Category Archives: Civil Rights

The introvert vs. the anti-vaxxer: I wimped out

I was recently at an event — the type where you’re supposed to mingle holding a drink and make small but significant conversation with total strangers.  In other words, hell.  I ended up caught in a conversation with a woman whose adult son is Autistic, and who wanted to lecture me on how it was caused by vaccines, mercury in fillings, and fluoridation in the water.  (The conversation happened last week, not in 1965.)  She “warned” that soon 1 in 2 boys would have autism.  She said her son was “her part-time job.”  I asked (assumed, actually; that’s how far inside my own head I generally dwell) about involvement in groups of parents of adults with disabilities; her husband chimed in that these groups were “just” interested in “access” — the latter term enunciated as if “interest in access” was as absurd as “interest in pro wrestling” or “interest in wearing white after Labor Day.”

As an introvert and a klutz, I could not figure out the cocktail-party-level response to this.  So I put down my beer (half-finished!  desperate times!) and left. I have this question for you extroverts and people with social skills but also a righteous civil rights message:  what do you do in shallow social situations when someone says something deeply misguided or offensive?  I’ve blogged about avoiding entirely situations in which people — especially people you don’t know well but thought you respected — might say something buttheaded about disability or civil rights.  But what do you do when you’re stuck?  You’ve taken the highly questionable step of actually putting yourself in the position of making small talk with strangers, and the conversation takes a distinctly buttheaded turn.

Saw this on Facebook today; wish I could have responded as cleverly.

anti vax refutation

Image: the graphic consists of five text boxes, arranged with one at the top, and then two rows of two below. The top text box contains the meme being ridiculed. It shows a syringe and states “If you mixed Mercury, Aluminum phosphate, Ammonium sulfate, and Formaldehyde with VIRUSES, then got a syringe and INJECTED it into your child . . . you would be ARRESTED and sent to JAIL for child endangerment and abuse. Then WHY is it legal for a doctor to do it? and WHY would you let them? Educate yourself. Re-Think Vaccines.”  The box in the second row on the left has an icon of two cars colliding head on, and reads “If you welded some scrap Aluminum and Steel together, added some Tires, Cylinders, Spark plugs and GASOLINE, then took it out and DROVE it on a public road, you would be ARRESTED and sent to JAIL for public endangerment and unsafe vehicle. Then WHY is it legal for Ford & Chevy to do it? and WHY would you let them? Educate yourself. Re-Think Vehicles.”The next box has a wall socket and reads “If you look Copper wiring, connected It to the city power grid, then ran it through the walls of your house and into the bedroom of your child, you would be arrested for child endangerment and fire code violations. Then WHY is it legal for electrician to do it? and WHY would you let them? Educate yourself. Re-Think Electricity.” The box on the bottom left has a fireman’s ax and reads, “If you burst Into the bedroom of a child you didn’t know wielding and Axe and then forcibly took the child out of bed and carried them outside the house, you would be arrested and sent to jail for the assault and kidnapping of a child. Then WHY is it legal for firefighter to do it? and WHY would you let them? Educate yourself. Re-Think Firefighters.” The final box on the lower right has an airplane seating chart and reads, “if you took over a hundred people, packed Them into a pressurized metal tube, then used refined KEROSENE to LAUNCH Them to over 35,000 feet at speeds of over 450 knotsyou would be ARRESTED and sent to JAIL for . . . . I’m not sure, probably a lot of things. Then WHY is it legal for pilots to do it? and WHY would you let them? Educate yourself. Re-Think Aviation.”

Beatitudes

We attended the funeral of a friend who passed earlier this month.  She was a wonderful, righteous, generous, sweet person, teacher, and friend.  The funeral was a Catholic mass, probably the third mass I’ve ever attended — including the invite-a-Jewish-friend mass I attended with a friend when I was about 11 — so I was even more unfamiliar with the ritual than I am in a slightly closer-to-home reform synagogue or Episcopalian service.  But the lack of familiarity combined with the emotion of the occasion pulled me out of my own head, where I spend way too much time, and hit me with a 2×4 of wisdom.

