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	<title>
	Comments on: ADA &#8220;is not necessarily complied with when disabled&#8230;people are treated the same”	</title>
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	<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Fri, 03 Mar 2017 18:07:25 +0000</lastBuildDate>
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	<item>
		<title>
		By: SVT		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344508</link>

		<dc:creator><![CDATA[SVT]]></dc:creator>
		<pubDate>Fri, 03 Mar 2017 18:07:25 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344508</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344336&quot;&gt;Regret&lt;/a&gt;.

It was written in Braille  - and the customer burned his fingertips reading the warning.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344336">Regret</a>.</p>
<p>It was written in Braille  &#8211; and the customer burned his fingertips reading the warning.</p>
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		<title>
		By: Cecil		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344471</link>

		<dc:creator><![CDATA[Cecil]]></dc:creator>
		<pubDate>Mon, 27 Feb 2017 16:56:50 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344471</guid>

					<description><![CDATA[Night only makes a difference for the photonically dependant folks...  The typical blind person can navigate as well with or without light.  After all, the typical blind person isn&#039;t using light to navigate...  And sound doesn&#039;t change due to the presence or lack of photons.  As for clothing, I can&#039;t say that I ever worried about what color clothes I was wearing at night.  After all, my cane is wrapped in highly reflective materials and it&#039;s white... and swinging.  Only problem I ever had so far was during the day where an older lady backed into my dog (when I had one) and me, not sure anything short of a brass band would have helped there.  After all, he was a huge gsd and I&#039;m 6&#039;8&quot;, but she was more interested in traffic than checking to insure that the sidewalk was clear.]]></description>
			<content:encoded><![CDATA[<p>Night only makes a difference for the photonically dependant folks&#8230;  The typical blind person can navigate as well with or without light.  After all, the typical blind person isn&#8217;t using light to navigate&#8230;  And sound doesn&#8217;t change due to the presence or lack of photons.  As for clothing, I can&#8217;t say that I ever worried about what color clothes I was wearing at night.  After all, my cane is wrapped in highly reflective materials and it&#8217;s white&#8230; and swinging.  Only problem I ever had so far was during the day where an older lady backed into my dog (when I had one) and me, not sure anything short of a brass band would have helped there.  After all, he was a huge gsd and I&#8217;m 6&#8217;8&#8243;, but she was more interested in traffic than checking to insure that the sidewalk was clear.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344470</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Mon, 27 Feb 2017 16:50:21 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344470</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344461&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

Even in the daytime, he still wouldn&#039;t be allowed to walk through the drive-thru.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344461">Hugo S Cunningham</a>.</p>
<p>Even in the daytime, he still wouldn&#8217;t be allowed to walk through the drive-thru.</p>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344461</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Mon, 27 Feb 2017 05:14:30 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344461</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344456&quot;&gt;markm&lt;/a&gt;.

@markm--
The same way he gets there in daylight hours (eg using his cane to stay on sidewalks), provided the neighborhood has sidewalks and a reasonable amount of streetlighting.  Not being blind, I don&#039;t know if blind pedestrians try to wear bright clothing at night; if so, someone else would have to pick it out for them.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344456">markm</a>.</p>
<p>@markm&#8211;<br />
The same way he gets there in daylight hours (eg using his cane to stay on sidewalks), provided the neighborhood has sidewalks and a reasonable amount of streetlighting.  Not being blind, I don&#8217;t know if blind pedestrians try to wear bright clothing at night; if so, someone else would have to pick it out for them.</p>
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		<title>
		By: markm		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344456</link>

		<dc:creator><![CDATA[markm]]></dc:creator>
		<pubDate>Mon, 27 Feb 2017 02:58:54 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344456</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344362&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

How would the blind person safely get to McDonald&#039;s after dark, anyway?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344362">Hugo S Cunningham</a>.</p>
<p>How would the blind person safely get to McDonald&#8217;s after dark, anyway?</p>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344406</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Fri, 24 Feb 2017 02:47:43 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344406</guid>

					<description><![CDATA[One could also ban drive-through after hours and require everyone to line up together at the window...

&quot;Why can&#039;t he eat at that open restaurant a mile down the road.  Any idiot can see it.  Is he blind or something?  (Oh...)&quot;

Sorry, folks, I still support the blind guy.]]></description>
			<content:encoded><![CDATA[<p>One could also ban drive-through after hours and require everyone to line up together at the window&#8230;</p>
<p>&#8220;Why can&#8217;t he eat at that open restaurant a mile down the road.  Any idiot can see it.  Is he blind or something?  (Oh&#8230;)&#8221;</p>
<p>Sorry, folks, I still support the blind guy.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344403</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Thu, 23 Feb 2017 21:29:34 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344403</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344399&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

Hugo, 

Assume for a second that the person who wanted the service was sighted.  

Who would pay for the taxi then?

Being served in a &lt;b&gt;drive&lt;/b&gt;-thru requires a &lt;b&gt;car.&lt;/b&gt;  

This person is not being denied a meal because he is blind, but because of a lack of a &lt;b&gt;car.&lt;/b&gt; 

He is being treated and given the same level of service as everyone else who doesn&#039;t have a vehicle.  

