|FROM ||Rick Moen
|SUBJECT ||Re: [Hangout-NYLXS] One step forward,
|Quoting Ruben Safir (ruben-at-mrbrklyn.com):
> Let me introduce you to Representivie Yvette Clark
> I just got off the phone and her Representative bluntly told me that
> they are in favor of the ADA and the removal of the Berkeley Material
> for lack of compliance
Representive Clarke (correct spelling) does indeed appear to be a
liberal -- and, moreoever, in the spirit of what I meant when I said
'_identifiable_ liberal', i.e., not just some net.random like the
mailing list guy whose posting you tried to misrepresent as approval--
but I'm betting that you have misrepresented her position because,
frankly, you have a long history of doing such things.
I'd bet good money that her stance is that ADA Title II is the law of
the land and that UC Berkeley should comply with it. I'm betting that
she never expressed the view that UC Berkeley should take down anything
at all, let alone 20,000 somethings.
If you assert she's saying otherwise, call her up again, get her to say
it again, record the conversation, and let me hear the recording.
There's some wager money in it for you.
If you ever decide to get serious about this, you need to go back and
learn some civics, including how administrative law (codified in the
Code of Federal Regulations) works within confines set by enabling
legislastion (codified in US COde). 42 USC 12131(1)(B), 42 USC 12133,
and 42 USC 12132 are the enabling legislation in this case. 28 CFR
35.104, 28 CFR 35.172, 28 CFR 35.130(a), and 28 CFR 35 subpart F are
All which is on the Web. But you haven't bothered to read them, have
It's part of the job of Federal departments and agencies -- such as
Trump's Department of Justice -- to do rulemakings for administrative
law (which go into the CFR). If they err and need correction, Congress
and/or the courts can and do perform that task.
And the way you influence the process, if a Federal department or agency
starts to do something you consider grossly wrong, such as this proposed
action by a Republican administration to enforce a law signed by a
Republican president, is to understand that process and work via the
courts and/or Congress accordingly.
By contrast, throwing tantrums on mailing lists doesn't do shit.
Now, if you'll please excuse me, I'm on vacation in the Caribbean, and
don't really have time to teach you basic civics, even if you were
willing to learn, which I doubt very much you are.
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