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-   -   The thread where Spring has sprung, and Penske has risen from the law. Word! (http://www.lawtalkers.com/forums/showthread.php?t=853)

LessinSF 07-27-2010 11:15 PM

The End is Nigh
 
ADA absurdity reaches new hig ..., um, lows.

Hank Chinaski 07-27-2010 11:21 PM

Re: The End is Nigh
 
Quote:

Originally Posted by LessinSF (Post 429830)

is there a minimum number of employees for ada to apply? like if I own a 1 branch small restaurant am i exempt?

Atticus Grinch 07-27-2010 11:25 PM

Re: The End is Nigh
 
Quote:

Originally Posted by LessinSF (Post 429830)

That's absurd. The courts and the regulatory agencies have been off the rails for a while, but Congress is too cowardly to say what it meant. See also: Education law (except the courts have been SLIGHTLY more sensible than they've been in the ADA context).

Penske 2.0 07-27-2010 11:54 PM

Re: The End is Nigh
 
Quote:

Originally Posted by LessinSF (Post 429830)

To me this is exemplary of California as a dying state. Why anyone would want to do business there (other than maybe in the wine industry) escapes me. Probably in the bottom ten from a regulatory/administrative cost/barriers to entry in my industry.

No offence.

And in fairness, I do like the wine.

Icky Thump 07-28-2010 08:58 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Penske 2.0 (Post 429833)
To me this is exemplary of California as a dying state. Why anyone would want to do business there (other than maybe in the wine industry) escapes me.

Nah, plaintiffs' lawyers are fist-fighting for office space.

Cletus Miller 07-28-2010 09:49 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Atticus Grinch (Post 429832)
That's absurd. The courts and the regulatory agencies have been off the rails for a while, but Congress is too cowardly to say what it meant. See also: Education law (except the courts have been SLIGHTLY more sensible than they've been in the ADA context).

Oh c'mon, Congress passed it that way because there's a consensus among Americans that we like our shit fucked up in bizarre ways.

The question it raises for me--how can you provide the same view as everyone else? What do they do about blind people? Does every restaurant now need to be Opaque? Is Bizarro Harrison Bergeron!

Greedy,Greedy,Greedy 07-28-2010 09:57 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429848)
Oh c'mon, Congress passed it that way because there's a consensus among Americans that we like our shit fucked up in bizarre ways.

The question it raises for me--how can you provide the same view as everyone else? What do they do about blind people? Does every restaurant now need to be Opaque? Is Bizarro Harrison Bergeron!

Here's the problem. You drop the food down to waist level for the wheel chairs, and it's no longer the same view because all the upright walkers are looking way down at the food. But if you create two counters, one for wheelers and one for walkers, then you've got a separate but equal problem - we know that never works. I think what we've got to do is require that everyone entering a restaurant sit in a wheel chair as soon as they enter. It's the only way.

Hank Chinaski 07-28-2010 10:00 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429848)
Oh c'mon, Congress passed it that way because there's a consensus among Americans that we like our shit fucked up in bizarre ways.

The question it raises for me--how can you provide the same view as everyone else? What do they do about blind people? Does every restaurant now need to be Opaque? Is Bizarro Harrison Bergeron!

someone answer my question please. is there a minimum number of employees for a restaurant to come under this law?

Cletus Miller 07-28-2010 10:11 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 429849)
Here's the problem. You drop the food down to waist level for the wheel chairs, and it's no longer the same view because all the upright walkers are looking way down at the food. But if you create two counters, one for wheelers and one for walkers, then you've got a separate but equal problem - we know that never works. I think what we've got to do is require that everyone entering a restaurant sit in a wheel chair as soon as they enter. It's the only way.

What about the blind and those with olfactory deficiencies? Because that's the next suit.

I think either the 3 judges are actually seeking to have the 1990 ADA invalidated at the SCt, or it's animosity toward/seeking increased billings for Chipotle's counsel.

