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Bend Over, Be Governed, and Like It!


— February 19, 2018

The legislative landscape is changing, as the party that promised Freedom is now telling us to bend over, accept the erosion of our rights, and like it.


Last Thursday, as a shocked (and not-shocked) nation once again mourned and deepened tribal rifts over the bodies of seventeen dead in Florida, House Representatives appeared to use the tragedy as cover while they passed H.R. 620 by a 225-192 vote, mostly, but not entirely, along party lines. The bill, sponsored by Ted Poe (R-TX), is a giant “bend over!” to disabled people. Instead of requiring businesses to proactively comply with the accessibility requirements outlined in the Americans with Disabilities Act, it burdens citizens who want to sue non-compliant businesses by making them first provide written notice to the business that they’re breaking the law, as if the business didn’t know that already. The businesses then have 60 days to come up with a way to increase accessibility (say, building a wheelchair ramp) and 120 more days to actually comply with the ADA.

Congresswoman Tammy Duckworth, seated in her wheelchair, greets people with a smile.
Congresswoman Tammy Duckworth (D-IL), the first disabled woman to be elected to Congress, at an ADA event in Chicago in 2015. Cropped version of an original photo by Daniel X. O’Neil, via Flicker. CC BY 2.0

One hopes that there would exist a multitude of competitors ready and willing to make their businesses barrier-free, since the money that disabled people spend is just as green as the other kind. Meanwhile, people who are already at a disadvantage will have to spend far more energy trying to get through life and fight for their rights simultaneously. Do the (mostly) Republican voters who share those “pray for the wounded warriors and sick babies” messages realize how their choices at the ballot box negatively impact the lives of those they find so otherwise inspirational?

While H.R. 620 is bad enough, it’s just one result of a changing political landscape. The current Republican-led Congress has introduced over 50 bills that would make it harder for everyday citizens to fight injustice and seek remedies in a court of law. It’s hard to believe that a political party that rode into office on promises of star-spangled, All-American freedom would use that power to tell Americans to bend over and accept whatever the government wants to do to them – or maybe it isn’t, when you realize that the freedom they meant was that of the donor class to ride roughshod over our rights, our safety, our health, our protection, and our environment.

Earthjustice, a nonprofit environmental law organization, recently released an analysis of proposed legislation that would drastically undermine the ability of everyday Davids to shoot back at the Goliaths who hurt them. Here’s a sampling of some of those 52 legislative attacks:

H.J. Res 111, sponsored by Rep. Keith J. Rothfus (R-PA), walks back a consumer protection that prohibited banks and other corporations from funneling aggrieved consumers into mandatory arbitration, while also forbidding individuals from forming class action suits against predatory lenders and other bad businesses.

H.R. 469, sponsored by Rep. Doug Collins (R-GA), would make it more expensive for citizens to sue when the government acts illegally by inhibiting federal agencies from settling lawsuits. When the financial burden of justice is too heavy, the government and corporations will find it easier to avoid enforcing or obeying regulations designed to protect us.

H.R. 732, sponsored by Rep. Bob Goodlatte (R-VA), prevents third-party organizations from receiving settlement funds that could help whole communities recover after widespread damage, such as from an oil spill.

H.R. 1179, sponsored by Rep. Tom Rice (R-SC), would force losing parties to pay all legal costs, including those of the winner, when bringing suit under the Clean Water Act. Since poorer neighborhoods are more likely to be polluted, the potential of being on the hook for expensive corporate or governmental attorney fees could stop lawsuits before they start, forcing more people to bend over for polluters.

H.R. 1215, sponsored by Rep. Steve King (R-IA), restricts the ability of those hurt by dangerous drugs and medical devices or medical malpractice to fight back, and caps the kinds of punitive damages that are supposed to deter the damage in the first place.

H.R. 3267, sponsored by Rep. John Abney Culberson (R-TX), seeks to prevent polluters from the burden of paying restitution to the communities they harm.

The list goes on and on, a sad tribute to the way our elected representatives, who are supposed to protect us, are all too willing to sell us out to corporate interests. Fortunately, there could be a happy ending. All of these politicians hold office because that’s what their constituents wanted at the time, but that doesn’t mean they have to bend over and accept the erosion of their rights and safety forever. Instead of being led to slaughter, voters can make a break for it, just like this Polish cow did in its daring rush to freedom last month. All we need are some idea of what they have in mind for us, better candidates to choose from, and the will to live.

Related: Deregulation is (Someone Else’s) Freedom

Sources:

Activists for disabled fear House bill would gut Americans With Disabilities Act
House Votes to Gut the Americans With Disabilities Act to Nip ‘Abusive Lawsuits’
The House of Representatives Just Voted to Gut the Americans with Disabilities Act
Analysis Shows Concerted Effort by Congress to Bar Public from Seeking Justice in a Court of Law
Tracking Congress’ Attacks on Access to Justice
Cow escapes on way to slaughterhouse, smashes through metal fence, breaks arm of man trying to catch her then swims to safety on island in lake
Florida school shooting suspect was member of white nationalist militia, leader says

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