Archive for September, 2003

Access suit closes landmark Calif. eatery

On Lock Sam, a beloved 105-year-old Chinese restaurant in Stockton, Calif., has closed rather than fight a suit filed by a wheelchair-using visitor who says he was humiliated and soiled himself after finding himself unable to use the restaurant’s bathroom. The restaurant owners said 32 employees would be laid off. The customer, Charles Hager, hired Oakland attorney Paul Rein to file a lawsuit demanding triple damages plus attorney fees under state discrimination law. (Jason Williams, “One last trip to On Lock Sam”, Stockton Record, Aug. 18; Michael Fitzgerald and Bruce Spence, “Eatery to close after 105 years”, Jul. 30; Michael Fitzgerald, “Talk before filing that lawsuit”, Jul. 30). The closing prompted an outpouring of discussion, much of it critical of the lawsuit, by Stockton residents (letters, Stockton Record, Aug. 9) including longtime patrons of the restaurant who themselves use wheelchairs or are otherwise disabled (Aug. 18 story, see comments of Fred Hess and Mary Gildner).

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“Doctors avoid close contact; fear threat of impropriety”

“The B.C. College of Physicians and Surgeons says some doctors are reluctant to perform breast and genital examinations because they are worried patients will accuse them of impropriety. ‘Unfortunately, the fear of becoming the subject of a patient complaint has caused some to become reluctant to perform necessary breast and genital examinations, to the obvious detriment of the patient,’ the college says in its annual report.” Some evidence indicates that rates of invasive cervical cancer may be markedly higher among women from ethnic groups with a high cultural aversion to pelvic exams. “Although less than 25 per cent of complaints result in formal disciplinary proceedings and penalties, the college has observed the mere threat of an accusation has meant ‘a significant number of women in this province are not receiving proactive preventative screening for breast and gynecological diseases.'” (Pamela Fayerman, CanWest/Calgary Herald, Aug. 27).

Farewell

I just wanted to give my thanks to Mr. Olson for letting me post a few things here about the law, both within and without the usual range of this blog. If you’d like to read more of my posts, you’ll find me at Crescat Sententia.

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Tobacco: AGs push Hollywood self-censorship

“In a stunning, courageous admission that they no longer have any serious work left to do, attorneys general in two dozen states recently sent a letter to the Motion Picture Association of America asking that Hollywood minimize smoking in movies so youngsters won’t be gulled into lighting up.” (Nick Gillespie, “Tinselectomy”, Reason, Aug. 29). Check out Gillespie’s list of other destructive behaviors that Hollywood glamorizes, especially the last item. Supposedly the self-censorship will be voluntary: “We’re not saying any law has been broken,” said Tom Dresslar, a spokesman for California Attorney General Bill Lockyer, a rather remarkable admission since there is precisely zero reason for any filmmaker to pay attention to this particular grouping of law enforcement functionaries other than the fear that they could cause some sort of legal trouble in the future unless placated. (“States Ask Hollywood to Cut Film Smoking “, AP/Fox News, Aug. 27).

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