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Fascism! On! The! March!

14 March 2012 @ 13:36

From The Washington Examiner, Conn Carroll reporting, we learn [tip of the fedora to Jeff Goldstein]:

President Obama’s Department of Justice — led by Attorney General Eric Holder — has found a new way to make the Americans with Disabilities Act pay off for Democratic trial lawyer campaign donors.

Since the ADA first became law in 1990, the DOJ has been issuing "guidelines" that businesses must follow to comply with a multitude of the nation’s civil rights laws.

The DOJ has been issuing a growing wave of such guidelines over the years, reaching an ever larger portion of business activities. In September 2010, the DOJ issued guidelines for "recreational facilities," including a new rule that all public access swimming pools must provide a lift capable of moving disabled patrons from their wheelchairs into the water.

…most people in the swimming pool industry thought that one portable lift would be enough. Pool owners claim they were led to believe that, as long as they had one device that could be wheeled out whenever someone needed help getting into or out of a pool or spa, there would be no need intrusive permanent fixtures.But then industry leaders began hearing rumors last year that Obama’s DOJ would require permanently fixed lifts for each pool and spa. They began to write letters to DOJ asking for clarification on the issue.

On Jan. 31 of this year, DOJ granted the industry’s call for a clarification: But it was not the answer they wanted. All 300,000 public pools in the United States must install a permanent fixed lift. The deadline for compliance is tomorrow, March 15. Call it "Poolmageddon."

There is no way all 300,000 pools can install permanent lifts by Thursday. There simply are not enough lifts in existence or enough people who know how to install them, according to industry spokesmen. Plus, each lift costs between $3,000 and $10,000 and installation can add $5,000 to $10,000 to the total.

It seems the ever-benevolent and munificent DOJ understands the situation and will, being the compassionate, caring Lords they are, not be enforcing the law in order to give places such as hotels time to purchase the devices.

However [you knew this was coming – am I right?], as Mr. Carroll further reports:

But the ADA also empowered citizens to sue businesses that are not in compliance with DOJ guidelines. The result will be a huge payday for enterprising trial lawyers everywhere.

"The enforcement is going to be by litigation," said Kevin Maher, senior vice president of governmental affairs for the American Hotel & Lodging Association. "A lot of drive-by lawsuits against business by law firms that are set up file to file spurious ADA claims."

Bet John Edwards is kicking himself for having gotten out of the shyster business.

There’s a side benefit to this as well: it will create more cripples! [and lawyer fees!]:

Besides being expensive and impossible to install in time, permanent lifts are also a health hazard. Most hotel pools do not have a lifeguard and kids can access them unsupervised.

The permanent lifts will be a magnet for children to play on, and because they are not designed for that, odds are good that some will get hurt. But then again, each injured kid is just another payday for trial attorneys.

For a system to be accurately labeled ‘Fascist’, the public and the private sectors must work together at the expense of the sovereign people. They must exist within a Circle Of Corruption, a ‘Pool Of Putrescence’, if you will.

The national government and many private professionals and businesses have jumped into that Circle.

6 Comments
  1. 14 March 2012 @ 13:49 13:49

    Many public pools across America are closed because they don’t have the funds to keep them open. Parents no longer have the pools as babysitters during hot summers. I see a backlash coming against the disabled.

    Fascist indeed.

  2. 14 March 2012 @ 14:39 14:39

    Ok, lets cover these one by one:

    1. The rules were published in 2010
    http://www.ada.gov/pools_2010.htm
    and gave 2 years for enforcement; this is not new to anyone who deals with construction or pools.

    2. The rules do NOT call for universlly “one size fits all” fixed lifts; They state that “If installation of a fixed lift is not readily achievable, the public accommodation may then consider alternatives such as use of a portable pool lift.”

    3. Existing pools do NOT have to install anything in particular; the rules call for public pool owners to “remove physical barriers in existing pools to the extent that it is readily achievable to do so (i.e., easily accomplishable and able to be carried out without much difficulty or expense).”

    So the idea that 300,000 public pools have to rush out tomorrow and install permanent fixed lifts is total nonsense.

    • 14 March 2012 @ 18:20 18:20

      The national government has no business telling private business owners what they can and cannot do when it comes to such things as pools. The Constitution does not grant it this power.

  3. Jimmy permalink
    18 March 2012 @ 22:55 22:55

    Certainly, the Constitution never contemplated the federal government having this sort of power. Due to horrible “commerce clause” decisions by the Supreme Court in the 1930s, the federal government’s powers have relentlessly expanded, forever changing the balance of power between the States and Congress; since 9/11, the “terrorism” threat has allowed the executive branch to expand its powers exponentially. And the vast majority of our countrymen abide all this with their attention diverted elsewhere. No statesmanship, politicians looking out for themselves, and the co-optation of the citizenry, while the U.S. economy is crushed by a regulatory burden of mythical proportions and its citizens robbed of the freedom to live their lives largely free of government interference. Its no longer the America that the Founders envisioned . . . and its our own fault.

    • thecampofthesaints permalink
      19 March 2012 @ 06:08 06:08

      I watched a tape of Mark Levin’s recent appearance at the Reagan Library yesterday and he said several times your last line.

      It’s so damn sad. And we’re all guilty, but redemption is possible.

      Mr. Levin stated that anything we do to educate people on The Founding, no matter how small, will help, and I think he’s right.

      WOLVERINES!

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