60 MINUTES SLAMS ADA, BOOSTS TRUMP AGENDA

[loyalsister]

I don't watch or pay a lot of attentio to 60s Minutes. How long have they been a propaganda medium?

Anderson Cooper, the show’s host, did not mention a single ADA lawsuit he thought was valid, a single ADA lawyer he believed scrupulous. He did not interview a single disabled person whose ADA claim he found to be meritorious. No disabled activists were interviewed — though a few, as described here, had their (partial) images used in the background footage.

This was puzzling. In June 2015 Linda Dardarian and I spent hours with Anderson Cooper and his crew for a 60 Minutes piece about the 25th anniversary of the ADA. The interview with Anderson Cooper went well. Cooper and his staff told us that they admired the work we do, and that they thought it was great that ADA enforcement was making the world more accessible to people with disabilities.

http://www.lflegal.com/2016/12/60-minutes/

[LisaM]

1. Anderson Cooper on 60 Minutes?

Since when?

[LisaM]

3. Sorry, answered my own question. Apparently, yes, he is.

http://www.cbsnews.com/team/anderson-cooper/

[pangaia]

2. yeah, WHAT ?? Anderson Cooper host of 60 minutes?

[LisaM]

4. He's not the host.

He contributes to some segments.

[Wellstone ruled]

5. We are seeing the true colors

of Mr Cooper. Often wondered what his agenda was,now we know,got to justify my spot in the Magic Sperm Club.

[Archae]

6. It was almost the same script as that segment about getting SSI.

Make an accusation, interview a faceless bureaucrat, find a couple crooked lawyers.

Meanwhile, the actual good points are ignored.

[yallerdawg]

7. I saw it from a completely different point of view.

The ADA was passed over 25 years ago and you can walk down any street and enter any business and find no legally required accommodations for disabled, or at least failed compliance.

In fact, Cooper's segment pointed out you could sit at home and Google Street, Google Earth violations!

If you own a physical business and are accessible to the public, that facility has to be ADA compliant.

You open yourself up to lawsuits - by some lawyers pressing thousands of cases - and I see this as a warning to get in compliance, not to attack the ADA.

[ksoze]

8. I agree. Story focused on an issue which hurts ADA adoption.

[loyalsister]

10. That might have been the case if they had asked disabled people

They didn't talk to people who experience it about the failings.

[ksoze]

11. But the story wasn't about failings of the ADA...

It was about predators who take advantage of the requirements and extort businesses. Story did not focus on ADA's shortcomings, but looked at those who would take advantage of what is a complex and very detailed code.

[loyalsister]

13. predators who take advantage of the requirements

Yeah, all those people who are just in it for the parking?

[yallerdawg]

12. They had a couple disabled individuals who were going to the businesses.

They talked to store owners who said no disabled individual had ever complained!

The Cooper perspective was to point out how unhappy all these people were - but the 25 year old law is not about dodging responsibilities until someone disabled has no access!

It's about following the law as required - just as if someone had posted a "No Blacks Served" sign, and then said they'd take it down if a black showed up.

[loyalsister]

15. They painted us as predators

when the law is written so that the enforcement mechanism is complaint via personal interaction or lawsuit.

[yallerdawg]

16. It's been 25 years! Scared straight works!

http://www.cbsnews.com/news/60-minutes-americans-with-disabilities-act-lawsuits-anderson-cooper/

Anderson Cooper: Is it fair to say you’re scaring people to comply with the law?

Tom Frankovich: I hope.

Anderson Cooper: You hope?

Tom Frankovich: I hope.

Anderson Cooper: So when people call you an extortionist, when people call you a shakedown artist, you say what?

Tom Frankovich: I’m acting as a private attorney general. And I’m enforcing a law that precludes discrimination by you against people with disabilities.

Anderson Cooper: When you’re filing hundreds of lawsuits for one client – is that fair?

Tom Frankovich: You know, it’s more than fair Anderson. Because what people don’t realize is that I represent activists. What you find is that it takes courage to be an activist.

In places like California and Florida, there is little doubt that disability lawsuits have led to improved access. Most states and the District of Columbia currently award cash damages for plaintiffs who file such lawsuits and with so many businesses around the country still not in compliance, it may not be long before you start hearing about these kind of lawsuits in a town or city near you.

[loyalsister]

17. People love to ridicule "frivolous lawsuits"

The law as written makes us look like litigious whiners, and the media loves it. These kinds of news stories latch on to it as they did the McDonald's coffee suit.

[yallerdawg]

18. "Frivolous lawsuits?"

OK - have it your way.

[citood]

9. As somebody who deals with this often in new construction, I watched with interest

In the opening segment, the lawyer incorrectly states a van space needs a 5 ft aisle (should really be 8 ft)...somewhat indicative of confusion over the guidelines.

Now the hotel operator says he didn't know about the pool lifts. I found that unbelievable - there were lots of stories about this when it became code...surely either he, or the pool service company, or travel agencies that list this hotel, would have known.

My locality used to have a person employed by the sheriff's department, who would go around and find violations. Everybody thought he was a pain in the butt...but he was really helping people avoid lawsuits like this...as well as helping business comply better.

I will say this - the average person would have a very difficult time interpreting the guidelines, or knowing whether or not they are in compliance. That being the case, I think it is appropriate to use a citation/grace period approach to get problems corrected. However, as one attorney in the piece pointed out, he is acting as a private AG, since the local government is apparently not inspection for ADA compliance. So, really, this is the private sector trying to correct a problem that the public sector hasn't fully addressed...and the root cause is poor inspection/enforcement.

I work in new construction, and its simple to enforce. But with existing businesses, there has to be a way to trigger an inspection every time the business changes and a new license is applied for, or whenever a remodel is done, etc. Owners would complain - but this would really be helping them.

[loyalsister]

14. I'm sure you know that the only way to enforce the law is through civil action

If there are violations, a person with standing has to complain or possibly sue. That is the flaw. The law was written that way to accommodate businesses. They turn it back on us and act like we're predators if we demand our civil rights.

[citood]

19. Its enforced by regulation in new construction

If the plan doesn't meet guidelines...no permit. What I'm proposing is a permitting process every time a new business license is issued (whenever the building changes hands). Such a regulation would protect both the disabled and the business owners.

It should also be part of regular fire inspections...since egress is an important part of that.

I'm also amazed lending institutions don't do a better job of catching this when they check out the property.

[loyalsister]

20. That would be locally determined

Locales have some leeway in creating standards. What you are talking about is local. There are instances of violations that go unchecked until there is a complaint. For example, the small local airport did not provide for reasonably safe and comfortable boarding and deboarding planes. Until someone flew in and couldn't get off the plane, noone had standing to force them to upgrade.

[coco22]

21. I can believe it..

I was watching Anderson Cooper about an half an hour ago and the other night. He seems to finds every reason to make excuses for any thing that Trump does or will do that is detrimental or discriminatory to millions of people. He also seems to think that he can tell millions to get over Trump being a President and they shouldn't be angry about it.

I have been saying for years why does he have a show and why do they hurry to get him on air when there is a disaster or pressing issue as though he is the only one who can ask questions or why does the network think he asks the right questions. I don't see it, he is irritating as well as Wolf Blitzer.