johnwk
08-23-2010, 06:09 PM
In 1990 one of the biggest lawyer rip off schemes was hatched in Washington, D.C., under the name “The Americans With Disabilities Act”. In adopting the ACT Congress asserted in its findings “…that it is the purpose of the Act to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities, and to invoke the sweep of congressional authority, including the power to enforce the Fourteenth Amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.”
Sounds quite noble but the irrefutable fact is, neither the 14th Amendment nor Congress’ power to regulate commerce among the States grants authority to Congress to enter the States to arbitrarily address the kind of inconveniences which people with disabilities may encounter. But since its inception, the ADA is responsible for the creation of a multi-million-dollar cottage industry for lawyers and con artists who pray upon America’s businesses and industries, right down to your local pizza shop!
And how is the ADA being used to perpetrated a fraud upon businesses? One glaring example is Joseph Raetano who lives in Pinellas Country, Florida (Clearwater/Largo area), who goes from business to business in his wheelchair, alleges a violation of the ADA with the help of his lawyer Shulby and an ADA consultant, Thomas Joseph Ricci, which leaves the business owner with a choice of fighting the case and losing thousands of dollars in legal fees or accepting a settlement proposed by Shulby to drop the lawsuit. In one news report (http://www.tbnweekly.com/pinellas_county/content_articles/091509_pco-01.txt) it was noted that “Shulby files as many as 20 cases in a day.” and settlements usually range from $6,000 to $8,000!
Now, keep in mind that while the 14th Amendment was intentionally designed to prohibit state legislation which made distinctions based upon race and color, it certainly was not intended to prohibit state legislation which made distinctions bases upon sex, sexual orientation, or physical impairments. These prohibitions have been despotically imposed by progressive federal judges who ignore the documented intentions and beliefs under which the 14th Amendment was adopted.
Likewise, the 14th Amendment was not intended, or does it suggest by its very clear language, to apply to relationships between businesses and labor and the general public at large.
And with regard to Congress’ power to regulate commerce among the States, the word “commerce” as used by our founding fathers refers to the transportation of goods among the States and was specifically intended to prevent one State from taxing another State’s goods as they passed through its borders. The various states have never agreed to allow Congress to enter the States to regulate business activities conducted therein which just happens to be an original power exercised by the various States prior to the adoption of our existing Constitution and was specifically retained by the States under the Tenth Amendment!
And now we find the latest victim of the despotic ADA, an Act which has no constitutional basis for its enforcement, is Tampa Florida’s historic Ybor City. See: ADA proving divisive for Ybor businesses (http://www2.tbo.com/content/2010/aug/20/20th-anniversary-ada-proving-divisive-ybor-busines/life-health/)
Vince Pardo, manager of the Ybor City Development Corp., said the plaintiffs tell business owners the same thing: "Pay me $15,000 and we're out of your hair."
The only question I have is, how much of a kickback to these scum lawyers give to Congress for creating the ADA fraud?
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)
Sounds quite noble but the irrefutable fact is, neither the 14th Amendment nor Congress’ power to regulate commerce among the States grants authority to Congress to enter the States to arbitrarily address the kind of inconveniences which people with disabilities may encounter. But since its inception, the ADA is responsible for the creation of a multi-million-dollar cottage industry for lawyers and con artists who pray upon America’s businesses and industries, right down to your local pizza shop!
And how is the ADA being used to perpetrated a fraud upon businesses? One glaring example is Joseph Raetano who lives in Pinellas Country, Florida (Clearwater/Largo area), who goes from business to business in his wheelchair, alleges a violation of the ADA with the help of his lawyer Shulby and an ADA consultant, Thomas Joseph Ricci, which leaves the business owner with a choice of fighting the case and losing thousands of dollars in legal fees or accepting a settlement proposed by Shulby to drop the lawsuit. In one news report (http://www.tbnweekly.com/pinellas_county/content_articles/091509_pco-01.txt) it was noted that “Shulby files as many as 20 cases in a day.” and settlements usually range from $6,000 to $8,000!
Now, keep in mind that while the 14th Amendment was intentionally designed to prohibit state legislation which made distinctions based upon race and color, it certainly was not intended to prohibit state legislation which made distinctions bases upon sex, sexual orientation, or physical impairments. These prohibitions have been despotically imposed by progressive federal judges who ignore the documented intentions and beliefs under which the 14th Amendment was adopted.
Likewise, the 14th Amendment was not intended, or does it suggest by its very clear language, to apply to relationships between businesses and labor and the general public at large.
And with regard to Congress’ power to regulate commerce among the States, the word “commerce” as used by our founding fathers refers to the transportation of goods among the States and was specifically intended to prevent one State from taxing another State’s goods as they passed through its borders. The various states have never agreed to allow Congress to enter the States to regulate business activities conducted therein which just happens to be an original power exercised by the various States prior to the adoption of our existing Constitution and was specifically retained by the States under the Tenth Amendment!
And now we find the latest victim of the despotic ADA, an Act which has no constitutional basis for its enforcement, is Tampa Florida’s historic Ybor City. See: ADA proving divisive for Ybor businesses (http://www2.tbo.com/content/2010/aug/20/20th-anniversary-ada-proving-divisive-ybor-busines/life-health/)
Vince Pardo, manager of the Ybor City Development Corp., said the plaintiffs tell business owners the same thing: "Pay me $15,000 and we're out of your hair."
The only question I have is, how much of a kickback to these scum lawyers give to Congress for creating the ADA fraud?
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)