6.17.2002

A slight double standard



Ruling Bans Disability Access Lawsuits

WASHINGTON -- The Supreme Court Monday unanimously ruled that punitive damages may not be awarded to people suing cities and government boards that do not accommodate the disabled with wheelchair ramps and other modifications.

The court said boards and agencies that accept federal money can not be sued for punitive damages. They can face lawsuits, however, and be forced to pay actual damages and make changes in accommodations.
So if you are a federal, state, or local agency you're protected, but if you're Joe Average Business man...watch out! Marvelous.

Justice Antonin Scalia, writing for the court, said that adding punitive damages in cases like this "could well be disastrous." He said recipients of federal funds probably would not agree "to exposure to such unorthodox and indeterminate liability."
Again, marvelous. Everyone else can be made to pay through the nose, because the money lies in the punative award. Obviously everyone needs to get federal funding.

Hey! Someone gets hurt at the house of someone on welfare. Is the welfare recipient shielded by this law and/or ruling? Just a thought.

No comments: