January 13, 2004

NO SYMPATHY:

Disabled man says he had to crawl up courthouse steps: Justices will decide whether a disabled man is able to sue the state of Tennessee for lack of access to a courthouse. (BILL POOVEY, 1/11/04, Associated Press)

Eight years ago, after an auto wreck left him unable to walk, George Lane crawled up two flights of stairs at the Polk County Courthouse to face reckless driving charges.

He says he will never forget the humiliation of having to drag his body up 30 tile steps. ''Two law enforcement officers and county officials stood at the top and laughed,'' he says.

That incident has put Lane at the center of a test of the Americans With Disabilities Act. On Tuesday, the U.S. Supreme Court will hear arguments over whether Lane should be allowed to sue the state of Tennessee for damages.

Lane, 40, has been arrested more than 30 times on charges that include drunken driving, drugs and traffic offenses. No longer in a wheelchair, Lane now walks with an artificial leg inside Brushy Mountain Correctional Complex, where he was sent for slamming a fellow prisoner in the head with a crutch at a county jail.

Courthouse employees who witnessed Lane's crawl in Benton, about 40 miles from Chattanooga, say that no one laughed and that he refused offers of help. In fact, Lane declined a judge's offer to move the hearing to a ground-floor room.


He did not, of course, need to crawl up the steps. Even setting aside the salutary remedy of not getting arrested, if he weren't such a cretin he'd have had friends and family to help him up the stairs. As is, he apparently refused offers from helpful strangers.

Government isn't responsible for ameliorating every bad break life deals out. We've a society to help us deal with such, but it's your responsibility to be a decent member of that society.

Posted by Orrin Judd at January 13, 2004 5:07 PM
Comments

So, if he'd been a solid but unlucky citizen, fairly new in town with no close friends, who slipped on the sidewalk, should he have to crawl up the steps?

Posted by: Harry Eagar at January 13, 2004 5:38 PM

Anybody who has had to deal with the strictures of the ADA knows how they go WELL beyond even ensuring that Harry's mythical "invisile disabled" does not have to crawl over slimy stair steps. One of its most "gotcha" requirements is that of often requiring "mainstreaming". In essence, to go back to Harry's example, let's say such person attended a theme park that had a costly, but not ADA-ready, transportation system from hotels to attractions; and the hotels decided it was most cost-effective to provide chauffeur services for the disabled instead of retrofitting ramps, inconveniencing guests with lengthy stops, etc; this would not be allowed because it would "deprive" the disabled from experiencing the ride to the attractions like all other able odied people -- "mainstreaming". Not quite a society where "invisile disabled" should feel exceedingly left out.

Posted by: MG at January 13, 2004 6:19 PM

Harry:

No, he'd have had to ask for help. It appears folks were prepared to render it.

Posted by: oj at January 13, 2004 6:41 PM

I don't think anyone should have to ask for help to access a courtroom in Tennessee. It's too bad that Lane is such an SOB, and yes, the ADA does go too far in some instances, but this isn't one of the them.

Posted by: Mike M. at January 13, 2004 7:02 PM

Has there been a constitutional amendment
preventing private charity? It's degrading
to take an offer for help from a private citizen
but its okay to leach off the state???

Posted by: J.H. at January 13, 2004 7:17 PM

A culture where government is asked to solve such problems for us rather than relying on human relations to get around them is of dubious value.

Posted by: oj at January 13, 2004 8:11 PM

It looks like a control issue.

Why stoop to asking for help when you can get the government to compel the same people to help you?

Posted by: Chris at January 13, 2004 8:45 PM

There is another plaintiff in the case, a court reporter who is wheelchair bound, and she has similar problems at a number of courthouses in our state. Basically, some of our more rural counties won't spend a dime on anything unless someone makes them. It is a shame that the Federal government has to get involved, but regardless of whether the handicapped individual is sympathetic or not, they shouldn't have to suffer the indignity (as the Court Reporter repeatedly does) of having to get judges and other court officials to carry her into the courtroom.

