Mayorherb Defense Fund.

[bobandtorey]

What is Mayorherb's disability?  If it's back pain, then I don't think LEO has to accommodate anything.  They can't take away someone's wheelchair to put them in a cell.  Someone with breathing problems has to have access to their oxygen if needed, etc.  But something like back or joint pain, that's not going to get you any special treatment.  There's a difference between being sick and being disabled.  Just because you are an MMJ patient doesn't make you disabled.

I can see how you feel about being disabled and do agree the jail will not help you unless maybe you are in a wheelchair at the time and we all know that just because you say you are disabled and need your pain meds you won't get them

But as Greg s said the ADA doesn't say that someone can be only somewhat disabled of they our only a little disabled if the State of Mich., say's you are then you are

[Celliach]

I can see how you feel about being disabled and do agree the jail will not help you unless maybe you are in a wheelchair at the time and we all know that just because you say you are disabled and need your pain meds you won't get them

But as Greg s said the ADA doesn't say that someone can be only somewhat disabled of they our only a little disabled if the State of Mich., say's you are then you are

Is it the state of Michigan that determines you are disabled?  What department of the state government does that?

 

I'm just pointing out that the qualification for disabled might be, at best, confusing. 

[Celliach]

The ADA is the same law that covers people held in jail.      Facts About the Americans with Disabilities Act

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example:

• A deaf applicant may need a sign language interpreter during the job interview.
• An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
• A blind employee may need someone to read information posted on a bulletin board.
• An employee with cancer may need leave to have radiation or chemotherapy treatments.

An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.

Title I of the ADA also covers:

• Medical Examinations and Inquiries

  Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs. 

   

  Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee’s request for a reasonable accommodation would be considered medical information subject to the ADA’s confidentiality requirements.

• Drug and Alcohol Abuse

  Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

Federal Tax Incentives to Encourage the Employment of People with Disabilities and to Promote the Accessibility of Public Accommodations

The Internal Revenue Code includes several provisions aimed at making businesses more accessible to people with disabilities. The following provides general – non-legal – information about three of the most significant tax incentives. (Employers should check with their accountants or tax advisors to determine eligibility for these incentives or visit the Internal Revenue Service's website, www.irs.gov, for more information. Similar state and local tax incentives may be available.)

• Small Business Tax Credit (Internal Revenue Code Section 44: Disabled Access Credit)

  Small businesses with either $1,000,000 or less in revenue or 30 or fewer full-time employees may take a tax credit of up to $5,000 annually for the cost of providing reasonable accommodations such as sign language interpreters, readers, materials in alternative format (such as Braille or large print), the purchase of adaptive equipment, the modification of existing equipment, or the removal of architectural barriers.

• Work Opportunity Tax Credit (Internal Revenue Code Section 51)

  Employers who hire certain targeted low-income groups, including individuals referred from vocational rehabilitation agencies and individuals receiving Supplemental Security Income (SSI) may be eligible for an annual tax credit of up to $2,400 for each qualifying employee who works at least 400 hours during the tax year. Additionally, a maximum credit of $1,200 may be available for each qualifying summer youth employee.

• Architectural/Transportation Tax Deduction (Internal Revenue Code Section 190 Barrier Removal): 

  This annual deduction of up to $15,000 is available to businesses of any size for the costs of removing barriers for people with disabilities, including the following: providing accessible parking spaces, ramps, and curb cuts; providing wheelchair-accessible telephones, water fountains, and restrooms; making walkways at least 48 inches wide; and making entrances accessible.

[Celliach]

I'm positive that not all MMJ patients in Michigan are considered disabled.

[GregS]

Celli. Title 1 considers employment. Title 2 is a little different animal. I did, after all, state that Title 2 is what we are protected under.

 

"I'm positive that not all MMJ patients in Michigan are considered disabled."

 

Only if they meet the following criteria are they considered disabled:

 

Sec. 12102. Definition of disability

As used in this chapter:

(1) Disability

The term "disability" means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

© being regarded as having such an impairment (as described in paragraph (3)).