Cletus Miller 07-28-2010 10:20 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Hank Chinaski (Post 429852)
someone answer my question please. is there a minimum number of employees for a restaurant to come under this law?

w/o research, as to employee accommodations, yes there is some minimum employee requirement; as to *customer* accommodations, I don't think so, otherwise, what's the point?

Hank Chinaski 07-28-2010 10:28 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429855)
w/o research, as to employee accommodations, yes there is some minimum employee requirement; as to *customer* accommodations, I don't think so, otherwise, what's the point?

but the point isn't to eliminate the possibility of small restaurants opening is it?

I guess you're right though because they have to accessible at doors etc.

Cletus Miller 07-28-2010 10:37 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Hank Chinaski (Post 429857)
but the point isn't to eliminate the possibility of small restaurants opening is it?

I guess you're right though because they have to accessible at doors etc.

Found a quick summary of the public accommodation aspect, from an advocacy group, here. If Chipotle re-incorporated as a religious organization, they apparently could avoid it.

futbol fan 07-28-2010 10:37 AM

Re: Allo allo.
 
Refreshingly non-greezy. I thank you.

Hank Chinaski 07-28-2010 10:44 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429860)
Found a quick summary of the public accommodation aspect, from an advocacy group, here. If Chipotle re-incorporated as a religious organization, they apparently could avoid it.

my funnest part was when we put a shower room in. my building is grandfather and barely accessible. no one in a chair is in the building though (only 3 floors).

the contractor had to put in a handicap friendly shower which cost big $$$$. actually it was hard to find even. I'm like, no one in a chair will use this. it isn't for the public. no matter.

Cletus Miller 07-28-2010 10:51 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Hank Chinaski (Post 429863)
my funnest part was when we put a shower room in. my building is grandfather and barely accessible. no one in a chair is in the building though (only 3 floors).

the contractor had to put in a handicap friendly shower which cost big $$$$. actually it was hard to find even. I'm like, no one in a chair will use this. it isn't for the public. no matter.

You should reorganize as a church.

ThurgreedMarshall 07-28-2010 10:53 AM

Re: In-House Question
 
Quote:

Originally Posted by Fugee (Post 429789)
The couple I was matchmaker for -- I almost blew it because I was so unsublty trying to push them together that the guy thought I was interested in him.

Please to explain, as this makes no sense.

TM

Greedy,Greedy,Greedy 07-28-2010 10:55 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429860)
Found a quick summary of the public accommodation aspect, from an advocacy group, here. If Chipotle re-incorporated as a religious organization, they apparently could avoid it.

You are good to do Hank's googling for him. Don't forget to send the bill.

Cletus Miller 07-28-2010 10:58 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 429868)
You are good to do Hank's googling for him. Don't forget to send the bill.

Only when I hit quarter hours. Not there yet.

Fugee 07-28-2010 11:32 AM

Re: In-House Question
 
Quote:

Originally Posted by ThurgreedMarshall (Post 429866)
Please to explain, as this makes no sense.

TM

See I was trying to be subtle so I didn't straight out tell him I thought she'd be a good fit for him. I just spent more time around him with her, and I was unsublte enough that he figured out one of us was interested in him but thought it was me. He's a very nice guy and not particularly assertive so he didn't want to hurt my feelings or create drama between my friend and I. Fortunately they both went on a group canoe trip and I wasn't there so they got it sorted out and all ended well.

Penske 2.0 07-28-2010 11:34 AM

Re: The End is Nigh
 
Quote:

Originally Posted by Icky Thump (Post 429843)
Nah, plaintiffs' lawyers are fist-fighting for office space.

I know, that's why I would be wary to do business there. They are in the process of eviscerating one of the leading companies in my industry. I foresee people voting with their feet.

Hank Chinaski 07-28-2010 11:37 AM

Re: In-House Question
 
Quote:

Originally Posted by Fugee (Post 429879)
Fortunately they both went on a group canoe trip and I wasn't there so they got it sorted out and all ended well.

for church groups, does this equate to fucking on the trip?