Posted by: Daniel L. Merriman at January 13, 2004 8:48 PM

There is another plaintiff in the case, a court reporter who is wheelchair bound, and she has similar problems at a number of courthouses in our state. Basically, some of our more rural counties won't spend a dime on anything unless someone makes them. It is a shame that the Federal government has to get involved, but regardless of whether the handicapped individual is sympathetic or not, they shouldn't have to suffer the indignity (as the Court Reporter repeatedly does) of having to get judges and other court officials to carry her into the courtroom.

Posted by: Daniel L. Merriman at January 13, 2004 8:48 PM

In what sense is it an indignity to accept assistance rather than require every public building in America to spend money on generally unused access ramps and the like?

Posted by: oj at January 13, 2004 8:54 PM

And the other funny thing about dignity is that it can be like fame and wealth--some people never have enough of it. A couple of years back the local social assistance authorities spent a fortune on adapting an apartment for a quadraplegic. Custom made this and that with no end of amazing gadgets. The purpose was so the tenant wouldn't have to suffer the "indignity" of living with someone.

Posted by: Peter B at January 13, 2004 9:09 PM

Well, if you don't see the indignity that a female professional might feel in having to be carried to a courtroom while her peers walk, I guess there isn't much else I can say. If you read the local papers here, you would know that there are some court houses where she can't work because she hasn't had volunteers to help her. As far as being generally unused, I'm sorry, I'm a lawyer here in Tennessee, and I see lots of handicapped people using our court houses, as they have every rihgt to do.

Posted by: Daniel Merriman at January 13, 2004 10:05 PM

Then it may make sense for them to have ramps, if there's a need. Here in NH they're on every podunk little post office and other federal building regardless of need.

There seems no need to impose such costs universally when folks with disabilities can be helped quite easily. The point being they do need halp and there's no shame in that.

Posted by: oj at January 13, 2004 10:24 PM

"Well, if you don't see the indignity that a female professional might feel in having to be carried to a courtroom while her peers walk,"

An all purpose new age excuse. Works for suicide bombers too.

Posted by: Robert Schwartz at January 13, 2004 11:54 PM

Daniel:

"If you read the local papers here, you would know that there are some court houses where she can't work because she hasn't had volunteers to help her."

You are there and I am not, but I find it incredible that she can't work because nobody can find two people to willingly spend two minutes to carry her chair up the stairs of a busy public building. I see that all the time and I've never known anyone to refuse or hesitate for a moment.

Everyone agrees that the determined disabled must be helped, but why is this a dignity issue? She is what she is. Is it an indignity for a blind person to need a hand crossing a busy street? Must we pay the huge costs of converting all traffic lights to sound to avoid this indignity? The point is you are allowing what is technologically possible to define human dignity irrespective of cost.

Posted by: Peter B at January 14, 2004 6:09 AM

Well, I'm aware of alleged abuses of ADA.

But my point was, if it's an issue, it's an issue. The fact that the complainer is a jerk is not part of the issue, or should not be.

I see Professor Reynolds says there may be something in the state Constitution that would influence the outcome, regardless of ADA.

Posted by: Harry Eagar at January 14, 2004 10:09 AM

The attitudes of and towards the disabled are precisely the issue.

Posted by: oj at January 14, 2004 10:12 AM

Justice, it is said, is blind.

But just where does it say it's crippled?

Posted by: Barry Meislin at January 14, 2004 10:32 AM

What do you mean "Gov't isn't responsible for ameliorating every bad break...". As a lifelong Democrat and New Dealer I've assumed that was the very essence of the state. As Dick Gephardt repeatedly points out: not everyone is a winner in the lottery of life.

BTW, more twisted ankles are caused by "handicapped friendly" sidewalk ramps to even remotely justify the imagined benefit to the wheel chair bound.

Posted by: at January 14, 2004 11:53 AM

You could close all the public water fountains and when anyone is thirsty, he could just ask passersby if they have any Perrier on them.

Posted by: Harry Eagar at January 14, 2004 4:56 PM

Or you'd buy it from the hot dog vendor out front and support the local economy.

Posted by: oj at January 14, 2004 5:44 PM
« WHY STAY?: | Main | OVERSHARE: »