Category Archives: Civil Rights

Introducing The Cute Puppies’ Guide to Title III of the ADA

There have been two types of post that have driven most of the traffic on this blog:  photos of my dogs; and my attempt to start an internet meme with the photo of Gus Fring being blown up by the mobster who used a wheelchair (MWD?).   So I try to publish my deep thoughts about disability rights, the practice of law, and adventures in trial technology, and what my immense readership really wants to see is photos of cute dogs and guys with their heads blown off.

This reminded me of one of my favorite Saturday Night Live sketches:  Kevin Nealon with No Attention Span News.  Not the funniest perhaps, but one that was excruciatingly accurate in portraying what it feels like to try to talk about something important but boring.  (Sorry for the ad.  It’s worth it.  Keep watching.)

With these thoughts in mind, I decided that we needed a more attention-grabbing way of presenting the ADA.  Lacking the copyright to the image of Gus Fring, but blessed with two very cute dogs, I decided to inaugurate The Cute Puppies’ Guide to Title III of the ADA:

There now!  Don’t you feel inspired to learn more?  You can check in from time to time on the FoxRobBlog, which will also have scintillating news of our latest case adventures and legal developments.  And puppies!

We need a Language Police.

Of which, of course, I’d be Chief.

Our jurisdiction would be broad:  grammar; punctuation; semantics.  But our most important task would be punishing language abuse.   Today’s perp:  The NYT.  The charges are based on a sentence fragment in today’s Times that is superficially just crappy writing, but is in fact stunningly offensive.  In an article discussing Michelle Obama’s white ancestors, the writer makes clear that the family of the First Lady’s white great-great-great-grandfather owned her great-great-great grandmother.  At the time their child — Mrs. Obama’s great-great-grandfather, Dolphus T. Shields — was conceived, the white slave-owner was 20; his slave only 15.  The article continues:

Such forbidden liaisons across the racial divide inevitably bring to mind the story of Thomas Jefferson and his slave Sally Hemings. Mrs. Obama’s ancestors, however, lived in a world far removed from the elegance of Jefferson’s Monticello, his 5,000-acre mountain estate with 200 slaves. They were much more typical of the ordinary people who became entangled in America’s entrenched system of servitude.

Just a bunch of random, ordinary people of, you know, a couple of different skin colors, who — passive voice! — became entangled, you know, like you do when you are charging too many electrical devices and the cords end up on the floor, or your dog puts one too many rope toys in front of the back door and, you just, you know, become entangled.  No one’s fault.  That lethal system of violently-asserted racial superiority, oppression, and death was just lying around entangling ordinary people.

Rachel L. Swarns, you are under arrest for First Degree Language Abuse.

Ms. Swarns — who has apparently written a book about Ms. Obama’s multiracial ancestors — goes on to perpetrate this egregious sentence, which may form the basis of a referral to my colleagues with the Journalism Police or possibly the History Police.

[Ms. Obama’s great-great-great grandmother] had more biracial children after the Civil War, giving some of the white Shieldses hope that her relationship with [the white slave-owner] was consensual.

W.T.F.  There is no universe in which the sexual relationship between a master and a slave can be consensual.  Nor did the end of the Civil War magically turn former slaves and their former owners into free agents.

I get the motive for this:  we don’t want to offend the tender feelings of Mrs. Joan Tribble — “a retired bookkeeper who delights in her two grandchildren and her Sunday church mornings” — by suggesting that perhaps some of her distant ancestors were, um …. how can I say this delicately yet factually? … slaveowners.  Because of course “[s]ome of Mrs. Tribble’s relatives have declined to discuss the matter beyond the closed doors of their homes, fearful that they might be vilified as racists or forced to publicly atone for their forebears.”

How the hell can we teach history if we’re unwilling to just tell it like it is?

Headline: White Conservative Gadfly Goes to Jail; Dislikes Gravy

That’s how the headline should have read in the center, front, above-the-fold article in today’s Denver Post.  I wish I were kidding.

Douglas Bruce went to jail for 104 days and faced cruel and unusual punishment:  the rolls were cold and the gravy tasted funny.  And he’s gonna sue.

I don’t know who to be more furious with:  Bruce for being a selfish jerk, or the Denver Post for devoting so much space on its front page to a middle class white guy who goes to jail for just over three months and fails to receive gourmet-level cooking.

Denver Post, Mr. Bruce, I’d like you to meet Troy Anderson.  Mr. Anderson has been in solitary confinement at the Colorado State Penitentiary for 12 years.  In those 12 years, he has not been allowed to exercise outdoors.

I’d have loved to introduce you to Shawn Vigil but, sorry to say, he’s dead.  He committed suicide at the Denver County Jail in 2005 — after being locked up for a month in solitary without a sign language interpreter.  You see, Mr. Vigil was deaf.  He was in solitary with no way to communicate with his jailers.  Wonder what he thought of the gravy?  Perhaps the Denver Post will write a front page story about that.

