[blindlaw] service of process and reasonable accomodations

tim and vickie shaw timandvickie at hotmail.com
Sat Nov 22 16:27:22 UTC 2008


The interesting thing to me is going to be when they start you iris scan identification for stuff like flying, like they said they were gonna do after 9/11. Seeing as me primary vision problem i was born with is that i dont have an iris, I am going to get to all kinds of fun everytime i want to do something.> From: b.schulz at sbcglobal.net> To: blindlaw at nfbnet.org> Date: Sat, 22 Nov 2008 00:24:17 -0600> Subject: Re: [blindlaw] service of process and reasonable accomodations> > hi,> > are you saying you're only blind when it's convenient?> of course we can't read/handle printed information if we are worse than > about 20/400.> > Bryan Schulz> The BEST Solution> www.best-acts.com> > ----- Original Message ----- > From: "Ray Wayne" <RWayne1 at nyc.rr.com>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>> Sent: Friday, November 21, 2008 7:13 PM> Subject: Re: [blindlaw] service of process and reasonable accomodations> > > >I would never make this argument! It would suggest that we who are blind> > cannot handle printed material.> > I was served with process once. I asked the guy where it was from, and > > when> > he told me, I knew what it was about.> > Ray> >> > ----- Original Message -----> > From: "Mike Gilmore" <m_b_gilmore at yahoo.com>> > To: <blindlaw at nfbnet.org>> > Sent: Friday, November 21, 2008 8:20 AM> > Subject: [blindlaw] service of process and reasonable accomodations> >> >> > This question is for Virginia lawyers--but people from other jurisdictions> > feel free to chime in.> >> > I was watching ER last night (yes, I'm one of those people who still watch> > it regularly after all these years. You know, you start it at the > > beginning> > and you gotta see how it ends.) Anyway, Dr. Raskotra was served and is > > being> > sued for medical malpractice. All of a sudden, a light went off in my > > head.> >> > As lawyers, I'm sure some of you have been served because of your clients > > or> > in general (e.g., divorce, whatever.) Has anyone ever thought of using as > > a> > basis for improper service that you weren't served in an alternate format> > (i.e., braille) and as such, your right to reasonable accomodation under > > the> > ADA has been violated? Granted, Virginia law doesn't allow this as a basis> > upon which to raise improper service (and I'm sure other jurisdictions > > don't> > as well.) But, who's to say we can't use this as a basis? I mean, if the > > ACB> > can raise a lawsuit for braille money, what's to stop us from asserting > > this> > as a ground in the service of process phase? Concededly, federal civil> > procedure doesn't allow for this ground either; but, think about it. We > > are> > handed a document and how many of us have a scanner or SARA sitting in our> > briefcase to scan the document? Sure, some of us may have a sighted> > assistant who can say, "It's a complaint by John Doe", but what> > about those lawyers who don't have sighted assistants?> >> > Of course, the other side to the argument is, "Well, someone comes up to > > you> > and says you've been served, it's logical that you being an attorney would> > realize what the document is. People just don't walk up to others and say,> > "Congratulations! You've been served!""> >> > Just something to ponder. I'd love to hear opinions and thoughts. Keep in> > mind, I'm not saying we should assert this as a ground for improper > > service;> > we must obey the statues and rules of civil procedure in the federal and> > state jurisdictions. It's just something to chew on.> >> > Mike> >> >> >> > _______________________________________________> > blindlaw mailing list> > blindlaw at nfbnet.org> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org> > To unsubscribe, change your list options or get your account info for> > blindlaw:> > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rwayne1%40nyc.rr.c> > om> >> >> > _______________________________________________> > blindlaw mailing list> > blindlaw at nfbnet.org> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org> > To unsubscribe, change your list options or get your account info for > > blindlaw:> > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/b.schulz%40sbcglobal.net > > > _______________________________________________> blindlaw mailing list> blindlaw at nfbnet.org> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org> To unsubscribe, change your list options or get your account info for blindlaw:> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/timandvickie%40hotmail.com
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