[conspire] conspire Digest, Vol 161, Issue 20

[bruce coston]

re:
 Oliver Wendell
 Holmes, Jr.:  'This is a court of law, young man, not a
 court of
 justice.'  Nice and fair aren't really in it, y'see.
 Unless you remember that the only principle of Roman law [ predecesor to all those civil law systems ] was Implied Social Contract . Those aint suppossed to be seperate ; and the british history where the peasants flew into revolt should their lord receive a norman emissary - as Norman Rule reduced the peasants to slaves [ ' absolute lord and sovereign over your domain answerable to no earthly power except me ' Billy Conqueror ] . 
 - Bruce
--------------------------------------------
On Wed, 3/22/17, conspire-request at linuxmafia.com <conspire-request at linuxmafia.com> wrote:

 Subject: conspire Digest, Vol 161, Issue 20
 To: conspire at linuxmafia.com
 Date: Wednesday, March 22, 2017, 1:00 AM
 
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 Today's Topics:
 
    1. Re: Contact DOJ and tell them to blow
 it out their ass (Rick Moen)
 
 
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 Message: 1
 Date: Tue, 21 Mar 2017 23:56:11 -0700
 From: Rick Moen <rick at linuxmafia.com>
 To: conspire at linuxmafia.com
 Subject: Re: [conspire] Contact DOJ and tell them to blow it
 out their
     ass
 Message-ID: <20170322065611.GU5838 at linuxmafia.com>
 Content-Type: text/plain; charset=utf-8
 
 Quoting Paul Zander (paulz at ieee.org):
 
 > Could Gerardo Hernandez be challenged regarding his
 standing?? What
 > brought him to the Dutch Goose?? Does he live in the
 neighborhood??
 > Does he pass through Menlo Park from time to time?? Is
 there some
 > reason why he might be a repeat customer if it were not
 for the ADA
 > "issues"?? Or was he deliberately looking for an
 opportunity to file a
 > suit primarily because of the potential for the
 monetary benefit to
 > himself?
 
 Plainly, the latter.  However, nothing about ADA or the
 surrounding
 traditions of tort law require a civil plaintiff under Title
 III to be 
 pure of heart.  ;->
 
 A plaintiff has standing in a civil complaint if he/she can
 show
 _personal_ harm (meaning being wrongfully deprived of
 something the
 person is entitled to) -- period.  Because ADA Title
 III says that
 covered public accomodations must 'reasonably accomodate'
 members of
 enumerated classes of handicaps, when paraplegic Gerardo
 Hernandez
 rolled his wheelchair into the old Dutch Goose and found
 that there were
 inadequate ramps in the front, unnavigable stairs between
 the back door
 and the rear porch area, a bathroom that failed to meet some
 of the
 published standards for accomodating wheelchairs, etc., he
 automatically
 gained standing to sue Dutch Goose's owner under Federal
 law.
 
 And that is true even if he admitted in court that the
 _only_ reason he
 went to West Menlo Park and to that particular dive was that
 he'd heard
 they were easy pickings for an ADA lawsuit and could gain
 him a quick
 $64,000 damages award.
 
 There was an old quotation from that famous legal windbag
 Oliver Wendell
 Holmes, Jr.:  'This is a court of law, young man, not a
 court of
 justice.'  Nice and fair aren't really in it, y'see.
 
 
 
 
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 End of conspire Digest, Vol 161, Issue 20
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