Tag Archives: Americans with Disabilities Act

Morning Ethics Warm-Up, 11/19/17: The Censorious, The Irresponsible, The Topless, The Panicked, And The Soon To Be Dead

Good Morning!

1 Good-bye Charlie! To get things off to a happy start this Sunday, let’s ponder the news that Charles Manson’s death is imminent. Good. What’s worth pondering is why our society allowed him to live at our expense since 1969. If the justice system has to maintain some ultimate punishment for the worst of the worst crimes  if only to stake out the position that some conduct forfeits the right to exist in a civilized nation—and it does—then Manson should have shuffled off this mortal coil, or rather had it shuffled off for him.

Mark this down as one more area where California has arrived at the wrong answer to an ethics problem.

2. “Knock-knock!” Who’s there? “Child molester!” Child molester who? “Child molester? What child molester? We don’t see any child molesters…” According to internal  documents, the Jehovah’s Witnesses has instructed congregation leaders, called elders, to keep child abuse secret from law enforcement as a matter of policy since at least 1989.

The religious group’s headquarters, known as the Watchtower, sent a letter in 1997 to  local elders across the U.S  instructing them to send to a written report about anyone currently or formerly serving in a position of responsibility known to be have sexually abused a child. A California appeals court last week upheld an order for the Witnesses to pay $4,000 for each day it does not turn over the documents to the court, and the tab currently stands at $2 million. The ruling stems from a case in San Diego, where a man sued the Jehovah’s Witnesses for failing to warn congregants that a child predator was in among them.

Osbaldo Padron was sexually abused as a child by an adult member of his congregation named Gonzalo Campos. Campos confessed to sexually abusing seven children, but although leaders at  the Watchtower knew this,  they continued to promote him to higher positions of responsibility and took no action to protect tne children he came in contact with.

Nice. I guess I’m not going to be polite and chat with those people who knock on my door with copies of the church’s newsletter—you know, “The Watchtower”?—any more.

Is it possible that everyone in the church’s leadership missed the Catholic Church’s scandal in this area? Nobody saw “Spotlight”? Nobody there has a drop of decency or integrity?

Fascinating. Perhaps after he loses his Senate race, maybe Roy Moore will consider a new gig at the Watchtower. Continue reading

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Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading

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Morning Ethics Warm-Up, 10/12/2017: Ben Affleck Is Called A Liar, A Blind Man Wants to See Websites, The Boy Scouts Want Girls, And More…

Good Morning!

1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing  botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one.  The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.

Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.

Now it’s a footnote again.

Moral Luck.

2. WHOA!  Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!

Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and  who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck  tweeted that the allegations against  Weinstein “made him sick,” McGowan called him out on Twitter.:

@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.

Twitter suspended her account. In response, McGowran wrote on Instagram.

TWITTER HAS SUSPENDED ME. THERE ARE POWERFUL FORCES AT WORK. BE MY VOICE. #ROSEARMY #whywomendontreport

These social media platforms are untrustworthy. All of them.

McGowan, meanwhile, is fast approaching Ethics Hero territory. Continue reading

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Morning Ethics Warm-Up: 7/31/17

Good Morning!

1. If you want an instant reading on someone’s ethics alarms, or a quick diagnosis of whether he or she is a jerk, ask their opinion on yesterday’s episode in which New Jersey Governor Chris Christie got in the face of a Cubs fan who was harassing him during the Brewers-Cubs game. Instead of ignoring the fan, who was shouting insults at him, Christie walked over to him and said, among other things, “You’re a big shot!”

“Appreciate that,” the fan gulped.

It’s rude, uncivil and cowardly to shout insults at anyone who just happens to be attending an event as a private citizen. It doesn’t matter who the target is. The fan, Brad Joseph, assumed that he was insulated  by the crowd and the setting from any consequences of being a jackass by setting out to make Christie’s visit to the ball park unpleasant. Bravo to Christie for behaving exactly as any other non-weenie would when subjected to such abuse. Brad was adopting the same false  entitlement the “Hamilton” cast assumed when it harassed Mike Pence, though in lower case. Elected officials have an obligation to listen to the public’s complaints and positions. They do not have an obligation to accept outright abuse, and shouldn’t.

Joseph, heretofore to be referred to as “The Jerk,” or TJ, told a radio station, “I called him a hypocrite because I thought it needed to be said.” Then walk up to the Governor like a man, look him in the eyes, and say it, you chicken. Shouting from a crowd is a hit-and-run tactic, and you know it. You depended on it.

