I am not going to go to the library and look up the past issues of newspapers that i have read over the past ten years - nor do online research that you can do yourself. If you are truly interested then you can find all this out for yourself. I think that you want to be willfully ignorant.
If it is so uncommon as you suggest - then why was this bill introduced into the California state Senate?
And the ADA law doesn't state that we are ... it stipulates that "equal access" of "reasonable accommodation" should be made available. That is to say that to the extent possible and reasonable, persons with disabilities should be afforded comparable access ... When I refer to such American principals as "Life, Liberty, and the Pursuit of Happiness" ... and "All men are created equal" I do so in the "spirit" of equality on which our nation was founded. That's the spirit of citizenship I enlisted to support through military service -- and in which service I gave up various aspects of my personal "equality" of being.
Quote:
Originally Posted by plwhit
So after this when does the government mandate that all streets and highways be made safe for blind drivers?
Read above. Your sarcasm is of exceedingly low character without foundation.
I didn't detect any sarcasm. You are the one who wants "equal access" - if so then why shouldn't highways be made accesible to blind drivers?
It looks like they will be in Cali. Just read this post on another thread........
""Californian senators have passed a bill that looks set to make the state the second in the US to approve self-driving cars on its roads. The bill was passed unanimously by state senators, and now hits the desk of governor Jerry Brown, who's expected to sign it into law. It calls on the California Department of Motor Vehicles to start developing standards and licensing procedures for autonomous vehicles. 'This bill would require the department to adopt safety standards and performance requirements to ensure the safe operation and testing of 'autonomous vehicles', as defined, on the public roads in this state,' it reads."
Lawyers already circling for that first crash victim of the self driving vehicle I'm sure.
Thank you for confirming your prejudice for me - it is clear that you aren't interested in facts - you didn't even take time to ready anything that I linked to.
That man has 300 lawsuits - over a wide geographical area. He is not having accessibility problems - he is purposely looking for places to sue so that he can make money off of the ADA law. Is that what you want - people using a law that was supposed to be beneficial to handicapped persons to make a profit for themselves?
Do some actual study on this and get back to me. You are really in the dark - because you won't open your eyes.
Upset are you? Please note my quote of your post. You added your links after I quoted and was writing my response.
Now, that said, your links do not conflict in the slightest with what I wrote. You can cite hundreds and even maybe thousands of cases ... and every one of them is based on a real violation. So if there are dozens of people out there hunting for ADA violations and filing hundreds of lawsuits, what is the reality that supports that? Violations of law. Do you support violations of law? Bottom line is: you have no comparison to the good done by the ADA law.
Example outside of the ADA: there are also lots of stories of welfare fraud in America, right? Yet the studies show that there is only about a 2% - 3% fraud rate in claims. So, while many millions of dollars are lost to welfare fraud, it only amounts to a couple of percent of the application of the safety net. Thus the service is far far greater than the losses. Meanwhile, everyday people -- including perhaps even yourself -- cheat the government through various tax evasions and lies -- to the tune of $335 billion dollars per year. So if you want to fight injustice that damages our country - why not start with something big? Easier to pick on the disabled?
I am in the dark? As a person disabled for 45 years, married to a disabled person, and who assists the disabled in ADA issues -- I suspect it is you who can't find the light switch.
Upset are you? Please note my quote of your post. You added your links after I quoted and was writing my response.
Now, that said, your links do not conflict in the slightest with what I wrote. You can cite hundreds and even maybe thousands of cases ... and every one of them is based on a real violation. So if there are dozens of people out there hunting for ADA violations and filing hundreds of lawsuits, what is the reality that supports that? Violations of law. Do you support violations of law? Bottom line is: you have no comparison to the good done by the ADA law.
Example outside of the ADA: there are also lots of stories of welfare fraud in America, right? Yet the studies show that there is only about a 2% - 3% fraud rate in claims. So, while many millions of dollars are lost to welfare fraud, it only amounts to a couple of percent of the application of the safety net. Thus the service is far far greater than the losses. Meanwhile, everyday people -- including perhaps even yourself -- cheat the government through various tax evasions and lies -- to the tune of $335 billion dollars per year. So if you want to fight injustice that damages our country - why not start with something big? Easier to pick on the disabled?
I am in the dark? As a person disabled for 45 years, married to a disabled person, and who assists the disabled in ADA issues -- I suspect it is you who can't find the light switch.
You are missing the point.
The law as it is written allows $4,000 to be awarded per violation and the person who files the suit does not even have to be disabled(though they often are) or even have had an accesibility problem(they weren't harmed by the issue). Business owners have corrected problems - yet the lawsuits were still filed and settlement of the lawsuits often costs tens of thousands of dollars.
Now tell me - if these people were just interested in compliance - then why would they continue to pursue a lawsuit after the issue had been corrected?
Answer: money.
Read this - this business owner corrected a minor issue and still got hit for "damages".
"Last week, news was made as today’s deadline approached for commercial and municipal swimming pool owners to install means, by which disabled swimmers could enter the nation’s swimming pools. Today, this regulation was supposed to go into effect, opening up the owners to $100,000 fines as well as trial lawyer liability. However, thanks to the kindness of the Justice Department, existing pools now have until January 2013 to comply. Purchase and operation of these mechanical arms or “elevators” that lower people into the pool cost northward of $10k."
About that Justice Department "kindness" -- do you think the extension to 2013 has anything to do with 2012 being the summer before the presidential election?
Because who is going to be hurt by yet another regulation from the Obama administration if motels, apartment complexes, campgrounds and town/community pools can't come up with the money needed to comply and have to shut down their pools?
The small businesses will be hurt as people will opt for the places that can afford the apparatus required by the Obama administration regulation.
Poor kids will be hurt especially in the states with long hot summers.
You might even be hurt if you stay at motels or campgrounds.
As the article says, this one isn't going to impact the millionaires.
That's alright once the regulation cripples (he! he!) the pools the Gubment will then intiate the Federal Pool Bill demanding Implementation and oversight of Community pools all for the sake of equality - I mean it's under the welfare clause.
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