excuse me "I am talking about digital stimulation = sodomy to one degree."
Eric W Rudd
[EMAIL PROTECTED]
----- Original Message -----
From: Lori Michaelson
To: quad-list@eskimo.com
Sent: Saturday, July 26, 2008 6:43 PM
Subject: Re: [QUAD-L] Court: disability laws protect those unable to have sex
Precisely W.
Several years ago my husband and I began talking about how our government has
its nose into EVERY SINGLE THING regarding a person's life.
When trying to describe this to other people they will automatically think...
'Well, perhaps but they still have not gotten into person's bedrooms and what
privately goes on the there'. Wrong on many levels. But for one... what many
of us need is 'considered' illegal in most states. I am talking about digital
stimulation = sodomy to one degree.
Then someone may try to defend that because "it is necessary or required by a
nurse, etc. etc. etc." But, again, who is to decide what exactly is this term
or that term when it comes to the law.
Ziek Heil!, Ziek Heil!, Ziek Heil!, Ziek Heil!, Ziek Heil!, Ziek Heil!, Ziek
Heil!, Ziek Heil !!!!
Lori Michaelson
Age - 43
C4/5 complete quad, nearly 29 years post
Tucson, AZ
On Sat, Jul 26, 2008 at 11:25 AM, <[EMAIL PROTECTED]> wrote:
By the way.... what is a disabled person? Who makes that judgement?
What is a person with a disability and who makes that judgement?
Do doctors make the judgement? Does CMS make that call? Does the license
bureau declare by issuing special license plates and placards? Who is a single
source responsible for passing judgement and making that call?
Certainly, not me.
W
In a message dated 7/26/2008 12:29:58 P.M. Central Daylight Time, [EMAIL
PROTECTED] writes:
I knew this would happen. now any company that hires a fridged secretary
can say they hire handicapped people. Don't forget to give them a parking
permitt so their genitals don't fall off in the parking lot. When I started
seeing fat people being listed as handicapped I knew this crap was on the way.
As soon as anyone at work mentons her handicap shes back in court for sexual
harrassment. Our legal system has turned stupidity into an artform. Our schools
have made it mandatory, and our politicians are the poster children. Next year
all ugly people will be called handicapped. I'll be double dipping.
john
----- Original Message ----
From: Eric W Rudd <[EMAIL PROTECTED]>
To: quad-list@eskimo.com
Sent: Saturday, July 26, 2008 11:38:34 AM
Subject: Re: [QUAD-L] Court: disability laws protect those unable to have
sex
see if this works
Eric W Rudd
[EMAIL PROTECTED]
http://www.chron.com/disp/story.mpl/nation/5902097.html
Court: disability laws protect those unable to have sex
Mcclatchy-tribune
WASHINGTON — A South Carolina breast-cancer survivor has beaten the
State Department and
convinced judges in Washington that the inability to have sex is a
disability protected under federal
anti-discrimination laws.
The new appellate-court ruling gives Piedmont, S.C., resident Kathy E.
Adams another potential shot
at serving overseas. More broadly, the ruling cracks open the courtroom
door for additional legal
challenges by those who are sexually incapacitated.
"I think it's a major victory for former cancer patients, and for
anyone who has had their sex life disrupted," Adams' attorney, David H.
Shapiro, said Tuesday.
Adams wants to compel the State Department to hire her as a foreign
service officer and provide back pay. She'll now go before a jury and
trial judge, unless the State Department relents first.
In its 2-1 decision, issued Friday, the U.S. Court of Appeals for the
District of Columbia Circuit ruled that Adams has a case against the State
Department. Most significantly, the D.C. circuit court ruled for its
first time that laws that protect people with disabilities from discrimination
cover "sexual relations." The ruling overturns a trial judge who'd
dismissed Adams' case.
"At the risk of stating the obvious, sex is unquestionably a
significant human activity, one our species has been engaging in at least since
the
biblical injunction to 'be fruitful and multiply,' " appellate Judge
David Tatel wrote.
Tatel concluded that sex is the kind of "major life activity" that
Congress considered when it passed the Rehabilitation Act in 1973. The law,
like the better-known Americans with Disabilities Act, prohibits
discrimination against people with disabilities.
Lawmakers defined a disability as an impairment that "substantially
limits" a major life activity. Courts still struggle to explain what that
means. Last week, for instance, the D.C. appellate court determined
that "sleeping" is a protected major life activity.
Walking, seeing and hearing, among many other activities, likewise have
been identified as "major."
The new ruling comes from what's sometimes called the nation's
second-highest court, meaning that many lawyers will be parsing its words.
"As a basic physiological act practiced regularly by a vast portion of
the population, a cornerstone of family and marital life, a conduit to
emotional and spiritual fulfillment, and a crucial element in intimate
relationships, sex easily qualifies as a major life activity," Tatel wrote.
A State Department spokeswoman said the department was still reviewing
the decision.
Adams couldn't be reached for comment Tuesday.
The Russian-speaking Adams aced the State Department's Foreign Service
written and oral exams in 2002, ranking seventh out of 200
candidates. Living about 15 miles south of Greenville, she was in line
to start training in January 2004.
Before her training started, doctors diagnosed her with breast cancer.
She underwent surgery, but the State Department subsequently denied her entry
into the Foreign Service.
"The department could not guarantee (her) access to the required
medical follow-up and surveillance at all overseas assignments," a State
Department nurse testified.
State Department officials added, and the dissenting appellate judge
agreed, that the department didn't know about Adams' sexual disability
when it declined to hire her. The court majority, however, reasoned
that "it makes no difference whether an employer has precise knowledge
of an employee's substantial limitation" so long as the employer knows
about the impairment.
In this case, the State Department knew about Adams' breast cancer but
didn't know how the cancer treatments impaired her sex life.
Adams underwent a mastectomy, had her ovaries and fallopian tubes
removed, gained weight and felt her libido wither.
"I now find that the prospect of dating and developing an intimate
relationship is just too painful and frightening," Adams, who is single,
stated in a declaration.
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Lori
C4/5 complete quad, 27 years post
Tucson, AZ
