Re: The End is Nigh
 

But I don't get what part of the ADA guarantees someone the right to watch their food being prepared.

The article said that Chipotle brought out samples to look at -- what is so special about watching it being made? You can fax or order online and just pick it up already made so apparently the watching isn't a necessary part of the whole Chipotle "experience." It's not like the plaintiff was saying the divider lines were too narrow for the chair to go through and order at the counter.

I wonder if it would be a reasonable accommodation if the chain put mirrors on the ceiling angled so anyone sitting in wheelchair height could see the work counter or if the 9th circuit would thing they needed the same viewing angle as someone standing.

Re: The End is Nigh
 

The whole thought of watching food prep at Chipotle (I am not sure I know what this is, but I am guessing its somewhere I would not want to go. at least not eat anything that they serve there) is making me nauseous. I wish I could sue the 9th circuit for my pain and suffering.

Re: The End is Nigh
 

They would require pink Champagne on ice.

Re: The End is Nigh
 

I called my brother the architect to ask where they go to get the ADA standards. He directed me to this site. At any rate, he thought that the relevant sections were 4.32.4 ("Height of Tables or Counters"), 4.34.3 ("Reach Ranges"), 5.2 ("Counters and Bars") and 5.5 ("Food Service Lines"). At first, he thought that 45 inches was sort of high, but when he thought about it some more he conceeded that the counters were probably 45 inches high until the last 5 feet or so, presumably to meet section 5.2 ("Where food or drink is served at counters exceeding 34 in (865 mm) in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 in (1525 mm) in length minimum shall be provided in compliance with 4.32 or service shall be available at accessible tables within the same area.") Without having read anything more than Less's article, it sounds like that judge didn't think that was the right section to look at OR he thought it wasn't good enough. My brother mentioned that someone in his office is always grumbing about "the goddam wheelies" when having to deal with ADA issues in design. I refrained from going into detail about what I know about the employment side of the ADA.

Re: The End is Nigh
 

.......that's nice! :D

Re: The End is Nigh
 

Don't get me wrong. I think this could quite possibly be the stupidest thing I've ever heard. You're in a wheel chair. Not everything can be made to fit your life perfectly. That's life. And to bring a suit because you can't see the beans at Chipotle and everyone else can (!) is absolutely ridiculous.

But the fix in this case wouldn't put employees at risk.

TM

Re: The End is Nigh
 

No. Hold the burrito.

TM

Re: The End is Nigh
 

Do you keep a running tally?

I ask because I am fairly certain that you have made the same claim about some of each of Hank's and ppnyc's posts, and, in fairness to them and their respective achievements, you should be held accountable for future changes in the rankings......

Re: The End is Nigh
 

The decision is available here:

http://www.lawweekonline.com/2010/07...isability-law/

4.32 appears to cover counters as one might find at a diner--you sit on stools. This the food service line, where apparently the divider was 45", which is above the little buckets of salsa and such. An adult could see the food unless they're in a wheel chair (or really short).

Looks like the judge just made it up--it was the Chipotle experience that wasn't provided, not a counter of a certain height, for which there appeared to be no specific requirement.

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

Goober dog. I'm glad he's ok. Emergency vets are no fun to visit, but I'm glad they're out there.

Two and a half years ago, Crianza got a hold of the bottle, tore open, and ate 17 of Relampago's heart pills (beef flavored!) a few days after he was first diagnosed with congestive heart failure. The drug was relatively new, and the only other recorded incident involved a Lab (of course) ingesting 30 at once. No one was sure what was going to happen. The drug company picked up the poison control bill because they wanted the data on what happened to Crianza. After making her throw up, she had to go to the emergency vet (these things always seem to happen at night) and was made to eat activated charcoal to absorb any thing left in her system. She was given a clean bill of health the next day, and she just celebrated her 7th birthday yesterday.

I learned a few things that night, the most important being "have some hydrogen peroxide in the house if you have pets in case you need to induce vomiting." Ugh. And the animal poision control number is a useful one to have on hand.

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

Sounds tough. Can't the coach say the kid's skills deteriorated once he got to campus, he had an attitude problem, he lost his spot to someone else who worked harder? How are you going to prove the promises weren't conditional?

That said, if I were the coach and you met with me and the athletic director and said you planned on bringing a suit and making it very public (which might affect recruiting), I would either pay the rest of that money out of my own pocket or would arrange to get the kid the transcripts.

TM

Re: The End is Nigh
 

There isn't. But for new construction, the standard for all walkways and sidewalks is "equivalent access." According to an architect friend of mine, functionally this means that the days of "wheelchair ramp at back" are over. If you had a "main entrance" with steps that had windows and was hung with pricey art, and a wheelchair ramp with a view of the "Your Legal Rights" poster in the employee break room, you'd be violating the ADA not because people in wheelchairs have a "right" to look at art, but because the guidelines (ha!) say their walkway access shall be "equivalent" to that of the able-bodied.

Frankly I think the mirror solution would have passed muster here. You cannot guarantee an "equivalent view" to a person seated in a wheelchair just as you cannot guarantee an equivalent view to someone who is short.

Congress fucked this up by passing feel-good legislation while taking no responsibility for the consequences, or even acknowledging the fact that a compromise to allow access might reduce the quality of the experience for the 99%+ users who do not have a disability. I say again, see also: Education law. Easy to say there's a federal right to an "appropriate" education when you don't fund it.

Re: The End is Nigh
 

Doesn't the suit apply to older stores that weren't built to the same standards as the newer ones which have the accomodation.

TM

Re: The End is Nigh
 

Ironically the ADA has probably had a quietly negative effect on hiring of people with apparent physical disabilities. Now the courts are talking about what employee directives an employer must give to accommodate a disabled coworker, and people are getting resentful. I don't mean "Everybody hold the door open for Bob" type stuff, but more like "Bob has Environmental Toxin Syndrome, so no one can use perfumed beauty products." Or "Bob has an invisible repetitive stress injury, so we'll need you to stand by for all of his typing and filing or other things that involve the use of his hands." Or "Bob has a doctor's note that says loud conversations cause his anxiety attacks . . . ." This shit really happens, and the coworkers are starting to resent each other not because they're disabled, but because the accommodations are falling on them.

Meanwhile the people whom Congress actually had in mind for the ADA soldier on because you have to be pretty fucking resilient just to make it through a day. This is particularly for those who are too proud to actually demand an accommodation, or whose accommodations are no-cost no-brainers.

Re: The End is Nigh
 

I purge regularly.

TM