Author Archives: Amy Farr Robertson

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About Amy Farr Robertson

Civil Rights Lawyer. Dog Lover. Smartass.

Happy Mothers’ Day

As I prepare for the 10th Circuit on Tuesday (excuses, excuses!) I thought I’d just re-run last year’s Mothers’ Day post. Love you, Mom, Nora, Terri, and all the other amazing moms I know.

Amy Farr Robertson's avatarThought Snax

And a tribute to the awesome mothers in my life.  Thanks for all you’ve taught me.

Mom Ruth Blau and mother-in-law Nora Fox at our wedding in 1993.

Grandmother Edith Blau sometime in the 1980s.

Grandmother Helen Farr Smith (Robertson) Love sometime in the 1950s.

And my sister-in-law Terri Robertson with my niece & nephew and their Aunt Amy — my favorite title!   Photo ca. 2000.  The kids are graduating from middle school & high school, respectively, next month; I have waaaay more gray in my hair; and somehow Terri still looks the same!

Late comment:  What does it say about my obvious genetic heritage as a nerd that both of my *grandmothers* are wearing suits?  Between that and the fact that I was partially gestated at a law school, my inevitable nerdiness was predestined.

My mother is lucky I wasn’t born with a copy of Black’s Law Dictionary in…

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Dog Bites Man*

Justice Scalia Makes Epic Blunder In Supreme Court Opinion.

“This is not the first time EPA has sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns., Inc., 531 U. S. 457 (2001), confronted EPA’s contention that it could consider costs in setting [National Ambient Air Quality Standards],” Scalia wrote in his dissent, which was joined by Justice Clarence Thomas.

The problem: the EPA’s position in the 2001 case was exactly the opposite.

More or less epic than basing an entire judicial career on the fallacy that he can accurately interpret the intent of the drafters 100% of the time and that, coincidentally, it favors the desired conservative legal outcome 100% of the time?

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* No dogs were harmed in the drafting of this post, though a number of them may have been insulted by the unfortunate comparison to Justice Scalia.

WWJF

Who Would Jesus Fear?

The residents of Indian Village are fighting mad about the potential location of a group home for mentally ill youth in southwest Louisiana’s Allen parish.

“We don’t have a problem helping people,” said 57-year-old resident Beth Courville. “We are a Christian community, a hard-working community.”

“Our fear is fear itself. We don’t know what’s going to be in our backyard,” said Courville. “We would like to stop this nightmare from happening to another community.”

You keep using that word. I do not think it means what you think it means.

Litigation triumph (with photographic incompetence).

As we announced earlier on CREEC’s website, we finally settled the almost 12-year-old Taco Bell case.  Although the settlement requires notice and court approval, we decided to indulge in a bit of BBQ-based celebration on Thursday evening at T-Rex in Berkeley with most but not all of our wonderful team.   Unfortunately, my stubborn insistence on never using the pop-up flash on my camera resulted in some pretty blurry and/or grainy photos.  Blerg.  I’m now looking for an external flash for an Olympus XZ-2 that can tilt but that does not turn the whole thing into a giant, lumbering, unwieldy piece of photographic equipment.

On to our team!  Here is the core litigation team — sans Tony Lawson, who was in LA, and Brad Seligman, who is now The Hon. and had pre-existing obligations relating to his talented musical daughters. It also doesn’t include the wonderful Dan Goldstein, who joined the team last fall to assist with settlement and who deserves huge heaping helpings of praise (and, later, scotch) for his successful efforts.

Below:  lawyers Tim Fox, me, Mari Mayeda, and Jocelyn Larkin and Named Plaintiff (and disability rights goddess) Corbett.

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Bill Lee, who through his own work and that of his firm, was incredibly helpful to and supportive of our case.

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Co-counsel Robert Schug and Jocelyn Larkin of the Impact Fund and mentor Lainey Feingold.  (I really do need to investigate the flash situation….)

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Future civil rights rock stars Sarah Morris (CREEC) and Meredith Johnson* (Impact Fund) plotting world domination.

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Tim’s assistant Dustin McNa enjoys some of T-Rex’s famed health food.

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And finally, the highlight of the evening:  obscure whiskey tasting!  The bartender told us this was a bottle from the latch batch ever of this whiskey.  “Like drinking a dodo bird,” explained Dustin.

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This post doesn’t even begin to recognize all of the people who helped us out over the past 12 years.  We’ll have a more complete, better-photographed version after (God willing) final approval.

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* It turns out Meredith and Tim both went to St. Olaf College in The Middle of Somewhere Very Cold, Minnesota.  We were treated to a brief but inspiring rendition of their college fight song, “Um Yah Yah” (which I think translates as “What Were We Thinking???”).   If you think I’m making that up — at least the song title part — check the school’s website!

Many Obamacare Critics, Including Koch Brothers, Accepted Its Subsidies

Many Obamacare Critics, Including Koch Brothers, Accepted Its Subsidies.

File under “R” for Republican Hypocrisy, though by now you may need a larger filing cabinet.

I continue to wonder what their plan is for people who are not millionaires.  The free market will magically deliver cancer treatment at the local Wal-Mart?

