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	Comments on: ADA&#8217;s anniversary, cont&#8217;d	</title>
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	<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/</link>
	<description>Chronicling the high cost of our legal system</description>
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		By: Obama Justice Department Uses Americans with Disabilities Act to Harm the Disabled, Risk Lives, and Undermine Safety&#160;&#124;&#160;OpenMarket.org		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-97637</link>

		<dc:creator><![CDATA[Obama Justice Department Uses Americans with Disabilities Act to Harm the Disabled, Risk Lives, and Undermine Safety&#160;&#124;&#160;OpenMarket.org]]></dc:creator>
		<pubDate>Mon, 09 Aug 2010 17:13:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-97637</guid>

					<description><![CDATA[[...] most-liberal federal appeals court recently ruled against Chipotle in a lawsuit that will lead to hundreds of thousands of dollars in damages and attorney fees&#8211;and a catch-22 against the company, which must lower its [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] most-liberal federal appeals court recently ruled against Chipotle in a lawsuit that will lead to hundreds of thousands of dollars in damages and attorney fees&#8211;and a catch-22 against the company, which must lower its [&#8230;]</p>
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		<title>
		By: Ross Douthat, &#8220;Did The Americans With Disabilities Act Work?&#8221;		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96565</link>

		<dc:creator><![CDATA[Ross Douthat, &#8220;Did The Americans With Disabilities Act Work?&#8221;]]></dc:creator>
		<pubDate>Fri, 30 Jul 2010 22:54:58 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96565</guid>

					<description><![CDATA[[...] the discussion from my Cato piece earlier this week [New York Times, citing Jonathan Cohn/New Republic]. Other [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] the discussion from my Cato piece earlier this week [New York Times, citing Jonathan Cohn/New Republic]. Other [&#8230;]</p>
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		<title>
		By: Melvin H.		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96498</link>

		<dc:creator><![CDATA[Melvin H.]]></dc:creator>
		<pubDate>Fri, 30 Jul 2010 04:42:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96498</guid>

					<description><![CDATA[Or, to take Richard&#039;s point further:  When do we start seeing the lawsuits forcing the NCAA, the WNBA, and the NBA to get wheelchair basketball players into their leagues?  When do we see the lawsuits against the airlines (are there pilots who need wheelchairs on the major airlines?)   How about the lack of officials in sports who are blind (really, not the epithet thrown around, usually at baseball games)?
    Where is the line drawn, short of full repeal of the ADA?]]></description>
			<content:encoded><![CDATA[<p>Or, to take Richard&#8217;s point further:  When do we start seeing the lawsuits forcing the NCAA, the WNBA, and the NBA to get wheelchair basketball players into their leagues?  When do we see the lawsuits against the airlines (are there pilots who need wheelchairs on the major airlines?)   How about the lack of officials in sports who are blind (really, not the epithet thrown around, usually at baseball games)?<br />
    Where is the line drawn, short of full repeal of the ADA?</p>
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		<title>
		By: ADA and the ‘Chipotle Experience’ &#124; Think Tank West		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96462</link>

		<dc:creator><![CDATA[ADA and the ‘Chipotle Experience’ &#124; Think Tank West]]></dc:creator>
		<pubDate>Thu, 29 Jul 2010 20:01:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96462</guid>

					<description><![CDATA[[...] now faces hundreds of thousands of dollars in damages.” The ruling arrives just in time for the ADA&#8217;s 20th anniversary, which, as the Washington Post notes, is serving as the occasion for a virtual binge of new [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] now faces hundreds of thousands of dollars in damages.” The ruling arrives just in time for the ADA&rsquo;s 20th anniversary, which, as the Washington Post notes, is serving as the occasion for a virtual binge of new [&#8230;]</p>
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		<title>
		By: Aaron Worthing		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96449</link>

		<dc:creator><![CDATA[Aaron Worthing]]></dc:creator>
		<pubDate>Thu, 29 Jul 2010 18:54:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96449</guid>

					<description><![CDATA[Mmm, i think i have said it before, but let me simplify it:

Before the ADA: high school drop out (or push out as disabled people call it).