It came in the form of the Beatitudes, which the priest recited because they were so very fitting for Liz Feldman — long a teacher and activist.  They really struck me, especially the final passage:

Blessed are they which are persecuted for righteousness’ sake: for theirs is the kingdom of heaven.

Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake.

Rejoice, and be exceeding glad: for great is your reward in heaven: for so persecuted they the prophets which were before you.

 Matthew 5:10-12.

It seems to me that Jesus was telling his followers that they would go forth and preach the word they believed in and would take a great deal of crap for it, but should have the faith to see beyond the crap, and realize that perhaps even because they had to take a lot of crap, they were righteous, and their reward was elsewhere than in the arena in which crap was being dished out.*  We take a fair amount of crap as plaintiffs’ lawyers, and I know and work with people who represent clients on the far margins of society, and take great deal more crap for it.  But when we are most reviled, and hear all manner of false, evil crap, it is likely just then that we are most true to our righteous course.

We’ll miss you, Liz.

*******

* Possible that religious scholars would not phrase it precisely this way.

Hobby Lobby meet Jah Frederick Nathaniel Mason, III

I’ve been trying, through hypotheticals, to explain some of my frustration with the Hobby Lobby decision.  Luckily today’s WestClip brought a real-life example from D. Colo.

Hobby Lobby meet Jah Frederick Nathaniel Mason, III.

 The Hobby Lobby decision is frustrating primarily for magically turning legally-fictitious corporations into people of faith.  But it was truly specious for another reason, as well:  it was based on religious beliefs that were based, in turn, entirely on scientific fallacy.

Hobby Lobby’s objection to contraception is that some contraception is really abortion which contravened the religious beliefs of their executives.

[T]he company’s mission, as they see it, is to “operate in a professional environment founded upon the highest ethical, moral, and Christian principles.” The company’s “Vision and Values Statements” affirms that [the company] endeavors to “ensur[e] a reasonable profit in [a] manner that reflects [the executives’] Christian heritage.” It is therefore “against [their] moral conviction to be involved in the termination of human life” after conception, which they believe is a “sin against God to which they are held accountable.” The [executives] have accordingly excluded from the group-health-insurance plan they offer to their employees certain contraceptive methods that they consider to be abortifacients.
[They object to the ACA because] it requires them to provide health-insurance coverage for four FDA-approved contraceptives that may operate after the fertilization of an egg.These include two forms of emergency contraception commonly called “morning after” pills and two types of intrauterine devices.

Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2764-65 (2014) (internal citations omitted).  The problem with this is — whatever their faith* — they got the science wrong.  The measures that the ACA covers — and that the executives fear — are not, in fact, abortifacients.  As an L.A. Times article summarizes — quoting the American College of Obstetricians and Gynecologists — neither IUDs nor “morning after pills” cause abortions.

So the “beliefs” of a legal fiction (the corporate entity) based on a scientific fallacy entitled the company to opt out of a law of general application.

OK, then.  Let’s see how this works in practice for a real live human being with religious beliefs he is seeking to enforce in court.  Take it away, Jah Frederick Nathaniel Mason, III:

Mr. Mason asserts nine claims based on his belief that the use of satanic imagery on the seals of government justifies his driving without a license because the seal on Colorado drivers’ licenses displays satanic images. He also apparently believes that, by following his religious beliefs in not carrying a driver’s license, he should not be charged with traffic offenses as a result.
[In addition], [h]e is suing the meter agent for issuing a ticket for a missing front license plate and calling the police, who had his car towed, despite his explanation that he considered himself to be a “religious sovereign and had conscientious objections to the image of mountains on the Colorado plates as they violate God’s commands.”

Mason v. Clear Creek Cnty. Sheriff, 2014 WL 4099326, at *2, *5 (D. Colo. Aug. 20, 2014).  Sounds reasonable.  Just about as scientific as the Hobby Lobby execs’ beliefs, and what’s the big deal of one guy driving without a license or license plate.  Not even close to the burden on society of permitting a corporation to exclude coverage of an entire set of benefits for its entire female workforce.

