See that is the problem with engineers :-)  They spend all their time on
technical issues and none in the humanities..  Way back in the 1930s or '40s,
George Orwell explained this for all time with the following immortal
observation:

"All animals are created equal.  Some are more equal than others."



From: Fred Townsend <[email protected]>
Organization: DC to Light Consulting Services
List-Post: [email protected]
Date: Mon, 15 Nov 2004 13:08:54 -0800
To: Ken Javor <[email protected]>
Cc: "Robert A. Macy" <[email protected]>, [email protected]
Subject: Re: Storage of UPS Batteries




I don't necessarily disagree with Mr. Javor. However if the person in the
wheel chair has the right to endanger my life but I do not have the right to
endanger the person in the wheel chair, the wheel chair driver becomes a super
citizen. Where is the equal protection under the law guaranteed by the
constitution?

Fred Townsend

Ken Javor wrote: 


Re: Storage of UPS Batteries I think Mr. Townsend draws the correct
conclusion.  Further, it is not necessarily a bad thing.  Consider that safety
regulations are the manifestation of the gov't as nanny ( a generalization to
be sure, and not meant to paint all safety regulations as unnecessary).  The
ADA provides civil rights protection to individuals.  Which is the original
and most important function of gov't.  Now granted once again there are way
too many cases where people go overboard.  But if you look at the
fundamentals, it is not that "off-the-wall" that the ADA can in some cases
trumps safety regs.

Ken Javor



From: Fred Townsend <[email protected]> <mailto:[email protected]> 
Organization: DC to Light Consulting Services
List-Post: [email protected]
Date: Mon, 15 Nov 2004 11:59:34 -0800
To: "Robert A. Macy" <[email protected]> <mailto:[email protected]> 
Cc: [email protected]
Subject: Re: Storage of UPS Batteries




Let's apply Occam's Razor here. 

If we assume the probability of the seeing eye dog biting someone approaches
zero then the seeing eye dog does not endanger its owner or the public at
large. Can we say the same of the lead acid battery in the electric wheel
chair? 

I think not. In fact one could argue that the wheel chair battery offers a
greater hazard to the person in the chair than the public at large since the
disabled person can not protect themselves as well as the public at large.
Furthermore the wheel chair may be serviced by unqualified personal (i.e. the
owner). (I have seen where the gel cell was replaced by ordinary automotive
batteries.) That makes the wheel chair a hazard to both the owner and the
public at large.

May we then conclude ADA trumps safety regulations? 

Fred Townsend

Robert A. Macy wrote: 


Probably an "exemption" much like allowing seeing eye dogs
into restaurants, etc.

              - Robert -

On Mon, 15 Nov 2004 08:26:02 -0800
"Price, Ed" <[email protected]> <mailto:[email protected]>
<mailto:[email protected]> <mailto:[email protected]>   wrote:





From: Robert A. Macy [mailto:[email protected]]
Sent: Monday, November 15, 2004 7:32 AM
To: Matthias Weingart; EMC-pstc (E-mail 2)
Subject: Re: Storage of UPS Batteries

Watch out!  Not every shipper will accept an item like
that.

For example, here in San Jose California I cannot even
board a municipal bus
carrying such an item.  {I tried once and was not allowed
to board.]

         - Robert -


OTOH, California rapid transit systems are very aware
that they must comply
with the Americans with Disabilities Act (ADA), providing
for easy access of
handicapped individuals. And each of those powered
wheelchairs has a pair of
moderately large sealed, lead-acid batteries. Hmmmmmm.

Ed

Ed Price
[email protected]     WB6WSN
NARTE Certified EMC Engineer & Technician
Electromagnetic Compatibility Lab
Cubic Defense Applications
San Diego, CA USA
858-505-2780 (Voice)
858-505-1583 (Fax)
Military & Avionics EMC Is Our Specialty





  






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