Actually, the Denver Post did write about Mr. Vigil’s case when we filed.  This many words.   Though I don’t have the print edition, I’m confident it wasn’t on page one.  Former Post columnist Susan Greene* also wrote about it in more detail, but of course she’s not there any more.  Can’t have someone providing nuanced coverage of marginalized people.

Back in the day, Spy Magazine had an equation for how many column inches a story would get in the New York Times based primarily on the number of people killed and the distance of the event from Times Square.**  Although I’m not a math major, there has to be some sort of equation at work here:  R x C x L x G where R = race, C = class, L = length of sentence, and G = quality of gravy.  In the newspaper world, being white (r = 100) and middle class (c=100) will completely outweigh the length of your sentence and other conditions.

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* Full disclosure:  Susie is a friend.  And also a kick-ass journalist.  The lack of her voice (and other recent departures) in the Post makes it not much more than People Magazine:  Denver Edition.

** Yes, of course it’s on the internet:  the November 1989 issue of Spy Magazine.    The equation is on page 56.  Check out page 55 for proof that Donald Trump has been annoying us for a long, long time.  And generally peruse the issue to take yourself back to a time when being a smart-ass, sarcastic, irony-appreciating young law grad felt fresh and new.  Or maybe that was just me.

[June 2:  Edited for accuracy.]

Thank you, President Obama & a re-run

Thank you for supporting marriage equality!  Keep moving us forward.   If you agree that this was an important step forward and that politicians, like puppies, should be rewarded for good behavior, throw some money toward keeping us moving forward.

And in honor of this step forward in civil rights, in response to the benighted state of North Carolina, and in recognition of the fact that I’ve been in trial prep and trial for the last month or so and have not had the time to come up with a new post, I’m rerunning a post from July 2010:

If we’re going to defend hetero marriage, let’s do it right. 

Folks opposed to marriage equality argue that if gays and lesbians are permitted that state-sanctioned status, it will have the effect of destroying heterosexual marriages.  In response, they promote legislation ostensibly designed to protect this venerable institution.  Most liberals campaign against these measures, on the grounds that they are unfair (what part of “equal protection of the laws” is unclear?) and irrational (straights have done a pretty good job of marriage destruction all on their own).

My view is:  if we’re going to use the legislative process to protect heterosexual marriages, let’s pass laws that might actually reduce stress and promote harmony in those marriages.  These measures would “save” those marriages in the sense that the people in them would remain happy with one another and therefore married, rather than in the way that opponents of gay marriage think it works:  that we’ll only stay together if we can smugly monopolize the legal label for our relationships.

Warning:  what follows traffics in the basest of gender stereotypes, derived directly from my own 16-year experience with heterosexual marriage.

The Bathroom Separation Act.  Men and women were not meant to share bathrooms.  The vast genetic differences in cleanliness perception and many practical differences in paraphernalia make sharing facilities a source of stress in 55% of heterosexual marriages.*  Under this proposed legislation, all new homes will be required to have two completely separate bathrooms adjacent to the master bedroom and money will be allocated from the federal budget to retrofit houses of married heteros with one extra master bath.

The Laundry Technology Act.  All new washers and dryers will be equipped with control panels of equal or greater complexity to a sound system of comparable price.  In addition, federal regulations will require garment labels to include one of the following two statements, as appropriate:  “This Goes In the Light Wash,” or “This Goes In the Dark Wash.”  At least 43%* of the bickering in hetero marriages concerns lack of laundry participation by one of the two genders commonly found in those unions.  This measure will not only promote increased participation, but will ensure that the result is not uniformly pink.

Music Parity Regulations.  FCC regulations will require at least one station in each broadcast area to play folk rock and heavy metal tunes on a strictly alternating basis.  Imagine the heterosexual marriages — not to mention lives — saved by not having driver and passenger switching constantly among stations in search of (to take a completely random example) Boston or The Indigo Girls.

Quality Motion Picture Act.  At least five movies each year will be required to have both exciting action sequences (car chases; explosions; zombies) and a plot with believable, grown-up dialog and characters.  Hetero marriages will flourish when husbands and wives not only attend but enjoy the same movies.

Full Funding for Public Education, Universal Health Care and Assisted Living Act.  Approximately 95%* of the fights in heterosexual marriages concern the kids’ schools, the doctor’s bills, and how to care for the in-laws without having them actually move in.  The FFPEUHCALA will ensure high quality public education, availability of heath care without forgoing food and heat, and a comfortable, safe old age for your in-laws** somewhere other than your home.  This legislation will avoid at least 3.2 million* heterosexual divorces each year.  In addition, just imagine all the quality time hetero couples will have in lieu of the hundreds of hours they now spend filling out insurance forms, fighting with insurance companies, filling out more forms, waiting on hold to insurance companies, and figuring out how to pay for things they already bought insurance to pay for.

Let’s see if those anti-marriage-equality folks really want to protect hetero marriage — let’s see if they’ll support all this crucial legislation.

* All statistics in this post are invented out of whole cloth.  They sure sound about right, though, don’t they?

** Love ya, Denver & Nora!

If

If he were not African-American, he would still be alive.

 

 

 

If she were not Muslim, she would still be alive.

