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	Comments on: ADA and disabled rights roundup	</title>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359878</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Thu, 28 May 2020 23:06:58 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359637&quot;&gt;gitarcarver&lt;/a&gt;.

I agree with gitarcarver about pedestrian and bicyclist access to drive-through-only food service, and would be inclined to deny a license to a drive-through place that did not offer such access.  But the drive-through needs statutory immunity for any lawsuits from pedestrian and bicyclist injury in a drive-through lane.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359637">gitarcarver</a>.</p>
<p>I agree with gitarcarver about pedestrian and bicyclist access to drive-through-only food service, and would be inclined to deny a license to a drive-through place that did not offer such access.  But the drive-through needs statutory immunity for any lawsuits from pedestrian and bicyclist injury in a drive-through lane.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359650</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Wed, 20 May 2020 06:53:07 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359616&quot;&gt;cc&lt;/a&gt;.

I&#039;m also wondering how a deaf driver is to communicate with clients.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359616">cc</a>.</p>
<p>I&#8217;m also wondering how a deaf driver is to communicate with clients.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359637</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Tue, 19 May 2020 15:44:32 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73907#comment-359637</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359616&quot;&gt;cc&lt;/a&gt;.

&lt;i&gt;Using a drive through as a walk up is simply not safe.&lt;/i&gt;

Why?

Are drivers so blinded by the thought of a hot taco or burger they can&#039;t see a person standing in the middle of the lane?

I agree that the theory that someone would attempt to hold the restaurant liable for an injury, but that doesn&#039;t make that action right.

If a person were crossing a street and were struck by a car, or even if protesters are blocking traffic and a car pushes them, we generally don&#039;t hold the state or the police accountable for that.  We hold the pedestrian and driver accountable for their actions.  

I happen to ride a bike and have been told that I can not use a drive through.  Motorcycles / scooters / mopeds can use a drive through, but I cannot.  Even though I am under the same laws of the road as motorized vehicles and have to follow those same laws, I can&#039;t get in a line at a drive through?

Where&#039;s the &quot;common sense&quot; in that?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359616">cc</a>.</p>
<p><i>Using a drive through as a walk up is simply not safe.</i></p>
<p>Why?</p>
<p>Are drivers so blinded by the thought of a hot taco or burger they can&#8217;t see a person standing in the middle of the lane?</p>
<p>I agree that the theory that someone would attempt to hold the restaurant liable for an injury, but that doesn&#8217;t make that action right.</p>
<p>If a person were crossing a street and were struck by a car, or even if protesters are blocking traffic and a car pushes them, we generally don&#8217;t hold the state or the police accountable for that.  We hold the pedestrian and driver accountable for their actions.  </p>
<p>I happen to ride a bike and have been told that I can not use a drive through.  Motorcycles / scooters / mopeds can use a drive through, but I cannot.  Even though I am under the same laws of the road as motorized vehicles and have to follow those same laws, I can&#8217;t get in a line at a drive through?</p>
<p>Where&#8217;s the &#8220;common sense&#8221; in that?</p>
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		<title>
		By: cc		</title>
		<link>https://www.overlawyered.com/2020/05/ada-and-disabled-rights-roundup-3/comment-page-1/#comment-359616</link>

		<dc:creator><![CDATA[cc]]></dc:creator>
		<pubDate>Mon, 18 May 2020 19:22:49 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73907#comment-359616</guid>

					<description><![CDATA[Using a drive through as a walk up is simply not safe. The business would be liable for a death. Same with a deaf driver. Sorry but no one who is deaf should drive. They can&#039;t hear other cars or sirens. The law is being pedantic about the ADA and business and common sense are suffering.]]></description>
			<content:encoded><![CDATA[<p>Using a drive through as a walk up is simply not safe. The business would be liable for a death. Same with a deaf driver. Sorry but no one who is deaf should drive. They can&#8217;t hear other cars or sirens. The law is being pedantic about the ADA and business and common sense are suffering.</p>
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