In essence, the man doesn&#039;t want an accommodation or consideration because he is being denied a service on the basis of his disability.  Instead, he is wanting to be treated differently than others who are lacking a &lt;b&gt;car&lt;/b&gt;as well.  

Sorry, but he has no right to demand that McDonalds or any company put their employees at risk in order for him to get special treatment above and beyond what others are offered.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344399">Hugo S Cunningham</a>.</p>
<p>Hugo, </p>
<p>Assume for a second that the person who wanted the service was sighted.  </p>
<p>Who would pay for the taxi then?</p>
<p>Being served in a <b>drive</b>-thru requires a <b>car.</b>  </p>
<p>This person is not being denied a meal because he is blind, but because of a lack of a <b>car.</b> </p>
<p>He is being treated and given the same level of service as everyone else who doesn&#8217;t have a vehicle.  </p>
<p>In essence, the man doesn&#8217;t want an accommodation or consideration because he is being denied a service on the basis of his disability.  Instead, he is wanting to be treated differently than others who are lacking a <b>car</b>as well.  </p>
<p>Sorry, but he has no right to demand that McDonalds or any company put their employees at risk in order for him to get special treatment above and beyond what others are offered.</p>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344399</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Thu, 23 Feb 2017 17:18:17 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344399</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344374&quot;&gt;Jim Collins&lt;/a&gt;.

Jim--
Some areas, particularly in cities with robust medallion  laws, have spotty taxi service.  And, to preserve equal access, who should pay for it?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344374">Jim Collins</a>.</p>
<p>Jim&#8211;<br />
Some areas, particularly in cities with robust medallion  laws, have spotty taxi service.  And, to preserve equal access, who should pay for it?</p>
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		<title>
		By: Wilbur		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344383</link>

		<dc:creator><![CDATA[Wilbur]]></dc:creator>
		<pubDate>Wed, 22 Feb 2017 19:55:34 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344383</guid>

					<description><![CDATA[I hope Bob Dole is proud.]]></description>
			<content:encoded><![CDATA[<p>I hope Bob Dole is proud.</p>
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		<item>
		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344377</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Wed, 22 Feb 2017 17:27:51 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=63276#comment-344377</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344361&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

Sorry Hugo, but you can&#039;t get away with that type of thinking.  It is far too limited in scope.  (sarcasm alert!)

A fifteen year old doesn&#039;t have a car.  (Wouldn&#039;t that be age discrimination?)

The elderly can&#039;t see well at night.  Some no longer have cars.  Shouldn&#039;t McDonald&#039;s then be required to deliver to the elderly&#039;s homes?  (More age discrimination!)

What about people who don&#039;t have cars?  (Transportation discrimination! Abuse of the poor!)  

Public transportation won&#039;t take people through the drive-thru!  (More discrimination against those who don&#039;t have cars!)

The drive-thru cannot accommodate (there&#039;s that word again) semi-trucks and the &quot;big rigs.)  To say nothing of large mobile homes.  (Isn&#039;t that job discrimination because the truck driver can&#039;t choose what he is driving?)

As to the mobile home people, they can afford a mobile home so they must be too &quot;rich.&quot;  Forget them.  They&#039;re vehicles hurt the environment anyway.

What about people in wheelchairs?  (Another ADA violation!)

What about people whose licenses have been suspended?  (Disparate impact!)

So you see, you really need to think this thing through more than you have.  There is lot more opportunities for lawyers to appear in front of a judge arguing that their client(s) have a Constitutional right to a Happy Meal.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/02/ada-not-necessarily-complied-disabled-people-treated/comment-page-1/#comment-344361">Hugo S Cunningham</a>.</p>
<p>Sorry Hugo, but you can&#8217;t get away with that type of thinking.  It is far too limited in scope.  (sarcasm alert!)</p>
<p>A fifteen year old doesn&#8217;t have a car.  (Wouldn&#8217;t that be age discrimination?)</p>
<p>The elderly can&#8217;t see well at night.  Some no longer have cars.  Shouldn&#8217;t McDonald&#8217;s then be required to deliver to the elderly&#8217;s homes?  (More age discrimination!)</p>
<p>What about people who don&#8217;t have cars?  (Transportation discrimination! Abuse of the poor!)  </p>
<p>Public transportation won&#8217;t take people through the drive-thru!  (More discrimination against those who don&#8217;t have cars!)</p>
<p>The drive-thru cannot accommodate (there&#8217;s that word again) semi-trucks and the &#8220;big rigs.)  To say nothing of large mobile homes.  (Isn&#8217;t that job discrimination because the truck driver can&#8217;t choose what he is driving?)</p>
<p>As to the mobile home people, they can afford a mobile home so they must be too &#8220;rich.&#8221;  Forget them.  They&#8217;re vehicles hurt the environment anyway.</p>
<p>What about people in wheelchairs?  (Another ADA violation!)</p>
<p>What about people whose licenses have been suspended?  (Disparate impact!)</p>
<p>So you see, you really need to think this thing through more than you have.  There is lot more opportunities for lawyers to appear in front of a judge arguing that their client(s) have a Constitutional right to a Happy Meal.</p>
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