Clearly they (Kochs; Republicans in general) are not opposed to Obamacare purely on principle, because of course they’d never accept subsidies, right?  What does that leave?  The pure political battle, in which they attack a policy that has provided insurance coverage — and related benefits like health, peace of mind, and the ability to leave an old job or start a new business — to millions of their fellow Americans simply to win the football game that is modern American politics.

This was, in fact, the theory of leading Republican pontificator William Kristol in 1993:  no negotiation; no compromise; no health care plan.  Let’s not figure out how to help people (i.e. govern); just kill it in an attempt to harm the other team.

So to my various conservative friends & family members who are likely to unleash the hounds in the comments — what’s the plan?  How are we going to pay for cancer treatments for minimum-wage workers?  How are we going to delink work and health care so that people — even those with pre-existing conditions — can have the freedom we hope all Americans have to innovate, to leave old jobs and start new businesses?

What is the plan?

My peeps!

My phone only shows the last line in a series of instant messages on the notification screen.  As I was driving yesterday, I saw a message from my friend Carrie:

So I need a couple of judges.  You in?

Carrie is a kickass lawyer and ED of the Center for the Rights of Parents with Disabilities.  She is also very involved in her kids’ schools.  So of course I thought, cool! a moot court!  about disability rights!  maybe with students!

When I next stopped, I was able to read the previous message and discover the august forum in which I was being asked to ascend to the bench:

I have decided we need a disability peeps diorama contest.

Yellow robes, perhaps?  But because it’s Carrie, the Disability Peeps Diorama Contest went from passing thought to reality overnight:

Disability peeps contest

Don’t delay!  You only have a month to create your disability peeps diorama!

 

Holly and Amy’s Big Adventure

I got to do one of my favorite things on Friday:  talk about the ADA to a bunch of disability rights advocates.  Even better:  the advocates were with the Southwest Center for Independence, and were in Durango, Colorado.  I had the choice of six* hours of driving (each way) through the amazing Colorado countryside, or an hour (each way) bouncing over the mountains in a regional jet.  I chose the drive without a second thought.

Denver to Durango

So Friday morning early, I lit out for Durango and because Holly still isn’t fully house-trained, and thus can’t stay alone with Tim, I brought her along for the ride.

 

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It’s almost as if I bought the CRV with the dogs in mind!  Oh, right.  Turns out it has an added feature I hadn’t even known about.  For those awkward moments when she poops in the middle of a scenic overlook that lacks a trashcan:

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Always pack out your trash!

Anyway, I chose the southeastern route in the map above — down I25 and across Route 160 — because I’m not a big fan of pass driving.  Google Maps helpfully sets out various routes, and then lets you choose your mode of transportation:  car; bus; on foot.  To accurately calculate our time, however, they need another option:  traveling with puppy.

 

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We stopped every hour and a half to two hours to find Holly a grassy spot.  Besides that slight inconvenience, though, she was the perfect traveling companion.

Driving in Colorado:  breathtakingly beautiful.

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Breathtakingly scary:

 

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Breathtakingly . . . obvious?

 

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Got to Durango without a minute to spare before the talk.  That is, though I didn’t have any minutes to spare, I spared a couple, and ended up about 5 minutes late.   It was my favorite kind of talk:  with interested advocates who had great ideas and great questions.

After the talk, Holly and I set out to explore Durango a bit, and found a path by the river that was perfect for a post-driving-trip stroll.

 

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Obligatory “Holly Posing Because She Knows Just How Cute She Is” photo:

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Dinner was yak stew — a first for me! — and lamb dumplings at The Himalayan Kitchen, then back to the hotel, where Holly checked out the accommodations.

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For the drive back to Denver, I chose the more direct route — in blue in the map above — that took me on Route 160 as far as Del Norte, and then Route 285 northeast through the mountains.  There were a couple more passes, but either they were relatively easy passes or I’m finally getting use to pass driving.  Or possibly exchanging the 1988 Accord for a 2013 CRV just makes the whole thing feel safer.  But I also took the time to stop for photos.  These first four were processed in HDR:

 

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Wildlife!

 

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Colorado life!

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Uh oh!   Better behave myself!***

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I arrived home, tired and happy, yesterday afternoon, very grateful to live in a state of overwhelming natural beauty and kick-ass disability advocates.

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* Actually, I have to confess, when I first learned I would be going to Durango, I thought, “it’s in the same state; how far can that be?”  Having grown up out east**, I assumed that anywhere you had to go within a single state couldn’t be more than a couple of hours’ drive.  Soooooo it turns out they make states bigger out here.  So the six-hour drive was a bit of a surprise, but ultimately a pleasant one.

** I’ve been overthinking the phrases “back east” and “out west” recently.  I use the phrases mostly because they reflect my path.  I started life on the east coast, and I’ve migrated out west.  But it occurs to me that these common phrases are not only sort of east-coast-centric, but also reflect a European-American-centric path (my peeps mostly entered the U.S. from the east coast and headed west) as opposed to an Asian-American path, as many Asians entered the U.S. from the west coast.  So I thought I’d try “out east” for a while and see how it sounded.

*** Tim’s uncle Pete Palmer is sheriff!

States Rights: 1963 and 2014

Segregation today, segregation tomorrow, segregation forever!

 

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Prison rape today, prison rape tomorrow, prison rape forever!

 

Perry