Selfless Crusaders for Justice Strike Again

Yesterday on the Peter Schiff Show I made brief mention of the fate of Ford’s Hamburgers in Sacramento, California. The last straw that forced the owner to close down was a lawsuit demanding that his counters be made compliant with the Americans with Disabilities Act (ADA), a piece of legislation signed by George H.W. Bush (remember him, from the party of small government?). The counters were too high. Jerry Sylvia, a longtime customer and disabled from the waist down, said of the lawsuit: “It’s all a bunch of crap. They were the first ones to help you. They’d bring it out to my van when it was ready.”

These lawsuits, Sylvia said, are likely to incite hostility toward the disabled. “I feel like people are looking at me, ‘Uh-oh, here comes another handicapped person, what do they want?’ That’s my biggest fear.”

A gentleman who needs to remain anonymous heard the segment yesterday and wrote to share his own horror story:

First, a giant thanks for all you do. I’ve been a fan of yours since I came across Meltdown a couple of years ago. I have also been following Peter Schiff and I am always excited to listen when you host Peter’s show.

What inspired me to write was your brief segment today on the restaurant that was closing because of ADA compliance issues. I am a restaurant owner and went through the same thing two years ago. It was a shakedown that ended up costing $200k when all was said and done. The wonderful plaintiff and his lawyer do this all over town and the media act as if they are brave heroes out fighting the good fight against businesses that hate the handicapped. The plaintiff even consults with cities on ordinances and laws, and they turn around and sue the cities that fail to fall into compliance.

The reality, as you know, is that we try to serve as many people as best we can and be accessible to all. A customer is a customer, and to make payroll I’d do anything to ensure that we can get as many people of all shapes, types and sizes to get through that door and pay us for our services. The technicality that was worth $200k at our restaurant was that the handicapped parking space was a 3% grade in one corner, above the 2% grade allowed. This of course caused the plaintiff to injure his shoulder. This “injury” made the plaintiff feel he was entitled to what was ultimately one of my managers’ jobs and the only savings I had worked tireless hours to build up over the past seven years. Of course, one of the contingencies of me settling with the plaintiff to avoid the half million legal costs of going to court was a gag order that doesn’t let me respond to all the positive media about this wonderful crusader for the handicapped.

I could ramble on forever about this but that wasn’t the point. I just wanted to relay to you how grateful I am that somebody like you is out there telling these stories on our behalf. I read and listen to you to learn about many different topics, but I just wanted to make sure to express my gratitude for taking that minute to share about the ADA issue that often gets ignored.

http://www.facebook.com/jimwarmke Jim Warmke

I’ve been a wheelchair user since 1977. When the ADA law went into effect I went from being a potential customer to being a potential lawsuit. Big business is not hurt much by this sort of thing but I’ll never get used to the reaction of outright fear I get sometimes when I go into some small mom and pop business. They are right to be afraid, there are people who make a career out of shaking down small retail firms. Sad.
Anonymous

I wish every restaurant owner in America would refuse to serve the handicapped. I wish they would refuse to hire blacks, latinos, etc. I wish they’d offer absurdly low wages to their employees. I wish they’d make terrible food and charge outrages prices…Imagine how EASY it would be for me to open a successful restaurant! I’d have such an advantage if I wasn’t prejudiced, offered fair wages, charged fair prices, and made delicious food. Of course, my advantage wouldn’t be because of some government edict, but rather simply due to the nature of the market. All assuming that the government wouldn’t bail out the existing restaurant owners, of course. You never know.

