|Re: competing special needs||<– Date –> <– Thread –>|
|From: melanie griffin (melgrifgmail.com)|
|Date: Sat, 30 Aug 2008 11:44:28 -0700 (PDT)|
I think that might be unnecessarily raising the stakes on this discussion, and could even distract from the important focus on community conflicts that need to be resolved without lawyering up. I haven't done these cases for a while, so I may not be up on the latest guidelines and interpretations, and will certainly defer to anyone who is, but I was once a trial lawyer for the eeoc, which enforces the employment provisions of the ADA, and in those cases the accommodation only has to be provided if it is reasonable under the circumstances, and the employer just has to make a good faith effort to negotiate a reasonable accommodation. An accommodation that would put others with different disabilities at risk of losing the use of the same facility for which the complainant is asserting a need for accommodation would probably not be seen as reasonable (all the allergic people could then demand the opposite accommodation under the same standard) and i would think there would be no legal basis for relief. I've never seen a case where a court decides that one person with a guide dog is worth 5 people with allergies--it's just not the kind of analysis that is productive for a court's purpose even if some expert could come up with a formula (!) If somebody out there does housing or public accommodation cases they might know of some legal distinction, but i can't imagine the analysis is all that different. Sometimes there's just not an answer that pleases everybody, but that doesn't mean anybody has done anything that's illegal or actionable. Melanie (a retired civil rights lawyer rejoycing in the knowledge that she doesn't have to do this for a living any more!) On Fri, Aug 29, 2008 at 5:20 PM, Kay Argyle <kay.argyle [at] utah.edu> wrote: > > Rotten dilemma. > > There may be legal ramifications here. People with service animals are a > protected class under the law. I think I'd want to talk to someone who > understands the ADA and housing discrimination laws. It would be as well > for the community to understand what her rights are, even if she isn't > pushing them. > > My (possibly paranoid) suspicion is that the ADA would give priority to the > needs of one service animal's owner over the needs of ten people with > severe > allergies. > > Kay > > _________________________________________________________________ > Cohousing-L mailing list -- Unsubscribe, archives and other info at: > http://www.cohousing.org/cohousing-L/ > > >
- Re: competing special needs, (continued)
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