A fair and balanced compendium of spontaneous exclamations and excited utterances, with 22 entries on the front page.

And, now, Home of the YATSASS™ Reports

Yet Another True Story About Stupid Studies:

Tuesday, January 17, 2006


Tourette's case shows holes in disability law?

No, I don't think this case shows holes in the law. In fact, as long as this law does not apply to this case, it shows a tad of common sense, in an otherwise bleak landscape of stupid federal acts. If the Americans With Disabilities Act did protect the right to whoop and curse in a movie theater I'd begin to wonder if your freedom to extend your arm really does still end at the tip of my nose.

Let's take a look, shall we?

A thirteen year old kid goes to a movie theater in New Hampshire, on the day after Christmas, to see The Chronicles of Narnia. Now, given the time and date, I'd have to believe there were a whole bunch of families there, all excited to see and hear the story of the lion, witch and wardrobe. But this kid suffers from Tourette's Syndrome; she whoops and curses uncontrollably at times. This particular time was most inopportune as many of the theater's paying patrons complained to the management that someone was screaming and swearing and the titles hadn't even finished running on the screen.

The theater manager took this poor kid out to the lobby where they spoke, and, according to the manager, the kid decided to leave - she was not told she had to. But, what if she had been told to shut up or get out? Isn't that what everyone in America is supposed to do in a movie theater, whether they have a disability or not? Nope! Not according to the ADA - in fact, it would appear that had the kid screamed and cursed just a little more, she could have had a nice fat judgment against the theater, instead of just a rain-check for a private screening.

According to the US Department of Justice, protection under the law depends largely on the severity of the syndrome. Spokesman Eric Holland wouldn't comment on Irizarry's case, but said others with Tourette's syndrome have won civil cases under ADA bylaws. "Not everyone with Tourette's meets the definition of a 'person with a disability,' because the condition may not substantially limit the person in any major life activity," he said.


Now I may not be as sharp as Judge Alito, but it would seem to me that means that the more noise you make, the better your chances of being protected under the law. Great! Apparently, while you still can't yell Fire! in a crowded theater, you might be able to yell Fuck!, as long as you do it enough.

What's next? Ski areas have to provide wheel chair accessible ski lifts? How about retrofitting playgrounds so quadriplegics can use the monkey bars?

But things are gonna get dicey here, and this law will come around and bite us all in the butt (Ass! for you Tourettes sufferers.) I mean look. If everyone with any disability is allowed to inconvenience and disturb everyone else under the law, here is where we go: The deaf and hard of hearing (I mean auditorilly challenged people) should be able to insist that the sound be turned up to a volume at which they are able to understand all of the dialog. But, mind you, under the law, only the most deaf among us would have that right - so we're talking top volume. And speaking of talking, wait until the visually challenged people get into the act: certainly, the theaters should be required to provide free assistance to them, in the form of personal narrators who could describe the on screen action to them. And the mentally impaired? Certainly there should be an interpreter provided to 'splain it to them. [ in a snide aside, it would seem that most of the body builders from Revere and Medford already have that, but they're called girlfriends ] Naturally, they'd all have to speak quite loudly - not just the body builders and their girlfriends - which might upset the deaf people, who would once again need the volume turned up.

But then again, maybe that's not the problem. It could be the solution: all the whooping and hollering of the Tourettes patients might very well be drowned out!

- 30 -



© 2002-2008 Rob Falk, All Rights Reserved. All Wrongs Denied.
Your mileage won't vary; it will be less.
Subscribe to Rants!

addtomyyahoo4
Subscribe with FeedlySubscribe with BloglinesAdd to netvibes
Subscribe with SubToMe

...with other readers:

original feed View Feed XML

Subscribe by E-mail


And, if I'm broadcasting from my Phone, here it is:

Current