Predictably, Mr. Mason did not fare as well as Hobby Lobby:
Plaintiff cannot argue there is no legitimate governmental interest in requiring license plates on cars. Mr. Mason’s religious beliefs—whatever they may be—do not excuse him from complying with the State’s requirement that he display license plates attached to his car. See Colo.Rev.Stat. § 42–3–202(1)(a) (license plates to be attached to the front and rear of a vehicle); see also Colo.Rev.Stat. § 42–1–101 (licenses for drivers required). The requirement for attached license plates is valid and neutral—all Colorado drivers are required to have license plates on their cars. . . .  Mr. Mason’s claims asserted against the unnamed Denver parking management meter agent will be dismissed as legally frivolous.

Mason, 2014 WL 4099326, at *5.  He not only loses a case at least as well-grounded in religion and reality as Hobby Lobby, his case is deemed frivolous.

Given that the Supreme Court had already decided that individuals did not have the right to smoke peyote** or opt out of the social security system*** based on sincerely held religious beliefs, the sad take-away from Hobby Lobby is that legally-fictitious corporations in fact have greater rights of religious freedom that individual believers.

Welcome to the Roberts Court!
*********

 * Many have pointed out that, at the same time that Hobby Lobby was touting its Christian business principles in refusing to participate in a broad health insurance program that, based on the private decisions of insureds and their doctors, may result in use of contraception that Hobby Lobby believes to be — but in point of scientific fact is not — abortion, it is engaging in a wide variety of un-Christian business activities, including investing in companies that produce the type of contraceptive devices that it refuses to cover and purchasing massive quantities of cheap crap from China, which not only supports fairly un-Christian labor practices, but actively encourages actual — rather than imagined — abortion.  This would be like an inmate insisting on a kosher diet while ordering sliced ham from the commissary.

** Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872 (1990).

*** United States v. Lee, 455 U.S. 252  (1982).

This guy is tasked with public safety?

I personally believe in Jesus Christ as my lord savior, but I’m also a killer. I’ve killed a lot. And if I need to, I’ll kill a whole bunch more. … If you don’t want to get killed, don’t show up in front of me, it’s that simple. I have no problem with it. God did not raise me to be a coward.

via Ferguson-Area Police Officer Suspended After ‘Killer’ Rant Surfaces Online.  He apparently rants on along these lines, on the video, for an hour or so, largely missing the point of the whole “Christianity” thing.  And the whole “protect and serve” thing.

This guy is a cop, and a member of the “Oath Keepers, the right-wing law enforcement group that is aligned with the Patriot movement.”   A quick (and slightly toxic) visit to their website reveals that “Oath Keepers” are a collection of police and military types who believe their “oath” to their interpretation of the constitution gives them the right to do things like not do their jobs and shoot random people who do not share their interpretation of the constitution.*

They have a list of orders they will not obey, including executing warrantless  searches (good), disarming Americans (potentially bad, if the armed American is threatening to kill someone), and wildly paranoid:

We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.

We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.

Whew!  Glad we cleared that up.  And good to know that when Texas finally secedes, no one will try to stop them.  Buh byeeeeee!

I do appreciate that this group is a big fan of Edward Snowden.  So they exist in that special place where the extreme right and extreme left of the political spectrum meet up in shared paranoia and megalomania.

I guess we’ve always known that certain subsets of law enforcement view themselves as creating, interpreting, and executing the law; it’s more than a bit frightening to think those cops have a self-aggrandizing club where they can encourage and reward each other for doing so.

*********

* Based on their logo, this may or may not be caused by the emotional trauma of having very long but very thin penises:

Image: silhouette of man holding long gun, which also looks like he has a very long, thin penis protruding from his midsection.

“Valid point, but different conversation, folks.”

