[nfb-talk] Fw: Update on Currency case

[T. Joseph Carter]

Mike,

That's all the more reason why I believe we should stay out of it.  Let
the fallout be theirs, for good or ill.  If they fail now, they will say
it is because we interfered.  I can't rightly say they would be wrong if
that were the case.

If it does have further negative outcomes for us, then we of the
Federation may well have contributed to them by disputing accuracy of the
facts found by lower courts.  Do we really want to be responsible for
that?

As I say elsewhere in this thread, it would have been best for us to
prepare for them to win or to lose this case.

For the record, I expect the supreme court would likely decline to hear
this case.  If they did hear it, I do doubt that the ACB would win, but I
bet we'll disagree on which justices would vote for and against it.


On Sat, Nov 24, 2007 at 04:00:29PM -0800, Mike Freeman wrote:
> Joe:
>  
> Although I support NFB's position on accessible currency -- that it would be nice to have but not having it isn't discriminatory -- I wrote the last resolution on the subject for an entirely different reason: Chris Gray has pledged that if ACB loses in the Court of Appeals that it will take the case all the way to the Supreme Court. Given the current Supreme Court (whatever one thinks of its philosophy), can anyone in his/her right mind entertain the notion that ACB would win? If they can, I've got a fine bridge in Brooklyn I would be more than happy to sell them at a bargain price.
>  
> So let's assume that ACB takes this to the Supreme Court and loses. My fear is that, as has so often happened in cases brought by ACB involving blind vendors, the ruling will be broader than one simply treating of the specific currency issue. I am quite fearful that many of our Section 504 protections will be dismantled through applying a "strict constructionist" template to it -- something I consider highly likely in this case. Remember, ADA does not apply to Federal entities; Section 504 of the Rehab Act as Amended does.
>  
> As I've said on some other lists including the list of our own Council affiliate, I believe that this suit is in the nature of shooting a hybernating bear with an arrow. I'd hate to be there when she comes out of that den!
>  
> Mike