After the ADA: lawyer and all around contributor to society.

No law is perfect, no law can&#039;t be tweaked a little and even fully tweaked every law will be subject to abuse.  But if you look at its whole effect it is a net positive good for our society.

To butcher a phrase from Reagan, if you give a paraplegic man a fish, he will eat for a day; but if you make the docks wheelchair accessible, he&#039;ll eat forever.

i will add that the lawsuits you hear about tend to be disproportionately unmeritorious.  The slam dunk situations--the new construction with  no wheelchair ramps at all, for instance--those aren&#039;t even litigated.  to the degree they even occur these days, they are settled once a lawyer explains to the client just how wrong they are.  So typically the only cases litigated are the ones that prompt a fight.  Now some prompt fights because the prejudice is uniquely entrenched (LD rights come to mind), but of course the truly ridiculous cases (like Chipolte above) are also more likely to be litigated, because they are ridiculous.]]></description>
			<content:encoded><![CDATA[<p>Mmm, i think i have said it before, but let me simplify it:</p>
<p>Before the ADA: high school drop out (or push out as disabled people call it).</p>
<p>After the ADA: lawyer and all around contributor to society.</p>
<p>No law is perfect, no law can&#8217;t be tweaked a little and even fully tweaked every law will be subject to abuse.  But if you look at its whole effect it is a net positive good for our society.</p>
<p>To butcher a phrase from Reagan, if you give a paraplegic man a fish, he will eat for a day; but if you make the docks wheelchair accessible, he&#8217;ll eat forever.</p>
<p>i will add that the lawsuits you hear about tend to be disproportionately unmeritorious.  The slam dunk situations&#8211;the new construction with  no wheelchair ramps at all, for instance&#8211;those aren&#8217;t even litigated.  to the degree they even occur these days, they are settled once a lawyer explains to the client just how wrong they are.  So typically the only cases litigated are the ones that prompt a fight.  Now some prompt fights because the prejudice is uniquely entrenched (LD rights come to mind), but of course the truly ridiculous cases (like Chipolte above) are also more likely to be litigated, because they are ridiculous.</p>
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		<title>
		By: &#8220;Good Lord, people are complaining because they can&#8217;t see a taco, get a life&#8221;		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96388</link>

		<dc:creator><![CDATA[&#8220;Good Lord, people are complaining because they can&#8217;t see a taco, get a life&#8221;]]></dc:creator>
		<pubDate>Thu, 29 Jul 2010 13:43:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96388</guid>

					<description><![CDATA[[...] &#8220;Chipotle Experience discriminates against the disabled&#8221; ruling. Earlier here. And Ted at PoL notes this significant passage rejected by the appeals court:  The [district] court [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] &#8220;Chipotle Experience discriminates against the disabled&#8221; ruling. Earlier here. And Ted at PoL notes this significant passage rejected by the appeals court:  The [district] court [&#8230;]</p>
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		<title>
		By: Melvin H.		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96302</link>

		<dc:creator><![CDATA[Melvin H.]]></dc:creator>
		<pubDate>Thu, 29 Jul 2010 03:10:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96302</guid>

					<description><![CDATA[THere is one other possibility:  Shakey&#039;s Pizza used to allow customers to watch their pizzas being made, with glass separating the work area from the customers.  I realize this is a problem with self-service lines and cafeterias (especially the conflict with health laws vs. the ADA).