There is a lot of overlap between the way cops treat African-Americans and the way they treat people with disabilities.  And in Denver, that conversation blurs into  one about the Denver Sheriff Department’s violence and incompetence.  There are times that call for conversations about overlap and blurring and intersectionality, and there are times we need to FOCUS.  Right now, we need a bit of focus on a specific problem:  the mortal danger of being an African-American — specifically, a young, male African-American — in any action with the cops.

Often discussions of derailing can sound like shutting down.  That’s why I like the way Anita puts it:

Valid point, but different conversation, folks.

Stop Derailing This Conversation! – Musings Of An Angry Black Womyn.

Peter Singer and the TERFs: We Know You Better Than You Know Yourself

And we want to make pejorative, exclusionary and — in Singer’s case — homicidal* decisions based on our superior knowledge of your inner state.

I had just written my random thoughts on the importance of trans* [**], Autistic and other former others rejecting the default setting, and my view that this made it easier for all of us “to be who we are and find or create our own cubbyhole, or none, or multiple,” when the New Yorker published “What is a Woman?” by Michelle Goldberg, an article describing the anti-trans* faction of “radical feminism” called, variously, Radfems or — more pejoratively but accurately — “trans-exclusionary radical feminists” (“TERFs”).

But what truly reminded me of Peter Singer was the TERFs’ certainty that they know the inner life of trans women and trans men. One Sheila Jeffreys has written a book, “Gender Hurts: A Feminist Analysis of the Politics of Transgenderism,” in which she proclaims her knowledge of and judgment on the inner life of trans men and trans women by seeing them entirely through the political prism of male-dominated society. A man, per Jeffreys, can never appropriate the experience of being a woman. Accordingly, Jeffreys “insists on using male pronouns to refer to trans women and female ones to refer to trans men.” To her, trans men are simply trying to “raise their status in a sexist system” while trans women, well, “when trans women ask to be accepted as women they’re seeking to have an erotic fixation indulged,” or — according to the psychology professor on whose work she relies — trans women have “‘autogynephilia,’ meaning sexual arousal at the thought of oneself as female.”

So Jeffreys and other TERFs — cis women all — have decided that they know the inner life of trans people better than trans people themselves do, and not only pontificate about this in writing, but ultimately reject trans women as women, refuse to use their preferred pronouns, and in some cases exclude them from women-only spaces.

This is rank Singerism. Peter Singer is a Princeton professor who believes that, well, I’ll let Harriet McBryde Johnson describe it:

Applying the basic assumptions of preference utilitarianism, he spins out his bone-chilling argument for letting parents kill disabled babies and replace them with nondisabled babies who have a greater chance at happiness. It is all about allowing as many individuals as possible to fulfill as many of their preferences as possible.

In other words, privileged white male Princeton professor asserts that he knows with such certainty the inner life of people with disabilities that he advocates killing them as infants. To me, Singerism means making policy — usually negative — based on the facially impossible premise that you can know and pass judgment on someone else’s inner life. Singer can never know how happy any particular person is or will be, much less disabled infants he’s never met. Jeffreys and the TERFs have no idea how trans women experience their lives and their identities.

Where the fuck do they get off deciding to kill, insult, and exclude people based on these arrogant and patently impossible judgments?

Jeffreys claims that cases of “regret” — people who have physically transitioned and later regretted the move — “undermine[ ] the idea that there exists a particular kind of person who is genuinely and essentially transgender and can be identified accurately by psychiatrists.” Well, it might undermine that idea for the person experiencing regret but how it undermines the self-knowledge — often hard-won — of everyone who has ever transitioned is hard to see. More Singerism.

The New Yorker article describes one TERF group, Deep Green Resistance, as holding the view that “a person born with male privilege can no more shed it through surgery than a white person can claim an African-American identity simply by darkening his or her skin.” I suppose that may mark the far outer boundaries of my “Free to Be You and Me” approach to identity, that is, that we should credit people with knowing themselves and defer to the identity each asserts. Could a white person declare himself black in the same way a person born with female parts can declare himself to be male? [2024 note: this was a year before Rachel Dolezal caught everyone’s attention.] Can I decide to be disabled without actually having a physical or mental impairment that substantially limits one or more major life activities? When does the assertion of identity become appropriation? I think we avoid Singerism by saying (1) we don’t know; and (2) we have no business killing, insulting, or excluding people based even on identities that push the boundaries of credibility.

