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capri0mniOn Wednesday, January 11, 2012, the Supreme Court of the United States (SCOTUS) unanimously (I.E. both "liberal" and "conservative" judges) ruled that religious organizations can discriminate at will in deciding whom to hire and fire, as long as those people have the title of "minister."
On the one hand, I'm a firm and staunch supporter in the Separation of Church and State, and believe that freedom of religion is also freedom from religion.
And I can see how, if government officials are allowed to a say in what's considered a "real" religion and who's considered a "real" minister, life could get very dicey and uncomfortable for those with minority belief systems in this culture.
However -- the reason, (on supposed religious grounds) that Hosanna-Tabor Evangelical Lutheran Church and School fired Cheryl Perich was that she sued the school for violation of the American with Disabilities Act, and it's against their religion to involve the courts in settling disputes.
Oh, how convenient. [/Church-Lady Voice]
The thing is: Suing in the Courts is the only provision of enforcement written into the ADA Law.
When the ADA became law 21 1/2 years ago, being told I had the right to sue someone who denied me access sounded like a fantastic gift and a tool of empowerment. But over the years, I've come to see that provision (especially since it's the only tooth that the ADA has) as a tool of disempowerment for PWD. Allowing us to sue also allows those with ability-privilege (like playground bullies) to play "Keep Away" with our civil rights.
Besides, for those business owners who might otherwise want to be inclusive, being told they'd "Better do this right, or you're gonna get sued!" is hardly conducive to fostering an atmosphere of openness and flexibility.
But now that the ADA is law, I don't know how to change it.
*sigh*
On the one hand, I'm a firm and staunch supporter in the Separation of Church and State, and believe that freedom of religion is also freedom from religion.
And I can see how, if government officials are allowed to a say in what's considered a "real" religion and who's considered a "real" minister, life could get very dicey and uncomfortable for those with minority belief systems in this culture.
However -- the reason, (on supposed religious grounds) that Hosanna-Tabor Evangelical Lutheran Church and School fired Cheryl Perich was that she sued the school for violation of the American with Disabilities Act, and it's against their religion to involve the courts in settling disputes.
Oh, how convenient. [/Church-Lady Voice]
The thing is: Suing in the Courts is the only provision of enforcement written into the ADA Law.
When the ADA became law 21 1/2 years ago, being told I had the right to sue someone who denied me access sounded like a fantastic gift and a tool of empowerment. But over the years, I've come to see that provision (especially since it's the only tooth that the ADA has) as a tool of disempowerment for PWD. Allowing us to sue also allows those with ability-privilege (like playground bullies) to play "Keep Away" with our civil rights.
Besides, for those business owners who might otherwise want to be inclusive, being told they'd "Better do this right, or you're gonna get sued!" is hardly conducive to fostering an atmosphere of openness and flexibility.
But now that the ADA is law, I don't know how to change it.
*sigh*
no subject
Date: 2012-01-16 11:56 pm (UTC)no subject
Date: 2012-01-17 02:23 am (UTC)YES!
Besides cracking asunder our current expectation that "accessibility is the responsibility of the private individual," it would also help shift our culture to the idea that PWD are citizens, period -- not special little snowflakes for whom we need to make exceptions.
no subject
Date: 2012-01-17 02:49 am (UTC)And for completeness sake, it was only frustration with my iPod invisible keyboard which stopped my list without enumerating issues for a wider variety.
I, for example, am often paranoid — what better quality for an ADA inspector?
In many towns (including mine) the police have collaborated with folks who use DIS tags to staff volunteer "Disabled Parking Enforcement Squads." Citizens would need to be formally deputized to issue tickets, but the squad members can and do leave bright red warnings. It makes sense because DIS permit holders will always be seeing folks who have not hung their tags or don't have plates.
Too sleepy for more, but I do think it's possible.
no subject
Date: 2012-01-17 04:58 am (UTC)Then when that fails, you go to the courts. And risk what Sheila King is currently going through, having been ordered to pay $20 000 of Jetstar's legal costs after losing her case. Apparently the AIRLINE would suffer "unjustifiable hardship" if it started allowing three "wheelchairs" on one flight. (Not humans or wheelchair users, mind.)
http://www.abc.net.au/rampup/articles/2011/08/25/3301701.htm
http://www.probonoaustralia.com.au/news/2012/01/court-decision-jetstar%E2%80%99s-two-wheelchair-policy-major-blow-disability-group
So now anytime you decide to actually stand up for your rights not to be a second class citizen, you risk utter financial ruin. Awesome! That won't have a chilling effect at all!
no subject
Date: 2012-01-17 06:39 pm (UTC)(I won't be reading those articles right now... had an accessibility/parental death anxiety dream this morning, just before I woke up. And I do not need a reminder that real life and nightmare run very close to each other... not today)