Fugee 07-28-2010 11:38 AM

Re: The End is Nigh
 
Quote:

Originally Posted by LessinSF (Post 429830)

That's just stoopid. If viewing your food before you order it is some special right, then wouldn't all restaurants need to have open kitchens?

It's not like Chipotle has a vast menu. One visit and you can order without even looking. The only thing thats are not completely obvious are the salsas and most people probably choose by amount of spiciness not appearance.

And if they lower the counters, wouldn't that create the possibility of employee injury? I would have thought the food prep areas were installed at a height to avoid strain.

ThurgreedMarshall 07-28-2010 11:59 AM

Re: In-House Question
 
Quote:

Originally Posted by Fugee (Post 429879)
See I was trying to be subtle so I didn't straight out tell him I thought she'd be a good fit for him. I just spent more time around him with her, and I was unsublte enough that he figured out one of us was interested in him but thought it was me. He's a very nice guy and not particularly assertive so he didn't want to hurt my feelings or create drama between my friend and I. Fortunately they both went on a group canoe trip and I wasn't there so they got it sorted out and all ended well.

Was your takeaway that you shouldn't meddle so much since the two got together once you were no longer in the picture?

(That's a rhetorical question, btw.)

TM

ThurgreedMarshall 07-28-2010 12:00 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Fugee (Post 429885)
And if they lower the counters, wouldn't that create the possibility of employee injury? I would have thought the food prep areas were installed at a height to avoid strain.

I imagine that the employee side will remain as it is and the customer floor will be raised.

TM

Penske 2.0 07-28-2010 12:06 PM

Re: The End is Nigh
 
Quote:

Originally Posted by ThurgreedMarshall (Post 429892)
I imagine that the employee side will remain as it is and the customer floor will be raised.

TM

All glass/see through counters?

futbol fan 07-28-2010 12:09 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Penske 2.0 (Post 429893)
All glass/see through counters?

Customers in glass bottom boat; food preparation in transparent underwater dome. Pickup orders at dock. Problem solved. You're welcome.

Cletus Miller 07-28-2010 12:10 PM

Re: The End is Nigh
 
Quote:

Originally Posted by ThurgreedMarshall (Post 429892)
I imagine that the employee side will remain as it is and the customer floor will be raised.

TM

But then the plaintiff *still* wouldn't have the same view as the rest of us, who are able to see over the sneeze guard. And how do they provide a reasonable accommodation for a blind burrito fan?

Penske 2.0 07-28-2010 12:11 PM

Re: The End is Nigh
 
Quote:

Originally Posted by ironweed (Post 429896)
Customers in glass bottom boat; food preparation in transparent underwater dome. Pickup orders at dock. Problem solved. You're welcome.

The Nemo ride at Disney can be the beta. Californians love sushi.

Did you just call me Coltrane? 07-28-2010 12:40 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Penske 2.0 (Post 429893)
All glass/see through counters?

I would like to see the station where they inject tons of delicious salt into everything. Would you like a burrito with your salt?

patentparanyc 07-28-2010 12:45 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Did you just call me Coltrane? (Post 429908)
I would like to see the station where they inject tons of delicious salt into everything. Would you like a burrito with your salt?


those burritos are like 1,000 calories. I'll pass.

Atticus Grinch 07-28-2010 12:46 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429848)
Is Bizarro Harrison Bergeron!

Brother of Menelaus?