 

“This is America and I think we have the right to say what you believe as long as it’s not crude or profane,” Joseph then said. Wrong, Hot Dog Breath. You do have a right to be crude and profane, but as with those abuses of free speech, harassing someone, anyone, at a ball game is still unfair and unethical.

2. Then there were the ad hominem attacks on the Governor in the comments to the story. Did you know Christie was fat? Did you know that being fat proves his unfitness for public service or removes his human right to be treated decently when he goes to a ball game? These were the conclusions of easily 75% of all commenters, proving informally that 75% of internet commenters have the ethical instincts of 10-year-olds.

The news media was hardly better: check which sources make a big deal about the fact that Christie was holding a plate of nachos when he stared down TJ. This non-essential detail was even in some headlines. Newsweek, which is really just a left-wing supermarket tabloid now, actually headlined the story “Chris Christie confronts fan who wouldn’t let him eat nachos in peace.”

That’s not just fat-shaming, that’s an endorsement of fat-shaming. The problem with Chris Christie isn’t that he’s fat; the problem with him is that he is corrupt and sold out his principles and his country to help make Donald Trump President, none of which justifies abusing him when he’s at a baseball game.

Or watching “Hamilton. Continue reading

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Case Study In How When Ethics Fail And The Law Steps In, The Law Will Screw Things Up Beyond Repair

Like Title IX, like Obamacare, like so many well-intentioned laws and regulations designed to assist and protect vulnerable citizens or traditionally oppressed groups, the Americans with Disabilities Act (ADA) opened the door for abuse, absurd taxpayer costs, and unanticipated consequences. The ADA was rammed into law by activists compassion bullies who proclaimed that any attention to proportion and cost-benefit analysis was mean and heartless. Here is an example of what else came in that open door:

From the LA Times::

ADA lawsuits are now as common as sex-discrimination lawsuits, with more than 26,000 new claims filed against employers each year. The latest litigants have their sights on the most innovative segment of our domestic economy: e-commerce.In this trend, people sue businesses because their websites aren’t sufficiently accessible to the disabled — because the websites lack assistive technologies for the blind or hearing-impaired, say. It began in 2000, when Bank of America became the first entity to settle a web-accessibility lawsuit. Safeway and Charles Schwab soon followed suit. In 2008, Target paid $6 million to settle a class-action suit brought by the National Federation of the Blind, and nearly $4 million more to cover the plaintiffs’ attorney fees and other costs. More than 240 businesses across the country have been sued in federal court over website accessibility since the beginning of 2015. Similar litigation has been brought against universities on the grounds that the free online courses they offer aren’t captioned for deaf users, and against ride-sharing services because their smartphone apps lack text-to-speech capability for blind users.

…According to the demands of disabled users, in order for a website to be accessible, it must use fewer pictures, present text in a format that is compatible with text-reading software and employ design that allows for easy navigation. But the features that make a website more accessible for one disabled group are bound to be objectionable to another.

They may also conflict with other needs. Consider bank websites, which often employ timers that will shut down an online session for security reasons after a particular time period is exceeded. Such “timeouts” could present problems for some disabled users, but eliminating them in the interest of accessibility could impair security for all.

In the process of making a website accessible, questions invariably proliferate. Do certain color combinations violate the ADA because they confound the colorblind? Are certain layouts inaccessible if they’re confusing to users with a limited field of vision? Do the accessibility requirements apply only to the websites themselves, or do they also apply to Web content, such as advertising on a third party’s website? Will website hosts be responsible for the compliance of third-party sites? Must archived Web content be revised to comply? What about mobile apps? Do temporary technical bugs in an otherwise compliant website constitute a violation? What physical and mental conditions will require accommodation? So far, Web accessibility lawsuits have concerned the vision- and hearing-impaired, but future cases could be brought on behalf of plaintiffs diagnosed with dyslexia, ADD/ADHD, narcolepsy, cognitive impairments, paralysis and many other conditions.

The game is to sue deep pockets website owners and extort settlement pay-offs. That’s fine for the Bank of America, but not for, say, Ethics Alarms. This blog could be put out of business by such a lawsuit, and so could hundreds of thousands of others. Continue reading

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McDonald’s And The Blind Man: Why Law Is A Lousy Substitute For Ethics

mcdonalds drive-thru

Thirty-five-year-old Scott Magee is blind, and he resents the fact that McDonald’s has a policy denying walk-up customers at the  drive-through window at his local Louisiana Mickey D’s, as well as everywhere else.  The policy, let us stipulate, is objectively reasonable. McDonald’s has a right to designate a window for drive-through customers and to choose not to offer a walk-up service like Dairy Queens. (Come to think of it, I don’t know that DQ has that any more. Does it?)  It also has a right not to subject itself and its drive-though customers to liability for inadvertently hitting stoned fools who stumble over to the window late at night seeking munchies.

