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.

Ethics Quiz: The World’s Cutest Water-skier

waterskiing baby

Keith St. Onge and his wife are professional barefoot water skiers and co-owners of the World Barefoot Center in Winter Haven, Florida. Last week, they had their six-month old daughter Zyla strap on little tiny skis and finally attempt what her parents had spent weeks training her for–water-skiing. She did it, too, for 686 feet across Lake Silver.  The proud parents filmed her feat and posted the video on YouTube (of course).

The Washington Post notes that many are criticizing the St. Onges for the stunt, claiming child endangerment.  Papa St. Onge defended the unusual pre-toddler (the girl can’t walk yet) activity, saying, “People don’t realize that it was done properly. It was planned and she was ready for it.”

Hmmmm…

Your strange Ethics Alarms Ethics Quiz of the Day is…

Is this ethical parenting?

Continue reading

Carolyn Hax Sides With Bobby Darin, And Dazzles With Her Ethics Advice Again

Syndicated relationship advice columnist Carolyn Hax is as trustworthy an ethicist as I know. She doesn’t call herself an ethicist, and probably doesn’t think of herself as one, but she is far better qualified in the field than many with advanced degrees and tenured teaching positions, not to mention the corporate compliance hacks who write Ethics Codes for the likes of Enron. Carolyn Hax is an ethicist and a superb one because she has an innate, instinctive, nuanced and perceptive understanding of right and wrong, as well as remarkable skill at ethical analysis.

She proves this routinely in her weekly columns, but occasionally special attention should be paid. That was the case last week, when she was asked her blessing by an annoyed fiance on a decision to exit the relationship because her betrothed had decided to reject an offer to enter the world of high finance in favor of pursuing a career as a carpenter, concluding:

I’m seriously considering walking away because I think he is being really selfish given the long-term prospects. I am a professional and have supported us through his two-year master’s program. I am at my end here — what do you think?

In as nice a manner as possible, Hax nails what is wrong with this, saying in part: Continue reading

An “Awww!” Ethics Dunce: Vidal Valladares

vidal

People who stage elaborate public ambush proposals of marriage in sports stadiums, using airplanes and other instrumentalities are inherently unethical, as well as narcissistic  jerks who warrant embarrassing rejections but never get them. This figures, since the women have been dating these tools and are usually jerks themselves. Few such stunts are quite as audacious in their jerkishness as that planned and executed by Vidal Valladares, 24, who shut down the Gulf Freeway, one of the busiest thoroughfares in Houston, to propose to Michelle Wycoff, 23, in the middle of the highway.  The Houston Chronicle, local TV station KTRK and other media outlets treated the stunt with a sympathetic “Awww!”—Ain’t love grand? Who could criticize these love birds, who, but for the vagueries of moral luck, could have caused one or more accidents and  death and destruction, hopefully just to them and not innocent commuters, but you never know.

Reportedly traffic was stopped for less than a minute as Valladares  got down on bended knee to propose (to his ex-wife whom he divorced in June) while the automobiles waited. “I never really thought about causing an accident,” Valladares told a local  paper. “I thought about my girlfriend.”

Awww!

How romantic!

You’re an idiot.

The Harris County District Attorney’s Office is charging the couple with “obstruction of highway, a Class B misdemeanor.

Good.

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Pointer, Source, and Graphic: Houston Press

On the Importance Of Christmas To The Culture And Our Nation : An Ethics Alarms Guide

christmas-hero-H

I don’t know what perverted instinct it is that has persuaded colleges and schools to make their campuses a Christmas-free experience. Nor can I get into the scrimy and misguided minds of people like Roselle Park New Jersey Councilwoman Charlene Storey, who resigned over the city council’s decision to call its Christmas tree lighting a Christmas Tree Lighting, pouting that this wasn’t “inclusive,” or the  CNN goon who dictated the bizarre policy that the Christmas Party shot up by the husband-wife Muslim terrorists had to be called a “Holiday Party.”  Christmas, as the cultural tradition it evolved to be, is about inclusion, and if someone feels excluded, they are excluding themselves.  Is it the name that is so forbidding? Well, too bad. That’s its name, not “holiday.” Arbor Day is a holiday. Christmas is a state of mind. [The Ethics Alarms Christmas posts are here.]

Many years ago, I lost a friend over a workplace dispute on this topic, when a colleague and fellow executive at a large Washington foundation threw a fit of indignation over the designation of the headquarters party as a Christmas party, and the gift exchange (yes, it was stupid) as “Christmas Elves.” Marcia was Jewish, and a militant unionist, pro-abortion, feminist, all-liberal all-the-time activist of considerable power and passion. She cowed our pusillanimous, spineless executive to re-name the party a “holiday party” and the gift giving “Holiday Pixies,” whatever the hell they are.

I told Marcia straight out that she was wrong, and that people like her were harming the culture. Christmas practiced in the workplace, streets, schools and the rest is a cultural holiday of immense value to everyone open enough to experience it, and I told her to read “A Christmas Carol” again. Dickens got it, Scrooge got it, and there was no reason that the time of year culturally assigned by tradition to re-establish our best instincts of love, kindness, gratitude, empathy, charity and generosity should be attacked, shunned or avoided as any kind of religious indoctrination or “government endorsement of religion.”  Jews, Muslims, atheists and Mayans who take part in a secular Christmas and all of its traditions—including the Christmas carols and the Christian traditions of the star, the manger and the rest, lose nothing, and gain a great deal. Christmas is supposed to bring everyone in a society together after the conflicts of the past years have pulled them apart, What could possibly be objectionable to that? What could be more important than that, especially in these especially divisive times? How could it possibly be responsible, sensible or ethical to try to sabotage such a benign, healing, joyful tradition and weaken it in our culture, when we need it most?

