Category Archives: Random Smartassery

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!

The Killing’s New Mystery.

[Warning: Season One Spoiler Alert]

I love The Killing.  It doesn’t have the snappy dialog of Justified, but the characters seem incredibly well-drawn and real to me.  I strongly dissent from all the whining about the end of season 1 when we did not in fact learn who killed Rosie Larson.  Apparently the producer got major push-back for the simple act of treating her audience like grown-ups and showing us that the plot would not resolve itself as neatly as we all hoped.

Season 2 introduces a new, equally compelling, mystery, however:  How badly will the show fuck up the newly-spinal-cord-injured-mayoral-candidate story line?  As of now, he’s in the hospital starting to get his head around the fact that he’s paralyzed.  We’ve had a couple of scenes designed, I think, to underscore the reality of How Bad This Really Is, and we’ve watched his (it turns out) chickenshit campaign chief run away from him rather than talk about it.

But where does it go from here?  The way the entertainment industry generally treats disability suggests several likely scenarios.  WordPress lets you vote!

PT

I have lower back pain.  Whatever.   For the past ten years or so, I’ve been treating it with a combination of ignoring and whining.   This year, when I noticed an unappealing tendency to grunt when doing complex tasks like sitting down in a chair and getting up from a chair, I decided to whine to my primary care doc, who prescribed physical therapy.

It’s only appropriate to note that Tim had been recommending this for years.  He already has a lifetime of I-told-you-sos from the time I left the overhead lights on in the van at the airport for a week, which we discovered when we flew home at midnight, so I guess a few more won’t make any difference.

Anyway, my first PT appointment was last week, and the helpful PT figured out useful things about my spine and prescribed stretches.  As we’ve previously established, I suck at stretches.  So this week I did stretches.  Occasionally.  As I headed off to my second appointment this morning, I asked Tim, “What exactly is the point of repeated PT appointments?  Do they just nag you to do your stretches?”  He politely suggested that this would not be a total waste of time in my case.

It turns out the point of repeated PT appointment is to give you more stretches.  I now have a routine of seven stretches I’m supposed to do morning and evening, and a different routine I’m supposed to do hourly sitting at my desk.  At least one of them looks like a rude physical maneuver I’ve often suggested — though not to their faces — that opposing counsel attempt.

But this whole blog post was written about what came next.  The last stretch the PT taught me involved taking this:

holding it between my back and the wall, and rolling it up and down.  The stretch, she explained, is called “balls on the wall.”  And then I performed the most strenuous stretch of all:  deploying every muscle from my dorsal spinal lumbar stomach region all the way up to my eyebrows not to snicker.  And to hold this exhausting non-snicker position through the entire demonstration.

And not once — NOT ONCE — to call it what it obviously is.  Yes, folks, I’ll be doing the balls-to-the-wall stretch.

Why Google + is not working

Since I’m a gmail & Google Docs user, I signed up for Google +, immediately connected with six people, and am never motivated to check it once I’ve caught up with my peeps on Facebook.  Apparently neither is anyone else.  So Google dug deep into its vaunted stockpile of information about me — law nerd browsing habits, clothing orders from LL Bean and Lands End, Lifehacker addiction — and sent the following email designed to lure me back to Google +:

Uh, no.  Thanks. Really, I’ll pass on another time sink, this one devoted to Victoria Justice’s new favorite hat, Britney Spears, and some random dude I’ve never heard of.

Shit Walkies Say

Having thoroughly enjoyed Shit Sighted People Say to Blind People, Shit White Girls Say to Black Girls, and Shit White Girls Say to Arab Girls, I decided it would be hilarious to make a video out of some of the stupid shit people have said to Tim* over the years.  Only problem, of course:  I have no video production skills, not to mention equipment.  So — as with a couple of previous posts — I relied on the cartoon people over at xtranormal and created this.   I’m sure it doesn’t measure up to the videos that inspired it, but on the upside, I only wasted three hours on it.

*  Yes, it’s weird that it’s me (a walkie) and not Tim who made this little video, but he’s busy actually practicing law, or possibly (we can only hope!) drafting his first guest blog post.  Stay tuned!!

Public service: talking to your politically-deluded family members.

If you have a relative who is completely deluded politically  with whom you graciously disagree on various political matters, you may have trouble from time to time coming up with something to talk about at family gatherings.  As regular readers of both of our blogs have discerned, my brother is completely deluded politically a Republican and I am correct in all things a Democrat.   Yet we have many fascinating, non-political things to talk about.  Herewith, as a public service at these family-oriented holidays, a working list of the things that can completely occupy our conversation in the absence of politics:

  1. the awesomeness of my niece and nephew.
  2. our weird extended family.
  3. nasal allergies.
  4. solutions to nasal allergies.
  5. things his kids have puked up compared with things my dogs have puked up (I win — neither of his kids ever puked up a tennis ball).
  6. food (generally not immediately following item #5).
  7. decades old in-jokes involving pointless things our grandfather said.
  8. sports.
  9. hilarious things our father used to do, for example, applying lotion to his face while driving by pouring a big puddle of lotion on the dashboard and dabbing it on his face.
  10. Fart jokes.

