A rather flawed request to tinker with the ADA Restoration Act

March 15, 2008 at 6:39 AM (Uncategorized) (, , , )

Here, they start out well:

and explain how the court’s view and rulings on the ADA has narrowed it so tightly as to be no help at all in employment discrimination cases.


In the view of the U. S. Supreme Court, a person who can successfully use a mitigating device (hearing aid, corrective lenses, medication, etc.) is by definition no longer disabled. And because the person is not disabled, they are no longer protected by the ADA. Your basic “Catch 22.”

Thesis one above: If the condition you use a wheelchair for, use a scooter for, take meds for is mitigated then you are unprotected by the ADA.

Not a ‘few’, ‘some’ ‘most’ many.’

*Any* PWD that uses medicines and or assistive tech to quote “mitigate” unquote their impairment(s) in order to be able to work no longer protected by the ADA by the logic above…which I would argue is a shockingly large percentage of PWD’s with jobs.

But then OOOOOO!!!!!! The Big Scary Broad Definition of Disability *cannot be allowed to become law…????*”

The generous definition of disability could well have an unintended consequence: by expanding eligibility, the new law would lose its focus on the people who need protection the most – those who face persistent and profound obstacles in their effort to secure or maintain employment. Another consequence would harm employers, already burdened by the exacting procedural standards governing their behavior under the ADA. More inclusive eligibility would open the door to potentially frivolous claims.

It is not the fault of someone with a disability that frivolous claims would occur. It is not the responsibility of a person with a disability to suck it up and have their life changed irrevocably because they have no recourse since….frivolous claims would occur.

If they now have no recourse, the definitions *must* change.

If the author here is saying instead that “I believe that anybody can diagnose condition A” and that if we let functional impairment/condition A in the entire country would sue, ” then let’s debate that. Let’s have some nuance and some research.

And of course even that argument is bull because all the courts and legislators would have to do is *talk to a group of people* with impairment/condition A, *before* the law changes and review their stories, and from these, say to themselves…yes, this is disability or, yes, this is disability for some and not others, or no, as far as we can see now this condition never meets even the broader threshold we want, so out it goes, with room to include it later as new evidence comes up.

It  amazes me that a subset of able bodied people *even* now, pontificate about the ADA Restoration Act *without talking with actual PWD’s first.*

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Soy….

March 11, 2008 at 6:46 PM (Uncategorized)

Bleah.

I have to drink soy milk during the workweek…in order to get calories in that don’t interact with conditions I have  while I’m at the office. (work related stress means eating at work has to be restricted)  I’ve been doing that  with variations that have sweetener in them…now, refined further I’m drinking

Unsweetened Soy Milk.

Not to offend vegetarians or vegans, but

O my Gawd.  How do you *stand* this stuff.

I don’t consider it food.  I call it 16 ounces of medicine and leave it at that.

It’s got protein in it and it doesn’t make me ill.  That is utterly all it has to recommend it.

Thank gods for evenings and weekends when I can actually eat food.

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Politics again…

March 8, 2008 at 2:52 PM (Uncategorized) ()

Some of my closest friends will differ with me, on this one.

Some of my closest family will and have also differed with me on this one, since we see many constitutional issues, and the role of government quite differently.

This, like everything else here is my opinion.

The 2000 election was handled questionably in the best light and stolen in the worst.

Then, an organization trained people to fly planes to kill us.

We got afraid enough to permit the Patriot Act. Obviously some countries hated us, but it was by no means universal, at that point. There was geniune sympathy from many quarters.

We went into Afghanistan, ostensibly to bring to justice the organization that trained the guys to fly the planes.

In the midst of not doing that, somebody thought that *then* was the divinely appointed moment to start a preemptive war against another country altogether.

The lives lost, civilian and military, the wounded, money spent, and taxes unpaid by the machinery to persist in this war is a staggering total.

Oil is at 100 a barrel.

Forclosures are up.

Privacy appears to be nonexistent.

the “Department of Justice” is now a misnomer.

Religious fervor matters more than life saving education.

Canada,Europe…they’ll ration care, but they won’t tell someone for *any* care at all you’re on your own. America won’t accept any responsibility to pay for working adults health care. Period.

I didn’t think all of that could be so *quickly* forgotten or ignored.

There are people, self-described liberals, Democrats or Progressives,  who are *ignoring* that entire list of stuff…for their own political purity test.

If a particular Democratic candidate (either of the two frontrunners, depending on who you speak with) gets the nod, well then oh, there will be wailing and gnashing of teeth and they will vote third party, or stay home.

Yep, you heard that right.

Stay. Home.

The last time we did that…was the 2000 election…..and the result was???