Seems to me there should be an amendment to the ADA:  &quot;if a business or other public accomodation is legally following a law, rule, or regulation--or previous court rulings, absent such--which comes into  conflict with the ADA, the ADA does NOT apply at all, and NO suits can be brought under the ADA if such conflict exists.  This would apply to laws such as, but not limited to, health and safety laws, whether local, state and/or federal.  &lt;i&gt;Any such ADA lawsuit brought would be AUTOMATICALLY dismissed, with Rule 11 sanctions against the plaintiffs counsel and full restitution for legal costs &lt;b&gt;assessed against the plaintiff(s) and their counsel(s)&lt;/b&gt; paid to defendant(s) and counsel for defendant(s).&quot;&lt;/i&gt;]]></description>
			<content:encoded><![CDATA[<p>THere is one other possibility:  Shakey&#8217;s Pizza used to allow customers to watch their pizzas being made, with glass separating the work area from the customers.  I realize this is a problem with self-service lines and cafeterias (especially the conflict with health laws vs. the ADA).</p>
<p>Seems to me there should be an amendment to the ADA:  &#8220;if a business or other public accomodation is legally following a law, rule, or regulation&#8211;or previous court rulings, absent such&#8211;which comes into  conflict with the ADA, the ADA does NOT apply at all, and NO suits can be brought under the ADA if such conflict exists.  This would apply to laws such as, but not limited to, health and safety laws, whether local, state and/or federal.  <i>Any such ADA lawsuit brought would be AUTOMATICALLY dismissed, with Rule 11 sanctions against the plaintiffs counsel and full restitution for legal costs <b>assessed against the plaintiff(s) and their counsel(s)</b> paid to defendant(s) and counsel for defendant(s).&#8221;</i></p>
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		<title>
		By: anne		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96277</link>

		<dc:creator><![CDATA[anne]]></dc:creator>
		<pubDate>Wed, 28 Jul 2010 21:26:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96277</guid>

					<description><![CDATA[Perhaps Chipotle could have 2 lines...just like new buildings have duplicate drinking fountains and elevator control panels - to serve those at wheelchair height and those with bad backs/eyesight and giantism.]]></description>
			<content:encoded><![CDATA[<p>Perhaps Chipotle could have 2 lines&#8230;just like new buildings have duplicate drinking fountains and elevator control panels &#8211; to serve those at wheelchair height and those with bad backs/eyesight and giantism.</p>
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		<title>
		By: Jack Wilson		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96275</link>

		<dc:creator><![CDATA[Jack Wilson]]></dc:creator>
		<pubDate>Wed, 28 Jul 2010 20:53:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96275</guid>

					<description><![CDATA[If they lower the counters, wouldn&#039;t that make viewing difficult for those suffering from giantism?

To truly comply with ADA and to accommodate all conceivable handicaps, all facilities need to be available in an  infinity variety of shapes and sizes.]]></description>
			<content:encoded><![CDATA[<p>If they lower the counters, wouldn&#8217;t that make viewing difficult for those suffering from giantism?</p>
<p>To truly comply with ADA and to accommodate all conceivable handicaps, all facilities need to be available in an  infinity variety of shapes and sizes.</p>
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		<title>
		By: anne		</title>
		<link>https://www.overlawyered.com/2010/07/adas-anniversary-contd/comment-page-1/#comment-96266</link>

		<dc:creator><![CDATA[anne]]></dc:creator>
		<pubDate>Wed, 28 Jul 2010 18:42:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=18567#comment-96266</guid>

					<description><![CDATA[@ Allan, 
If the floor were raised 12&quot; and the sneeze guard glass was also raised by the same amount, I suppose it would allow a sight line for someone in a wheelchair. In this case, Chipotle would *also* need 2 4&#039; wide x 20&#039; long ramps (with non-slip flooring) to bring people up and down from the food prep area.]]></description>
			<content:encoded><![CDATA[<p>@ Allan,<br />
If the floor were raised 12&#8243; and the sneeze guard glass was also raised by the same amount, I suppose it would allow a sight line for someone in a wheelchair. In this case, Chipotle would *also* need 2 4&#8242; wide x 20&#8242; long ramps (with non-slip flooring) to bring people up and down from the food prep area.</p>
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