Your mileage may vary.

Time

Tim and I have a mixed marriage.

Not really religion :  even though we’re technically of two different faith traditions, we’ve found we often have more in common with each other than either of us has with most of the rest of our respective tribes.

Not sports teams:  I converted.

And of course, we’re both lawyers.  I have *no* idea how mixed marriages between lawyers and non-lawyers work.  What on Earth do they talk about?

No, Tim and I are a mixed marriage with respect to time.  I’m analog.  He’s digital.

For example, I don’t believe that the time of day comes in chunks smaller than five minutes.  So I would no more say “it’s 12:37” than I’d say “it’s 12:37:42.03.”  It’s either 12:35 or 12:40.  And truthfully, I’m much more likely to see this

and say “twelve thirty” or “quarter of one.”  Because really, who needs to know that it’s “twenty-five of one?”   In fact, I’m likely to see this:

digital clock showing 12:37

and say  “twelve thirty” or “quarter of one.”  This, of course, drives Tim up the wall.

When we first met, my watch looked like this:

watch with hands but no numbers

That’s right — no numbers whatsoever.*   Do you really need them?  Look at that watch face.  You know all you need to know about the time:  it’s that time of the afternoon when you should start thinking more seriously about what you are going to eat for dinner.

I’m also generally late.  This is based on (1) my refusal to remember the digits to the right of the colon in the start time of any event and (2) the fact that when that time rolls around, I view it as my signal to start getting ready to go.  Thus, if I were in charge of getting us on a 12:37 flight, I would internalize it as “12 something,” and at 12 something,  start to think about packing for the trip.  This is why I am *never* in charge of getting us to the airport on time.  Occasionally, on a lark, I take charge of some lesser event, say, dinner reservations at a steak joint where they know us, we’re not meeting anyone, and if I totally screw it up, we can eat in the bar.   I can usually get us there within 20 minutes one side or the other of when we’re supposed to be there.

Where it really gets interesting, however, is where Tim is forced reassert control over the time situation.  This is when we discovered his time-bending abilities.  For example, if we’re supposed to be at his parents’ house at noon….  Pause to explain that in the Fox family, the time gene follows the paternal line.  This was clearly not so in our family, where my father had more or less my attitude and aptitude toward time and my mother and brother share Tim’s precision.  But when we’re set to meet the Foxes at, say, noon, we generally get a call at 11:55 asking our ETA.  (Love you, Denver!)

Back to time-bending.  If I’ve managed to make us late — say, just as a hypothetical, by waiting for the actual necessary departure time to begin a long list of pre-departure tasks (change clothes, brush teeth, gather miscellaneous items that belong in my purse, put the dogs out, wait several minutes for Saguaro to select the optimum location to pee, bring the dogs in, locate my coat, etc.) — Tim will reassert control over time.  This is not an adversarial process.  It’s not “Dammmit, we need to get going.”  It’s the fact that once Tim is in the car with me, a trip that — based on the speed limit, the physical capabilities of the van, and the theory of relativity as I understand it — takes 30 minutes will in fact take 10 minutes.  I have no idea how he does it.  We call it “Timmifying time” and it has to be used judiciously, as randomly Timmifying any given trip has the risk of getting you to your destination very early, leaving you as, say, the first two people to arrive at a heinously boring bar dinner.  In those situations, we retroactively Amify the time by stopping at the actual bar and preparing ourselves, chemically AND chronologically, for the event.

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* My watch would still look like this if I could find one for under $25.  I bought this for a couple of bucks in Hong Kong in about 1984 and it long ago gave up the ghost.  Unfortunately, I don’t buy nice watches for the same reason I don’t buy nice pens:  I lose them.  I long ago figured out that this wasn’t going to change, and that rather than freaking out over losing an expensive watch, I would simply buy Timexes or Swatches and replace them as needed.

My car has a mohawk

or:  Where 5’2″ + the Sno-Brum (TM) couldn’t reach.

Stopping to appreciate

I was just about to post a cranky post about opposing counsel in a case we’re involved in* and my last two Facebook posts have been

This is where we are on our Big Case: witness has to go back to doctor for urgent tests and possible exploratory surgery for cancer; Defendant refuses to withdraw the subpoena for her deposition at the same time as the medical appointment.