We’ve got to vote for someone who will be positioned to at least *attempt* to push our ship of state in a different direction from the top, from the Executive Branch, *has* to be elected this time. Has. To.

Or perpetual war,tent revival,homelessness,economic upheaval and persecution…that’s what the choice to stay home and not vote will buy us.

How happy will the people who “stayed home” out of principle be then?

I’m holding my nose and voting for whomever has the (D) in front of their name in the general.

Do you want to stay ‘pure’ or do you want to save America?

figure it out.

Justin Dart said: “Get involved in politics as if your life depended on it. It does.”

Damn right.

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I wish she was here…

March 8, 2008 at 1:54 PM (Uncategorized)

My paternal great grandomther.

A lively blond child, brightening up the usual still, grim 19th century photograph.

A young married woman, in the jungle with china and mosquito netting, understanding how little control she had when men began drinking. Who had an admirer, who would rather admire than imbibe. But she was married, it was impossible, impossible. So, they had moments of peace in the moonlight with no caress exchanged no improper words spoken.

In Florida, on a farm, with little talent for farming….discovering what strength she had at a terrible price, as her first son died in a dreadful machinery accident.

In ’30 when her husband had headed back to Illinois to sell shoes…and she headed north with her children. He would pass away in 1950. My understanding is that they had always remained apart.

In ’35 when her eldest daughter Jean married…did she know Bob was a bad sort, who would simply ignore his wife and find another in New York City when the war ended?

(“Mommy, why isn’t there any Mr. Patterson for Dad’s Aunt Jean?” I said at six.

“He left her.” Mom said, as usuall, straightforward, but sad.)

The family mood trouble came down from my great grandfather, and made Aunt Jean’s life even tougher, and hurt her younger sister too…

“Mrs. Mac” was a teacher and guidance counselor from the thirties until 1967 retiring from that at age 79. When she was 90 decades of students came to pay respect.

In the 1950’s she helped her son raise his three children, when their mother died.

She always felt all of us were partially her responsibility, even down to great grandchildren….I wonder if that was one of the reasons she carefuly and politely declined to keep company with that long ago admirer when they were both free to do so, and he sent a letter.

From 1931, she lived 36 years as her own mainstay and another 23 with help from her eldest daughter.

My great grandmother was, paradoxically a force for good in this world, and at the same time demanding, or intense, sometimes difficult to live with. Her eldest Jean, no stranger to paying terrible prices went into a depression when her mother died and never recovered from it

I need my great grandmother’s advice. I need to figure out the emotional side of how to do this. How to understand that going it alone is my present and future situation and by God, I have to handle it.

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My list of…

March 2, 2008 at 7:33 PM (Uncategorized) ()

I was going to call it my list of failures, and then I thought, no, my list of changes, and then I thought, f- it they *are* my list of failures and the only thing good about them is that I own them, damnit. On some things I *am* self aware rather than self indulgent, so self aware in fact, that it feels like a basement with a single bright bulb that never goes out, full of messy boxes.

I couldn’t finish my second masters. (Or, find work using my first.)  I mislaid, misplaced or plain had stolen a grey backpack with a bible, and my first lenghthy detailed research notes on the Great Awakening  (I’m unsure if it was the first or second…..it was to be the first piece of a masters thesis) and I just went to my advisor and said “Fcuk it.”  I didn’t see  any way to go back to the beginning and/or pick something else…the stipend was ending, I was about to get married, and I was getting intimations it would be a rough road.

Law School.  Same notation, just alot quicker.

Marriage.   I was unable to reckon that I should just be fine as what they used to call an old maid.  I should have had the strength of will to override love and settle for work.  And, if he wasn’t the wrong person, it was surely the wrong place, time, and convergence of various events past and future to do that.

I didn’t find a way to make my maternal parent mind her own business without moving 1300 miles.  I should have been able to shut out the parts of her communication style that threatened to drive me nuts.  Then, perhaps, I wouldn’t be 1300 miles from the rest of the family, and I wouldn’t have had to reconcile with Mom completely on my own.  (I’m glad I’ve at least managed that.)

I didn’t stay connected to my father’s people well, after he died, and now they’re hurt and mistrustful.   I don’t blame them.

Then there are the things others see as my ‘failures’ which I absolutely have no space in my head to assign the label of ‘faliure’ to

My weight.

Holy Christ.  I’m the same inside person.  Do you like that person?  If *yes* then, not to be rude but STFU.

I used to use crutches but now I can’t.

The foot pain is getting to the point that I use the mute button on the work phone, cry a bit at a sudden sharp moment, and then get back into a customer call.

The walking is done for awhile.  Suck it up.

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