[blindlaw] Fw:AccommodationandComplianceseries:TheADAAmendmentsAct of 2008

[Craig Borne]

Hi Mark and others,

The ADA Amendments Act will not take into account what mitigating measures
are used by the disabled individual.  The fact still remains that the
definition of disability will still be a "physical or mental impairment that
substantially limits a life activity."  The Supreme (and lower) Court found
that mitigating measures, such as prosthetic limbs, hearing devices, and
medication in essence took away the impairment, and thereby, took away the
disability.  The Amendments Act states that mitigating measures cannot be
used in determining disability.

As for the martial artists navigating without a mobility device, the fact
remains that, if they are physically impaired (poor eyesight) that limits a
life activity (such as "seeing"), then they will be considered disabled,
regardless of how they decide to get around.

Craig

Craig Borne, Esq.
Baltimore, Maryland
"A long habit of not thinking a thing wrong, gives it a superficial
appearance of being right, and raises at first a formidable outcry in
defense of custom."  --Thomas Paine, Common Sense

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Mark BurningHawk
Sent: Sunday, January 04, 2009 11:59 AM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw]
Fw:AccommodationandComplianceseries:TheADAAmendmentsAct of 2008

A martial arts approach to disability and mobility may, if the definition of

disability were to rely upon the uses of such things as canes or dogs. 
Respectfully, I would point out that the martial arts are older than the 
white cane by several thousand years, so "time proven," seems to be a rather

poor criterion upon which to judge.  Look, I'm not saying one's better than 
the other, just doing what I normally do, thinking outside the box to see if

the box will stand up.
----- Original Message ----- 
From: "John " <joramsey at cox.net>
To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Sunday, January 04, 2009 7:30 AM
Subject: Re: [blindlaw] Fw:AccommodationandComplianceseries:TheADAAmendments

Act of 2008


> Believe it or not, this is one time that I will admit that I would rather
> rely on a time proven white cane than some mystical power or martial art. 
> I
> also find it odd that learning a martial art has anything to do with 
> whether
> or not a person is legally defined as disabled.
> John
>
> John A. Ramsey Jr., Esq.
>
> Gainesville, FL 32609
>
> Phone: (352) 505-6642
>
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Locke Milholland
> Sent: Saturday, January 03, 2009 7:46 PM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] Fw:
> AccommodationandComplianceseries:TheADAAmendments Act of 2008
>
>
> I've heard of Native American teachings of, walking through the forest at
> night,  but have yet to find any instruction on the practice. I'll have to
> look into the martial arts methods too.
>
> Locke
>
> ----- Original Message ----- 
> From: "Mark BurningHawk" <stone_troll at sbcglobal.net>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Saturday, January 03, 2009 6:05 PM
> Subject: Re: [blindlaw] Fw: Accommodation
> andComplianceseries:TheADAAmendments Act of 2008
>
>
>> Well, I'm not this good myself, nor doubt that I will ever be so.  I
>> am
>> told, though, that with enhancement brought about by martial arts
>> teachings, one can tell differences in depths of columns of air,
>> variations in ambient sound, etc.  There are other ways one could know,
>> but no doubt they would be considered "mystical," or "metaphysical," for
>> purposes of this forum.  I have seen it done by one or two, so I know 
>> it's
>
>> possible, at least for some; Do not try this at home...
>>
>> ----- Original Message -----
>> From: "Locke Milholland" <lmilholland at hotmail.com>
>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Sent: Saturday, January 03, 2009 2:37 PM
>> Subject: Re: [blindlaw] Fw: Accommodation and
>> Complianceseries:TheADAAmendments Act of 2008
>>
>>
>>> Mark BurningHawk wrote:
>>> "I have known blind people who do not use a cane or a dog--though
>>> they
>>> are
>>> rare--because their martial arts or other survival skills are good 
>>> enough
>
>>> to
>>> let them be mobile and safe[.]"
>>>
>>> How do martial arts skills let you know when you are approaching
>>> steps?
>>>
>>>
>>> Locke
>>>
>>>
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>>
>>
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