(2) Major Life Activities

(A) In general

For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) Major bodily functions

For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(3) Regarded as having such an impairment

For purposes of paragraph (1)©:

(A) An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)© shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

(4) Rules of construction regarding the definition of disability

The definition of "disability" in paragraph (1) shall be construed in accordance with the following:

(A) The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.

(B) The term "substantially limits" shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.

© An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

(E)

(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as

(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;

(II) use of assistive technology;

(III) reasonable accommodations or auxiliary aids or services; or

(IV) learned behavioral or adaptive neurological modifications.

(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

(iii) As used in this subparagraph

(I) the term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

(II) the term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image.

Sec. 12103. Additional definitions

As used in this chapter

(1) Auxiliary aids and services

The term "auxiliary aids and services" includes

(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

© acquisition or modification of equipment or devices; and

(D) other similar services and actions.

(2) State

The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

[Celliach]

Again, greg, who is it that "qualifies" a person.  How do you prove to the police that are locking you into a cell that you are disabled, especially if it's not physically apparent?

[GregS]

There are federal prohibitions against illegal drug use. They require no use. A person who has completed a rehab program and is clean, a person who is in rehab and not using, or a person who does not use are protected. One would necessarily have to meet those requirements.

[Celliach]

BTW, the above definition would consider an illiterate person disabled.  Do you think that's fair?  What should the LEO have to do to accommodate an illiterate person?  What do they have to do to accommodate someone that can't bend over?  can't lift?  can't learn?

[Celliach]

There are federal prohibitions against illegal drug use. They require no use. A person who has completed a rehab program and is clean, a person who is in rehab and not using, or a person who does not use are protected. One would necessarily have to meet those requirements.

 

Honestly I don't understand what this has to do with what we're talking about?  

 

Aren't we trying to determine how LEO determines you are disabled and what accommodations they have to make for you?

[bobandtorey]

Oh i am not saying that just because you are disabled you will be treated better in Jail i know you will not

[GregS]

Please read the law. There is a lot to it. The text can be found here: http://www.ada.gov/pubs/adastatute08.htm#12102.

 

LEO is required to be trained in these matters. That was established about twenty years ago. It is when departments have not met those requirements, and it can be demonstrated they have not, that action can be brought against those departments. In many cases they have flatly ignored the law.

[GregS]

Then too, there is this: http://www.nlg-npap.org/system/files/HarringtonADA.pdf.

 

You will find text regarding police misconduct in about the last 3/4ths of the document.

Edited September 12, 2013 by GregS

[cristinew]

If they are nice they will give him two rubber mats instead of one, and if they are real nice they will give him a pillow,But in jail you have to earn respect from the guards if not they will make him sleep on the concrete with nothing  disabled or not  

[Dr. Bob]

I'm positive that not all MMJ patients in Michigan are considered disabled.

That was already ruled on.  In housing.  MMJ patients cannot apply for protection under the ADA simply by being marijuana patients and don't have special protection under the act for their medication.

 

I think Mayor's activity level doesn't speak for him being bedridden or entitled to special treatment.  Sucks being in jail, but isn't that the point of being in jail?

 

Dr. Bob

[Celliach]

It's one thing to read the law on paper and another to experience it firsthand.  As Alfred Korzybski once said, "The map is not the territory."  Many people think just because something is written down somewhere it will protect them.  Nothing could be further from the truth in reality.  Remember, without physical proof, any disagreement with LEO will not even exist as far as the court is concerned.  It will be your word against the word of a police officer.  Who will the judge believe?

 

There are too many variables in this type of situation to say that everyone is protected by the law.  That's all I'm saying.  There's no black and white line to be drawn.  A case that LEO discriminated against you because of a physical disability is going to very hard to prove without absolute physical proof.