There was an article a few months ago in the WSJ about restaurants catering to those with food allergies. While most people saw altruism on the part of restaurant owners, I saw the beauty of the free market in action. There are so many people with allergies today that restaurant owners are under intense free market forces to adapt to this new consumer. A lot of commenters complained how unfair it is that they have no food allergies, yet it is now more expensive for them to eat out. Well, I said to them, if you think there are enough people like you, then start a restaurant business that doesn’t spend the extra money to ensure that the food is free of allergens. If those manipulative consumers and sissy restaurant owners are conspiring against the genetically gifted like you, then you should make a killing, right? Perhaps one would make a killing, and maybe there’s an entrepreneur out there thinking he/she will. The market will decide.
http://www.facebook.com/profile.php?id=1516291356 Nick Grant

Same shit happened to me when I was trying to open my cafe. Ended up costing me more money to comply. “its the law” says the code enforcer. I got your law hangin.
http://www.facebook.com/people/Zebram-Zee/100002539017006 Zebram Zee

this is exactly right. I’m allergic to peanuts, but I virtually never worry about it when going to restaurants because unless the dish obviously has peanuts sprinkled all over it, peanuts in any surreptitious fashion, such as peanut oil has been virtually eliminated from foods because so many people are allergic to them.
Dave

For a while now I have aspired to start my own business, but stories like this are very discouraging. Seems like I’m better off working for someone else (Luckily I’m employed in this economy) and using my income to become a better investor. Why put in all the work to accomplish my dreams if they can be crushed by outlandish laws and big government?
Anonymous

I posted this on the ars technica article about netflix to make a point about the ADA. http://arstechnica.com/tech-policy/2012/10/netflix-settles-with-deaf-rights-group-agrees-to-caption-all-videos-by-2014/?comments=1&start=80#comments-bar

So. If your physical ailments are grounds for special rights…

Are
or should people with allergies be entitled to be served food they are
not allergic to? Why not force the mom and pop grocery store to carry
gluten free products for those handicapped with gluten allergies? What
if eating cheese sends you to the hospital but the deli doesn’t sell any
pre-packaged sandwiches without cheese? Should you be able to sue them
to make them sell cheese free sandwiches?
Todd

“a gag order that doesn’t let me respond to all the positive media about this wonderful crusader for the handicapped.”
That doesn’t mean that we can’t do it for you! A little bit of research and I am quite certain we could find out who is doing this and create an outcry for this.
Shrugger

In the distant future an archeologist will review these laws, and the leeching, collectivist behavior they spawned, and will conclude that this was why sniper rifles were invented.
Jim G

When the heck did everyone become allergic to everything? I never heard of all these allergies when I was growing up. I used to think I was allergic to beans when I was young, then one day I ate beans by accident and guess what, Turns out it was all in my head and I am actually not allergic to anything. When are Americans going to MAN UP!
Reverend Draco

A lot of people claim allergies just because they don’t like a particular kind of food. Others do it just to be contrary. Still others do it to be “fashionable,” while most of the rest have gorged themselves on certain foods until their body started rejecting it.
Only a small percentage are actually allergic.

As an infant, I was allergic to eggs & milk – but I outgrew it, and, while I’m still not especially fond of eggs, I freakin LOVE milk. I’ll pound down a quart on occasion just because it’s so good!
Anonymous

Everyone became allergic to everything when the government began subsidizing the hell out of grains (wheat, corn, etc.), foods that our anti-social immune system hate. Plus, food is processed differently nowadays than it was in the past. The faster processing of bread with chemicals leaves more gluten (and obviously chemicals) behind to which our immune systems react. Not for everyone, of course.
Anonymous

You might as well argue that people claim colorblindness because they don’t like the color green. Most people with allergies have allergies. In fact, a lot of people who have allergies aren’t aware that they have one! Though some may claim allergies for the reasons you mention, it s a sweeping and ignorant generalization that you make.

A friend was having seizures. I recommended she cut gluten from her diet. Up until then, countless doctors and medications couldn’t do anything for her. Her seizures were getting worse. Since the day she cut gluten (after her last seizure), she has not even had a twitch, let alone a seizure. And her debilitating congestion cleared up too.
Before you assume that “a lot of people” who claim to have allergies actually don’t have allergies, you should open a textbook about biology, medicine, or evolution. Or you could go the easier route and use your common sense.
Reverend Draco

I’ve done 3 of the 4 things you mentioned. . . biology, evolution, and common sense.