Hank Chinaski 07-28-2010 12:51 PM

Re: The thread where Spring has sprung, and Penske has risen from the law. Word!
 
so months ago I ranted about a college freshman who had been tricked into paying for a private school with 2 promises: 1) you'll be on varsity b-ball roster and 2) next year I'll likely get you athletic scholarship $$$$.

so the kid takes out loans and mom and granny scrimp and he is there, and finds out 1 was a lie and 2 is too silly to even ask about. so kid decides to transfer for next year. but they owe about $2000 so the school says "no transcripts." the family thinks it has worked it out by promising to pay over 2 years, but recently learned that the transcripts free up when the money has all been paid.

so this "educational institution" has now not only fucked the kid's dreams it also wants him sitting around at home for 2 years where he will likely develop very bad habits. the funny thing is the school's webpage talks about a committment to education AND I'm sure the admins there all moved into education to further that goal.

so, anyhoo, I'm thinking about a lawsuit, for the difference between the cost at that school and in-state public school. the suit would be based upon the "promise" which was oral. I'm thinking it's the kind of thing that attracts settlement money quickly if framed against dismissal.

thoughts?

Atticus Grinch 07-28-2010 12:52 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Cletus Miller (Post 429854)
I think either the 3 judges are actually seeking to have the 1990 ADA invalidated at the SCt, or it's animosity toward/seeking increased billings for Chipotle's counsel.

There's a story going around amongst building and planning folks that LA once required a wheelchair ramp into a lifeguard tower. Them's the rules.

Greedy,Greedy,Greedy 07-28-2010 12:53 PM

Re: The End is Nigh
 
Quote:

Originally Posted by ironweed (Post 429896)
Customers in glass bottom boat; food preparation in transparent underwater dome. Pickup orders at dock. Problem solved. You're welcome.

What about the blind customers?

Hank Chinaski 07-28-2010 12:53 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Atticus Grinch (Post 429914)
There's a story going around amongst building and planning folks that LA once required a wheelchair ramp into a lifeguard tower. Them's the rules.

I used to swim in a pool where a one legged guy swam. who is to say a no legged guy couldn't lifeguard?

Atticus Grinch 07-28-2010 12:55 PM

Re: The thread where Spring has sprung, and Penske has risen from the law. Word!
 
Quote:

Originally Posted by Hank Chinaski (Post 429913)
so months ago I ranted about a college freshman who had been tricked into paying for a private school with 2 promises: 1) you'll be on varsity b-ball roster and 2) next year I'll likely get you athletic scholarship $$$$.

so the kid takes out loans and mom and granny scrimp and he is there, and finds out 1 was a lie and 2 is too silly to even ask about. so kid decides to transfer for next year. but they owe about $2000 so the school says "no transcripts." the family thinks it has worked it out by promising to pay over 2 years, but recently learned that the transcripts free up when the money has all been paid.

so this "educational institution" has now not only fucked the kid's dreams it also wants him sitting around at home for 2 years where he will likely develop very bad habits. the funny thing is the school's webpage talks about a committment to education AND I'm sure the admins there all moved into education to further that goal.

so, anyhoo, I'm thinking about a lawsuit, for the difference between the cost at that school and in-state public school. the suit would be based upon the "promise" which was oral. I'm thinking it's the kind of thing that attracts settlement money quickly if framed against dismissal.

thoughts?

There's some law on that.

Hank Chinaski 07-28-2010 12:58 PM

Re: The thread where Spring has sprung, and Penske has risen from the law. Word!
 
Quote:

Originally Posted by Atticus Grinch (Post 429917)

tihs is great, but the hold up has been cleared. there was no time to play about that. my question is how to fuck with the school to stop the next instance and maybe get some of the $$ back.

Did you just call me Coltrane? 07-28-2010 12:59 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Hank Chinaski (Post 429916)
I used to swim in a pool where a one legged guy swam. who is to say a no legged guy couldn't lifeguard?

Was his name Bob?

Hank Chinaski 07-28-2010 01:01 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Did you just call me Coltrane? (Post 429919)
Was his name Bob?

what do call a guy with no legs and no arms that falls out an ninth story window?


Mark. ha ha. get it?

Icky Thump 07-28-2010 01:15 PM

Re: The End is Nigh
 
Quote:

Originally Posted by Penske 2.0 (Post 429880)
I know, that's why I would be wary to do business there. They are in the process of eviscerating one of the leading companies in my industry. I foresee people voting with their feet.

Pussies. We are in the business of eviscerating industries.


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