It is reassuring that TERFs find themselves marginalized in feminist and academic circles, though frustrating that Singer is not similarly ostracized. It is apparently more acceptable to mainstream academia to advocate killing disabled infants than it is to advocate excluding trans women from all-female music festivals.***

I conclude with this quote from the New Yorker article:

Older feminists . . . can find themselves experiencing ideological whiplash. Sara St. Martin Lynne, a forty-year-old . . .

Hold on! “Older” and “forty-year-old” do not go together!  But assuming that “older feminist” would accurately describe this 54-year-old, I experience no whiplash, but only a deepening appreciation for each way we let people be themselves, and each mind-opening step we take away from the default setting.

Update: Here is an excellent response to the New Yorker article, in Bitch magazine.****  TERF War: The New Yorker’s One-Sided Article Undermines Transgender Identity by Leela Ginelle.  Lots of good points about the the TERF problem, though I disagree that the original article undermined transgender identity.  I thought it was fair, and that the TERFs were portrayed as the narrow-minded troglodytes that they are.

Update 2:  Julia Serano, who is mentioned in Goldberg’s article, has an informative rebuttal in The Advocate.  Here is my comment:

This is an excellent rebuttal to the New Yorker piece, but reading this & the rebuttal in Bitch made me wonder whether we read the same original article. First, though, I agree that Julia Serano has every right to feel personally pissed. But while Goldberg clearly skates over the surface of a complex issue, and probably did sensationalize the feminist catfight angle, I thought the TERFs came off in her article as deeply misguided, insular, and hateful. Specifically the reference to “autogynophilia” seemed to me like a self-evidently hysterical use of scientific-sounding Greek word roots to disguise abject quackery. All that said, Serano’s response adds a great deal of useful detail; would be great if The New Yorker published it.

*******

* I was going to say “life-threatening” but Singer doesn’t just want to threaten the lives of disabled infants, he wants to permit people to kill them. Let’s call it what it is.

** “Trans*” is a way of indicating a wide variety of trans ways of being. As Slate explains, “the asterisk stems from common computing usage wherein it represents a wildcard—any number of other characters attached to the original prefix.”

Image: Graphic that reads, "Trans*. I recently adopted the term 'trans*' (with the asterisk) in my writing. I think you should, too. If it's new to you, let me help clarify. Trans* is one word for a variety of identities that are incredibly diverse, but share one simple, common denominator: a trans* person is not your traditional cisgender wo/man. Beyond that there is a lot of variation. What does the * stand for? *Transgender, *Transsexual, *Transvestite, *Genderqueer, *Genderfluid, *Non-binary, *Genderf**k, *Genderless, *Agender, *Non-Gendered, *Third gender, *Two-spirit, *Bigender *Transman *Transwoman" Poster created by online LGBTQ educator Sam Killerman.This can get confusing here, in light of the fact that the ThoughtSnax Style Manual calls for asterisks for footnotes.  We’ll muddle through.

*** The article noted that violence and threats have been directed toward TERFs, which is of course deeply offensive and wrong . . . except the graffiti “Real Women have Dicks,” which is just the sort of smartass, mind-opening civil disobedience I love.

**** Of course I read Bitch Magazine — it’s my trade publication!

I love “cis” and “neurotypical” and “non-binary.”

Because they reject the default setting.

“Cis” is the opposite of “trans,” as in cisgender, meaning (more or less) “identifying as the gender that [society tends to] correlate[s] with the body parts you were born with.”

Neurotypical” is used to describe people who are not on the Autism spectrum. 

[Update from the comments:  Unstrangemind explains that “neurotypical is the opposite of neurodivergent. The opposite of Autistic is allistic. I know many people who are allistic but not neurotypical.”   I love this even more — two different ways of rejecting the default setting.]