And all 3 sources say that what I posted was correct.
Anonymous

No actual rebuttal: typical response from someone as ignorant as you.

Biology: people have different polymorphisms of the HLA genes that confer susceptibility to certain allergies. I can link you to about 10,000 pubmed articles if you’d like.

Evolution: our immune system is supposed to attack foreign proteins and particles that our bodies don’t recognize, as they may be potential pathogens. We put things in our bodies today that are evolutionarily”new” (within the last 10,000 years), and expect our immune systems to accept them with open arms?

Medicine: Doctors are aware of the biology, unlike you, and can diagnose these allergies based on genetic and/or immunological tests. Also, many people have died from allergic reactions, some of whom didn’t even know they had the allergy.

Common sense: eating chemicals that scientists create in a lab is probably not a good idea, and your immune system may agree.
Reverend Draco

I’m not disagreeing with any of that. . . but food allergies aren’t as widespread as some would like you to believe. . . most food allergies are during the infant/toddler years, and are outgrown. . .
Luke

Land of the free

Lawsuits/taxes/regulation, why even try to run a business?
Luke

http://www.news10.net/news/local/story.aspx?storyid=212127

Scott Johnson(scum ADA attorney) now on the hot seat. Wow, this mad me feel much much better.
Anonymous

So you’re making the claim that most people who claim allergies don’t have actually have them, and you’re basing it on absolutely nothing, except possibly a hunch of yours? Based on what we put in our bodies today, it would make more sense if people had more allergies and simply didn’t know it.

Again, you claim that “most food allergies are during the infant/toddler years, are are outgrown,” without any data or logical reasoning to back up your erroneous claim. The fact is that while some allergies are indeed outgrown, most allergies set in later in life because our immune reaction to allergens gets stronger and stronger over time.

If you’re going to claim something, it always helps to back it up with either some data or some logical reasoning. A simple claim without either or these is akin to claiming that the earth is flat.
Reverend Draco

So stop claiming that the earth is flat, if it bothers you so much.
As a former food allergy sufferer, I did my homework – I was curious as to why I was allergic, then I wasn’t – and found that almost all food allergies occur in infancy/toddlerhood. . . only a few occur later in life, and of the infant/toddler allergies, the majority are outgrown.

Why is the Political Correctness of allergies and other disabilities-which-are-not so difficult for you to understand? Ignorant, undereducated people looking for a way to be a “victim” so that others will feel sorry for them or cave to their irrational demands is pandemic these days. . . the sooner you realize that, the better off you’ll be.
Anonymous

I’m studying for a PhD in biology, so I’ve done plenty of homework. You’re the one claiming the earth is flat.

I was allergic to dairy as an infant, and can handle milk now (not cheese), though I do still have some issues with dairy. So’ I’m well aware that one can outgrow an allergy.

I agree with you 100% about the victim mentality, especially in the US. Personal responsibility is gone, everything is someone else’s fault (retirement, healthcare, employment, student loans, etc.). But to lump in those with allergies in this generalization is wrong.

Again, what you’re not getting is that we are not designed to eat these foods. The more processed food gets, the more allergies we are going to see pop up. It’s the nature of our immune system. Sure, some people will take advantage who don’t actually have an allergy, and play the victim card, but that doesn’t mean that most , ie over 50%, are simply claiming to be allergic. Your argument is statistical and logical nonsense.
Dave Carroll

I agree, people are wimps these days. I wonder if there are any people with food allergies in countries where food is a rare commodity and people are starving.
Dave Carroll

I think people’s main problem is that they’re f’ed up in other ways that manifest as food allergies and things. That and they’re into complaining.
dipdawg

He is from Hilmar what do you expect?