Mamas don’t let your babies grow up to be lawyers.

and

File under “K” for karma’s a bitch. Opposing counsel who refused to reschedule a deposition for the witness’s medical procedure now needs us to reschedule for *his* medical procedure. Must.Control.Sarcastic.Response.

so it hasn’t been a good week for Rule 1.5.  But before I launch into my latest diatribe, I wanted to link to this, a wonderful meditation** by my friend and co-counsel Kevin Williams on how lucky we are to practice in the field we do.

As many of you know, CCDC’s offices are like many non-profit’s, but from my office, I can see the Colorado Rockies South and West.  From Pike’s Peak…almost…(if you stretch)… to Long’s.  This evening, as I wrap up today’s work (responding to letters from some lawyer telling me why he thinks I’m an a**hole), I was lucky enough to remember to turn around from my desk and look out my window.  I just watched the magnificence of another spectacular Colorado sunset.

The sunsets keep coming.  Fifteen years of being a disability rights lawyer has taught me one undeniable principle: When you represent people who have a righteous cause, you are doing the right thing.  Although we have had a few let-downs over the years, and many, many contentious battles, the victories keep coming. I look forward to tomorrow’s sunset.

We are lucky.  I’ll be ranting again soon — tomorrow, even — about the antics of our opposing counsel, but for tonight I’m thankful to practice in the field that I do, with a partner like Tim, co-counsel like Kevin and the rest of our incredible and various teams, and righteous clients, cases, and issues.  And much as I love our coastal colleagues, with the amazing view of the sun setting over the Rockies.

**********

*Coming soon.

**I think Kevin will hate this word.  I think he’d prefer something more like gin-fueled philosophizing.

Solving our voting problems with advanced technology.

Everyone’s trying to solve the wrong voting problems.  Conservatives are worried that people who can’t drive or people who go to college might vote.  Liberals are concerned that conservatives make campaign claims that aren’t, strictly speaking, true.  But checking driver’s licenses and bloviation accuracy isn’t going to solve the most fundamental problem:  voters who don’t have any clue wtf they’re voting for.   I’m not talking about whether your candidate will change this policy position or that.  I mean fundamentally what sort of world you’re voting for when you pick the person who doesn’t “believe in” evolution or thinks the military should fund itself through bake sales.*

What we need is a technology that is not going to be perfected until at least the 2370s:**  the holodeck. Before citizens are permitted to vote, they enter a holodeck, punch in the candidates or initiatives they’re voting for, and experience the world as it would be if these people or views prevailed.

I was inspired to propose this technology by the following photo:

Photo credit:  Unreal Americans  h/t Beau Weston.

So, for example, the Zero Taxes lady would enter the holodeck, type in “zero taxes” and have to spend, say, a week in a world with no police, firefighters, roads, sidewalks, or, of course (not that I’m making any particular assumptions) Medicare.  Or she could rent Mad Max.

Even generic business-oriented conservatives would have to try to run their businesses without the public highway system, the police to keep marauding bands stealing everything from their factory,*** or an educated workforce.

The folks voting to protest the Affordable Care Act would experience a world in which they work at Wal-Mart and their spouse has cancer.

The folks hoping the military has to fund itself by holding a bake sale get a choice of the Third Reich or the Confederate States of America.  Harsh?  Yes – get a grip.  Though honestly they can share a holodeck experience with the “cut taxes not defense” person in the photo.  If defense is not going to be funded by taxes, I think a bake sale might be her only option, too.

Any liberal breathing the name “Nader” gets the holodeck of the Rick Perry administration.

The anti-regulatory crowd gets the holodeck where they navigate the world of 1990 in a wheelchair and test their own food and drugs.  Toxic?  Ooops!  Now we know!

Tort reformers will incur expensive injuries due to a defective product — one that the company knew it didn’t have to improve or pull from the market because there was no financial exposure in maiming the occasional customer — but be unable to rely on the rule of law for recourse.

My usual half-assed humor aside, what do people think they’re voting for?  Zero Taxes lady, Grover Norquist who wants to drown the government in a bathtub, even Eric Cantor — what is their vision?  What does America look like in their minds?  Rich people in gated communities and Mad Max for the rest of us?  Besides political gamesmanship for its own sake, what do they want?

Even if they don’t know, with holodeck technology, at least voters could know before they vote!

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* A word about equivalence:  buttheadedness seems to me to be fairly evenly distributed along the political spectrum.  Money and power, however, are not.  So while I like to make fun of both sides, it’s pretty clear that the people who are very far removed from reality on the right are now calling the shots for their team, while the reality-impaired on the left are not.  So, for example, there is a fair amount of evidence that the Koch Brothers underwrite the Tea Party, but most of the military-bake-sale bumper stickers tend to be on aging Ford Escorts.  Not that there’s anything wrong with old cars.

** You just knew that if you googled “when was the holodeck invented” there would be an answer.

*** I love Elizabeth Warren!  Preach it, sister!