Both of these terms reject the concept that the opposite of transgender or autistic is “normal,” and I love them for precisely that reason: they reject the default setting.

I love reading the thoughts and experiences of people who are trans, or autistic, or non-binary, which is being “on the spectrum,” but just another spectrum. I love that parents are more and more open to listening to kids who don’t want to live as the gender they were physically assigned.

I love fat activism, which says beauty norms are contingent and health and happiness come in many shapes and sizes. The fact that we now insist that women have flat stomachs and men have six-packs seems as random as fashion, and as open to change if we all open our minds.

I love universal design, which says you can build a structure for every body, not an archi-typical structure that you then have to retrofit to accommodate people whose bodies and abilities don’t fall within a narrow part of that spectrum. A structure that accommodates all of us from the start.*

Why, I’ve asked myself, would a cis, largely neurotypical, straight, nondisabled, averaged-sized person find these concepts so compelling? Because they reject the cubbyholes society creates for all of us. My theory is that every time a trans*, autistic, non-binary, fat, and/or disabled person makes society pry open its language and — following close behind** — its minds, we all win. It pushes back against the default setting and makes it easier for us all to be who we are and find or create our own cubbyhole, or none, or multiple.

I love Robot Hugs pretty much any day, but this comic was timed perfectly for this post, which had been rattling around in my head for a while.

2014-07-21-Gender Rolls

Image description by the artist:

GENDER ROLLS:

Daily Gender Check:

Roll Three:

Roll 1d8

1 – Agender

2 – Genderqueer

3 – Trans

4 – Genderfluid

5 – Cis

6 – Non-Binary

7 – Questioning

8 – Bigender

Roll 1d10

1 – Dapper

2 – Femmetype

3 – Twinky

4 – Sophisticate

5 – Androgynous

6 – Leather

7 – Flexible

9 – Queerdo

10 – Nonconforming

Roll 1d12

1 – Princex

2 – Dragon

3 – Beefcake

4 – Shortcake

5 – Dudebro

6 – Gentleperson

7 – Cumberbatch

8 – Butch

9 – Bear

10 – Dandy

11 – Otter

12 – Queen

A: What did you get today?

B: Genderqueer femmetype dudebro

A: Tough one.

B: Nah, I’m going to totally rock it. You?

A: Agender sophisticate dragon.

B: Nice.

*************

* That said, the next person who says a building is “accessible without looking all disabled or hospital like” gets whapped upside the head (gently but effectively) with a soft, non-fatal, but memorable wheelchair part.

** I’m a linguistics major and happy to talk about how language shapes thought — I wrote a thesis on it! — so ask at your peril!

July 4th Thoughts from a Patriotic Nerd

Image: head and shoulders of Bald Eagle with head cocked to the left staring into the camera.

Photo credit: American Bird Conservancy http://www.abcbirds.org/newsandreports/botw/bald_eagle.html

  • The US is an amazing country.  I love being an American for the reasons I toss out here and many more.
  • The primary reason the US is an amazing country is that we have written into our constitution and laws  — and our deepest sense of who we are  —  the ability to continue to make this a better country.  The things that make us great scientists, entrepreneurs, innovators, dreamers, and kickstarters make us a great country:  we are constantly trying to figure out better ways to organize and govern ourselves.
  • And along the way, we are completely free to tell one another — and the government — how completely wrongheaded everyone else’s ideas are.
  • Our history is just as full of triumphs, failures, good, evil, brilliance, stupidity, compassionate people, and flaming assholes as you’d expect when a group of humans gets together to try to accomplish something.  The same people who wrote the Declaration owned slaves.  While we were being a beacon to a world of refugees and immigrants, we were discriminating against them in housing and employment.  And our European foreparents — along with the rest of the white First World — did deplorable things to the people who were already in the countries we decided to make our own a couple hundred years ago.
  • But one of the things I love the most is that we can say these things.  We can point out that the Constitution itself was flawed from the start and that we had to fight a war to fix that.  And that we are continuing to try — in fits and starts — to be fairer to all Americans.
  • The statement “America is the greatest country” and other forms of American exceptionalism don’t make any sense to me.  It’s the greatest country for me and evidently for millions of others who both live here and want to live here.  But for us to tell a world full of people that it’s a greater country than their respective countries seems like a fairly incoherent overgeneralization.
  • Same with knee-jerk American denigration.  What are you denigrating?  Our government?  Which part?  The part of the DOJ that’s justifying solitary confinement?   Or the part that’s figuring out how to ensure that we can all vote, marry, shop, and hold  jobs without discrimination?  Republicans?  Democrats?  Us?  Me?
  • Ultimately, as Dr. King said, “the arc of the moral universe is long, but it bends toward justice.”  When I’m disappointed in a Supreme Court decision — as I have been fairly often recently — I remember that it took us 58 years to go from  Plessy v. Ferguson to Brown v. Board of Education but only 17 years to go from Bowers v. Hardwick to Lawrence v. Texas, and just another ten to United States v. Windsor.  For every

