Friday, November 21, 2008

Disabled man denied right to sue

Once again I'm suspending my spurning of the Los Angeles Times, for this is an important story.

Jarek Molski is a 38-year-old man in California who uses a wheelchair after being injured in a motorcycle crash. Many consider Molski a crusader for the disabled. He filed over 400 lawsuits under the Americans with Disabilities Act to ensure compliance with this oft-ignored law.

Many of the suits seemed farfetched at first glance, but a majority of the companies that were targeted were indeed violating the ADA. I'm not saying businesses should be ruined over an inadvertent oversight, but there has to be some way to make sure the ADA is obeyed.

A Reagan-appointed federal judge accused Molski of merely trying to extort money from corporations. But the ADA is clear that reasonable accommodations must be made for the disabled. The judge even conceded that many of the businesses Molski sued were breaking the ADA. Despite this, the judge barred Molski from filing any more suits in that district ever again.

The right-wing U.S. 9th Circuit Court of Appeals upheld that judge's ruling (of course), and now the Supreme Court has allowed that decision to stand.

Even some judges on the 9th Circus had dissented though, correctly pointing out that Molski was just exercising his right to petition the government for redress of grievances.

If the federal district court in California is so worried about vexatious litigants, why don't they do anything about clowns like the misnamed National Right to Work Legal Defense Foundation? This organization files frivolous suits in that same district every time a union fails to represent nonunion employees.

Uh, California isn't a work-for-less state. Thus, dues paid by union workers there aren't required to be used to represent nonunion workers. I'm sure the National Right to Work Legal Defense Foundation knows this, yet its abuse of the legal system continues unabated.

(Source: http://www.latimes.com/news/local/la-me-wheelchair18-2008nov18,0,2293830.story)

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