[GregS]

It's one thing to read the law on paper and another to experience it firsthand.  As Alfred Korzybski once said, "The map is not the territory."  Many people think just because something is written down somewhere it will protect them.  Nothing could be further from the truth in reality.  remember, without physical proof, any disagreement with LEO will not even exist as far as the court is concerned.  It will be your word against the word of a police officer.  Who will the judge believe?

 

There are too many variables in this type of situation to say that everyone is protected by the law.  That's all I'm saying.  There's no black and white line to be drawn.  A case that LEO discriminated against you because of a physical disability is going to very hard to prove without absolute physical proof.

I am not arguing otherwise Celli. It is said in the provided text that accommodations are as myriad as the functions police perform. Departments are required to work up a plan for training personnel and implementing the required policy. That they have not is understood. What you describe are impediments to enforcement of the law. They are what would necessarily be challenged, just as in any other discrimination suit. Your statements that it is hard are well enough taken, but going to court is all about finding the limits of the law. Rules of evidence would determine what can and cannot be considered proof.

Edited September 12, 2013 by GregS

[bobandtorey]

I don't disagree with you GregS but if it was all true then the ACLU would be all over it and they couldn't even Win the Walmart Joe case

[bobandtorey]

If they are nice they will give him two rubber mats instead of one, and if they are real nice they will give him a pillow,But in jail you have to earn respect from the guards if not they will make him sleep on the concrete with nothing  disabled or not  

YUP!

[GregS]

I don't disagree with you GregS but if it was all true then the ACLU would be all over it and they couldn't even Win the Walmart Joe case

Casias was not free from mj use. That is enough to prevent a winnable Federal case which, if memory serves, it was.

[bobandtorey]

It's one thing to read the law on paper and another to experience it firsthand.  As Alfred Korzybski once said, "The map is not the territory."  Many people think just because something is written down somewhere it will protect them.  Nothing could be further from the truth in reality.  Remember, without physical proof, any disagreement with LEO will not even exist as far as the court is concerned.  It will be your word against the word of a police officer.  Who will the judge believe?

 

There are too many variables in this type of situation to say that everyone is protected by the law.  That's all I'm saying.  There's no black and white line to be drawn.  A case that LEO discriminated against you because of a physical disability is going to very hard to prove without absolute physical proof.

This is so true your word as a criminal against Leo's word the judge will only say i believe Leo let's move on

[bobandtorey]

Casias was not free from mj use. That is enough to prevent a winnable Federal case which, if memory serves, it was.

i am sorry i don't understand your point

 

Walmart and there $$$ and Lawyers got his case moved to the Fed court house the ACLU tried to keep it from going their but we all know how that worked out

[GregS]

i am sorry i don't understand your point

 

Walmart and there $$$ and Lawyers got his case moved to the Fed court house the ACLU tried to keep it from going their but we all know how that worked out

Read the text in the aforementioned posts, put that together with the news reports, and voila, come you your own conclusions.

[bobandtorey]

Read the text in the aforementioned posts, put that together with the news reports, and voila, come you your own conclusions.

 

The page "Aforementioned" does not exist. You can ask for it to be created, but consider checking the search results below to see whether the topic is already covered.

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•  

[GregS]

Sweet Jesus...(holds face in hands)

Edited September 12, 2013 by GregS

[phaquetoo]

Is it the state of Michigan that determines you are disabled?  What department of the state government does that?

 

I'm just pointing out that the qualification for disabled might be, at best, confusing. 

It was my dr.'s and ssdi that determined I was disabled,  I applied for ssdi for back issues and they sent me to a shrink lmao!

 

I already had all of the testing I needed for my back, so I guess they wanted to see if I was coo coo also, well they said I had 2 anti social disorders and I was bipolar, anti social disorders, I was a dj and karaoke host lol, but I most def had back issues lol and as far as bipolar well you all can answer that bawahahahahahaha!  Id have to say the head meds they put me on a yr ago made me alot more mellow than I was!    

 

Peace