Image:  Protesters (a white male adult and possibly light-skinned black child) holding signs that say "Thank God for Dead Soldiers," "Sin and Shame not Pride" and "You're Going to Hell."

there’s a

A woman dressed as an angel with large wings covered with white sheets standing next to others dressed similarly.

or even more important

Image:  Protesters holding signs reading "Homo Sex is Sin."  They are behind a police line. In the foreground, a white man dressed as Jesus Christ holds a sign saying "I'm not with these guys."  Another counterprotester holds a sign pointing to one of the protesters that says, "Secretly Gay."

and

Image:  Protester holding a sign that reads "God Hates Fags."  To his right, another protester holds a sign with an arrow pointing to the first guy and the words "Fuck This Guy."

and

Image:  An older white man wears a t-shirt that reads "You Deserve Hell."  Next to him, a younger white man holds a sign that reads, "You can't choose to like dick but you can choose to be one.  For example" and an arrow pointing to the guy in the You Deserve Hell t-shirt.

showing that Americans and our sense of humor will always prevail.

So Happy Random Patriotic Rambling Day from ThoughtSnax!

 

 

 

New Rule: Remedial Scotch

New rule: when we arrive at a hotel at 2:00 in the morning — a hotel that has confirmed by phone and fax that it has reserved for us a room with a roll-in shower — to find, after unloading our voluminous luggage (shower chair; giant duffel; garment bag; suitcase; suitcase; computer wheelie; backpack), checking in, and tipping the helpful bellman who has transported this unGodly collection of luggage to the room, that the room has only a tub and that, in fact, no room with a roll-in shower is available that night (“night”), there will be a member of the ADA defense bar available on-call to secure alternative accommodations and to provide a nightcap of very very expensive Scotch.

These are the facts:

1.    The hotel had at least one room with a roll-in shower.

2.    The hotel confirmed — several times* —  that it had reserved a room with a roll-in shower for us.

3.    This was incorrect. When we arrived, there were no roll-in-shower rooms available.

4.    The hotel had at least one non-roll-in-shower room available — the one with the tub that they sent us to with our mule-train of luggage in tow.

5.    At least one of the rooms with a roll-in shower was occupied by someone who did not need it (this fact related to us by the night manager).

This is the law:

1.    Title III of the ADA prohibits discrimination on the basis of disability in places of public accommodation, including hotels. 42 U.S.C. § 12182(a).

2.    Hotels are required to provide rooms with roll-in showers in proportion to the total number of rooms.  DOJ 2010 Standards for Accessible Design, Table 224.2.  I’m guessing that this hotel was required to provide at least nine such rooms; every hotel is required to provide at least one.

Image: Roll-in shower.

3.    Hotels are required to

[e]nsure that accessible guest rooms are held for use by individuals with disabilities until all other guest rooms of that type have been rented and the accessible room requested is the only remaining room of that type;

    and

[r]eserve, upon request, accessible guest rooms or specific types of guest rooms and ensure that the guest rooms requested are blocked and removed from all reservations systems.