 

If he were not disabled, he would still be alive.

 

 

How not to settle a case with me

If you are in settlement negotiations with me, and it is your goal to make sure the case does not settle,* here are several things you can say:**

  1. My client is very emotional about having to comply with the regulations because he supports a disabled baseball team.
  2. My client is very emotional about having to comply with the regulations because he has Parkinson’s.
  3. I know you feel like you want to create a more enjoyable experience for the disabled, but that’s not what the statute requires.
  4. My client refuses to create an annuity for plaintiffs’ lawyers.
  5. With that damages demand, let’s just turn the state of California over to the disabled!

I realize I’m providing advice to my opposing counsel, but sometimes you just gotta reach out.

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*  There are many reasons why this might be a defense counsel’s goal:     (1) Billable hours.  (2) Billable hours.  (3) Billable hours.  … (n) Billable hours.

** All of these are real.  Really.

Why are some atheists such a**holes? Part Deux.

This billboard appeared in an African-American neighborhood of Harrisburg, PA.  Did no one’s WTF Alarm go off?

When our office was downtown, many Fridays there was a group of people who would gather on the corner, literally wave Bibles, and yell at passersby to convert, be saved, etc.  And not a “good news” sort of yelling; a “you’re gonna burn in hell” sort of yelling.  I’d wonder, each time I saw them, “has anyone in the history of religion converted because they were yelled at?”  I concluded that these people were not out on the corner to actually convert or save people, but to give themselves the warm fuzzy feeling of religious superiority.

The atheists behind this sign and the “Imaginary Friend” sign I wrote about earlier are cut from the same cloth.  They’re just yelling at the rest of us that they’re right and we’re wrong.  It’s not going to convince anyone, but — like the corner-yellers — it will give them the warm fuzzy feeling of religious superiority.

Lactation: I don’t think that word means what you think it means.

Though what this judge thought it meant is beyond me.  The awesome Barry Roseman posts a quote of the day for a bunch of us civil rights lawyer types.  Here was today’s:

The commission says that the company fired [Donnica Venters] because she wanted to pump breast-milk.  Discrimination because of pregnancy, childbirth, or a related medical discrimination is unlawful.  Related conditions can include cramping, dizziness, and nausea while pregnant.

Even if the company’s claim that she was fired for abandonment is meant to hide the real reason — she was wanted to pump breast-milk — lactation is not pregnancy, childbirth, or a related medical condition.   She gave birth on December 11, 2009.  After that day, she was no longer pregnant and her pregnancy-related conditions ended.

Firing someone because of lactation or breast-pumping is not sex discrimination.*

Hold on.  You may have missed the last line, so I’ll re-WordPress-special-quote-function it:

Firing someone because of lactation or breast-pumping is not sex discrimination.

Makes total sense:  none of the men were permitted to lactate or pump breast milk at work either.  QED!

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* EEOC v. Housing Funding II, Ltd., 11-cv-02442 (S.D. Tex. Feb. 2, 2012), slip op. at 2.

Yes, we have a voting problem, Part Deux

Just last month I was being cynical about Republican efforts to prevent voting fraud by making sure that students and poor people don’t vote.  But thank goodness the Republicans are on the ball, so we could catch poor student Charlie White and punish him for his voting transgressions.

Oh.  Wait.

Jury finds Indiana Secretary of State Charlie White guilty on 6 of 7 felony charges

Do you love that his name is Charlie White as much as I do?   And it’s really a Republican hypocrisy two-fer, because it turned out that his vote fraud, er, “confusion” was, well, I’ll let IndyStar.com break it to you gently:

The charges stemmed from confusion over where White lived when he campaigned for secretary of state in late 2009 and 2010. White claimed that he lived at his ex-wife’s home on the east side of Fishers. But the jury convicted him based on allegations that he actually lived in a townhouse on the opposite side of town that he bought for him and his then-fiancé. The townhouse was outside his Fishers Town Council district.

Note that it’s “confusion” when a conservative politician bails on his wife, shacks up with his fiancé, and fails to notify the secretary of state so he can stay on the city council of the city in which he no longer lives, but potential “fraud” when an 84-year-old woman who has voted in every election since 1948 doesn’t have a birth certificate because she was born at home in 1927.

In which my friend Susie does good things for my brain.

Expand & protect.

Lunch yesterday with my awesome friend Susie Greene, who has just produced/published this multimedia investigation into solitary confinement.  Extra bonus awesomeness, it features ass-kicking DU clinical professor Laura Rovner.   The video will expand your brain into the toxic arena of solitary confinement.  You thought it was just a few days “in the hole” for bad behavior.  Think again.

And, um, protect.  After lunch — at the (perfectly appropriate) prodding of Susie and Tim — Susie took me ski-helmet shopping.   I have been trying to convince myself that having skied for 40ish years without a helmet, I was somehow grandfathered (grandmothered?) in.   But even I had to admit, finally, that this made no damn sense.  So now I’ll look like this when I ski:

Lindsey Vonn skiing at top speed

Or more realistically:

Amy in a red ski helmet