Magee and his Jackie Chiles-emulating New Orleans lawyer, however, are suing the burger chain, arguing that its refusal to accommodate non-drivers who are blind is a violation of the Americans with Disabilities Act.

Now a class-action lawsuit, filed last week  in Chicago’s federal court, alleges that McDonald’s has no “concern whatsoever for the accessibility of the late-night drive-thrus to the disabled.”

Oh, thank-you, George H.W Bush!* The ADA has always been an overly broad and mischievous law that endorses and enables the tyranny of the minority. I have often wondered how often all those wheelchair lifts the law forced financially strapped public transportation departments to install in their buses have been used, and what the cost per use is. I am certain it would have been far cheaper for the cities to just pay for cabs to drive the handicapped commuters door to door, but that would have stigmatized them.

Bush caved to the lobbying for  cultural acceptance of the very debatable concept that citizens have a right to force others, including the government, to solve all of their individual problems, and the cost to the rest of society just doesn’t matter. That idea, a really bad one and a slippery slope to boot, has taken hold with a vengeance, the most prominent recent example being the theory that because less than 1% of the humanity faces a dilemma when choosing which bathroom to use, the rest of the public must forego the comforting privacy of gender-segregated bathrooms and dressing rooms. All girls should learn to be comfortable looking at male genitalia, that’s all, says the Charlotte Observer. How did we reach teh absurd point where that proposition can be seen as more reasonable, equitable and  fair than asking transgender Americans  to endure the occasional discomfort of using the “wrong” bathroom so his or her fellow citizens are comfortable? Why is it preferable to launch a divisive and nasty cultural and legal battle over the issue?

Unless Magee’s case gets thrown out of court, and don’t bet on it, all fast food restaurants will be forced to set up and staff walk-up windows, eliminate drive-up windows, or close down their drive-through service when inside service is shut down for the night. (If Scott can’t have that convenience, no one should.) Either over-head will rise for all fast food chains, causing job losses and higher prices, or everybody will lose the convenience of after-hours drive-up service because there is no safe, reasonable, affordable policy that will satisfy Mr. Scott Magee ‘s late night cravings for McNuggets.

Yes, it would have been nice, and ethical, if the owner of the McDonald’s in question played a little ethics chess and worked out a quiet, compassionate way to make Scott feel loved and catered to. It would have been worth it to agree to just deliver Scott whatever he wanted when the munchies struck, even giving him a special number to call. It would also have been ethical–responsible, considerate, fair, proportional—if Scott just planned ahead and got his Big Mac before the place closed it’s doors. A little mutual consideration and flexibility, some sacrifice and concern for others, a willingness to see things from the other side’s perspective, and this could have been avoided. Instead, jobs may be lost, a convenient service may be sacrificed, prices will rise, business will be lost, and all because one blind man feels that the whole world should adapt to his needs, and not the other way around.

Yes, thanks Papa Bush!

Thanks, McDonalds!

And a special thanks to Scott Magee.

I sure hope he enjoys his burger.

It’s going to cost enough.

*In a moment of momentary amnesia and stupidity, I wrongly blamed the ADA on President Carter. I apologize to Jimmy, though I’m certain he was a supporter.  It’s still an overly broad, ethically muddled, pandering law.

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Now THIS Is An Unethical Lawsuit!

chuck.chuck_

A New Mexico appeals court has refused to overturn the summary judgment dismissal  of Arthur Firstenburg’s five-year-old lawsuit against his neighbor Raphaela Monribot, whom he had accused of causing him excruciating pain and discomfort by using her iPhone, a Wi-Fi connection, dimmer switches, and other electronic devices in her own home. Firstenburg says that he suffers from electromagnetic sensitivity, or EMS, an acute sensitivity to electronic radiation that doctors and and scientists almost unanimously (but not quite) believe doesn’t exist.

Because Monribot had the misfortune to live next door to this guy, she had to defend against a $1.43 million lawsuit that has racked up court costs of over $85,000, and heaven knows what in legal fees. Firstenburg is not paying for any of it because he is broke; his lawyer, Lindsay Lovejoy, had taken the case on a contingent fee basis. She decided the appeal was a lost cause: the plaintiff handled it himself.

This case will, I assume, become the new poster child for those favoring a “loser pays” system, a bad idea that would be godsend in abuses of the system like this one. Continue reading

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