28 C.F.R. § 36.302(e)(1)(iii) and (iv).

So there’s pretty much no question that the hotel violated the law.  And there’s no question that the violation had consequences: after flying across the country and arriving at 2:00 in the morning, Tim would not be able to shower when he woke up later that day.

The problem is, while there were consequences for Tim, there will be no consequences for the hotel.  Title III of the ADA has no damages remedy.  Truth is, we would be fairly unlikely to bring a lawsuit for damages.  We didn’t want damages; we wanted a useable hotel room.  We wanted to be able to do what every weary traveler wants at 2:00 a.m. — to check in and go to sleep; NOT to travel up and down the elevator with our piles of luggage, have a long — pleasant but unfruitful — conversation with the night manager, wait through long sessions between the night manager and his computer terminal, finally settle for the (inaccessible) room at 3:00, and (Tim) be unable to shower the next morning.

In other words, we just wanted the system to work.

But wait!, you say, Title III has an injunctive remedy!  The court can order the system to work, right?

Well first of all, of course, only after a lawsuit, which can take anywhere from two to 12 years.  By then, we’d be home and Tim would have showered, repeatedly, in our very own roll-in shower.

But more importantly, the hotel, in a case like this, would almost certainly argue** that Tim has no standing to sue unless he can specify the date on which he will return to this precise hotel. And while many people travel repeatedly to the same hotel, many don’t.  That’s the point, right?  When you’re planning travel to a new city, you want to be able to pick up the phone or go online, make a reservation, show up, and have a room you can use.   The problem is, under the current system, there is very little incentive for this system to work for people with disabilities:  no damages remedy; and no injunction unless you plan to come back to the very same hotel AND have the time and energy for a lawsuit.  Given this, the hotel knows that it doesn’t really need to comply.

So — new rule: every ADA defense lawyer who makes these bone-headed standing arguments must register on an ADA Compliance Resolution List and provide a number where they can be reached 24 hours a day.  When one of these damagesless, standingless events occurs, they must be ready to solve the problem, provide the room, and send a nightcap of very very expensive Scotch.

Anyone want to help me draft the bill?

[Cross-posted at CREECblog.]

************

*  When we make hotel reservations, we can’t just go online and request the room we want.  We call, we have a long conversation about roll-in showers (“Are you sure?  You’ve seen the bathroom in that room?  Can you ask housekeeping to check?  I heard you roll your eyes — just go check please.”), we often call back at least once, and we send a confirming fax, which we then have on hand when we arrive at the hotel.  None of that matters if it’s 2:00 a.m. and there simply isn’t an accessible room available.

** Indeed, this hotel has made this precise argument with respect to violations known to exist in many of its hotels.  The court held that the plaintiff “must assert an intent to return to the particular place (or places) where the violations are alleged to be occurring.”  Scherr v. Marriott Int’l, Inc., 703 F.3d 1069, 1075 (7th Cir. 2013).  So there is no standing to make them fix the problem in other hotels unless this plaintiff is planning to go to each of them?  Which means, of course, that none of the other hotels in the chain will be fixed until other wheelchair-using hotel guests — in this case, 56 other guests at 56 different hotels — encounter the barriers and sue.  Or unless one guest has the foresight to bring a class action, adding to the length and complexity of the suit and the elapsed time until a discrimination-free stay can be ensured.

Image from the webpage of Fine Design Contractors of Somewhere, MN.

Anti-Gay Group Refuses To Accept Mail With Harvey Milk Stamp

From the Huffington Post.

Fundamentalist Christian group American Family Association is urging members not to accept any mail postmarked with the U.S. Postal Service’s newly released Harvey Milk stamp, the first U.S. stamp to feature an openly gay elected official.

Image: US postage stamp bearing the image of a smiling white man, with the legend "Harvy Milk."

In related news, the American Family Association announced plans to put its fingers in its ears and say “LALALALALALALALALA” until the 21st Century goes away.