I liked and respected Marcia, but I deplore the negative and corrosive effect people like her have had on Christmas, and as a result, the strength of American community. I told her so too, and that was the end of that friendship. Killing America’s strong embrace of Christmas is a terrible, damaging, self-destructive activity, but it us well underway. I wrote about how the process was advancing here, and re-reading what I wrote, I can only see the phenomenon deepening, and hardening like Scrooge’s pre-ghost heart. Then I said…

Christmas just feels half-hearted, uncertain, unenthusiastic now. Forced. Dying.

It was a season culminating in a day in which a whole culture, or most of it, engaged in loving deeds, celebrated ethical values, thought the best of their neighbors and species, and tried to make each other happy and hopeful, and perhaps reverent and whimsical too.  I think it was a healthy phenomenon, and I think we will be the worse for its demise. All of us…even those who have worked so diligently and self-righteously to bring it to this diminished state.

Resuscitating and revitalizing Christmas in our nation’s heart will take more than three ghosts, and will require overcoming political correctness maniacs, victim-mongers and cultural bullies; a timid and dim-witted media, and spineless management everywhere. It is still worth fighting for.

More than five years ago, Ethics Alarms laid out a battle plan to resist the anti-Christmas crush, which this year is already underway. Nobody was reading the blog then; more are now. Here is the post: Continue reading

Comment of the Day: Sabrina Corgatelli, Fick

sabrina_corgatelli2

Just as the Cecil the Lion kerfluffle began to disperse (as Republicans try to recruit a dentist to shoot Donald Trump), frequent Ethics Alarms commenter Ing scored a Comment of the Day on my follow-up post about in-your-face giraffe-killer Sabrina Sabatelli, who intentionally mocked the Cecil mourners.

I designated her a fick, someone who publicly revels in their unethical conduct. Ing demurs, and employs the three Niggardly Principles to make his argument. I’ll be back briefly at the end; in the meantime, I’ll add the Niggardly Principle definitions to his commentary so you don’t have to follow the link back and forth.

Here is Ing’s Comment of the Day on the post, Sabrina Corgatelli, Fick: Continue reading

Sabrina Corgatelli, Fick

Sabrina_Corgatelli

Sabrina Corgatelli, a university accountant from McCammon, Idaho, is engaging in such blatantly fickish conduct that I am tempted to change the term “fick” to “corgatelli.” I won’t, because the conduct by the felicitously named Leroy Fick (in proudly declaring to the media in 2011 that he would continue to accept public assistance from Michigan despite winning the state lottery) had no defenders at all, while Corgatelli has thousands of fans who are evidently just as warped as she is. Thus Corgatelli is a fick—an individual who not only engages in unethical conduct but who publicly brags about it—and Leroy Fick avoids the fate of being labelled a corgatelli.

I just wanted to get that bit of terminology housekeeping out of the way at the outset. I must say, however, that at least fick Fick’s motives for his fickism are traditional and comprehensible: selfishness and greed. Corgatelli pays large sums of money to travel large distances in order to kill endangered species. If forced with a crossbow to my head to play Sophie’s Choice with one fick or the other, I’ll keep Leroy.

Corgatelli has set out to taunt critics of Cecil the Lion Killer Walter Palmer by posting  serial images of herself on  social media, posing triumphantly with her big game victims, sporting captions like this one, attached to the photo above: Continue reading

Creative Cruelty To Animals: Thomas Neil Rodriguez And The Dog’s “Bucket List”

Like all dogs, Poh has several amusement parks on his bucket list...

Like all dogs, Poh has several amusement parks on his bucket list…

I don’t know about you, but this story ticks me off.

Thomas Neil Rodriguez’s got a terminal diagnosis of his 15-year-old  dog Poh when he had his pet examined by the vet.. His response was to embark with Poh on a 12,000 mile automobile odyssey to 35 cities, taking seven weeks, which he described to ABC News as  fulfilling “their” bucket list.  “It was a great trip,” Rodriguez told ABC.  “I got to spend seven weeks with Poh. At first, I did not think he’d make it two weeks, but he did.”

Dogs don’t have bucket lists. They are always happy to be with their loved ones, but traveling is stressful, and what an old dog, a dying dog, or any dog wants most is rest, love, familiar routines and surroundings. If Rodriguez had no choice but to travel, taking poor Poh along was arguably kinder than leaving him in a kennel or with a stranger (or putting him down), but to proudly proclaim that this journey was in any way for the dog’s pleasure is outrageous. Rodriguez is irresponsible, and celebrating it. Po was made to suffer for his master’s enjoyment and convenience, and the rest is nothing but spin, or perhaps a guilty fantasy.

( Best comment on Althouse’s blog: “Same reason a man would buy his wife a power tool set for her birthday. He wants it.” Right. Except that buying her the power tools isn’t as likely to kill her.)

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Spark and Pointer: Ann Althouse

Source: ABC

Legal But Not Ethical: Sex With A Demented Spouse

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading

Comment of the Day: “Make Voting Compulsory, Because We Can’t Let THAT Happen Again”

Maybe Ruth Marcus would like this system better...

Maybe Ruth Marcus would like this system better…

Theories of democracy and political science, Robert Heinlein, minimizing bias from self-interest, scientist suspicion, GIANT BUGS…okay, it doesn’t quite get to the bugs. But what’s not to like about texagg 04’s reflections and exposition sparked by the post on Ruth Marcus’s plug for compulsory voting? Here is his Comment of the Day on the post, Make Voting Compulsory, Because We Can’t Let THAT Happen Again: Continue reading