Friday, August 20, 2004

Egregious nonsense 

The case of a student who claimed failure to give him extra time for reading for his third-year medical school clinicals was a violation of the Americans with Disabilities Act has been defeated in appellate court. The court's ruling on a 2-1 decision noted that the plaintiff, Andrew Wong, had made it to the third year of medical school.
The level of academic success Wong has achieved without special accommodation precludes the possibility that he could establish that he is disabled. Wong is not less able to 'learn' than most people. His record proves the contrary.'
The minority opinion however, disagreed with this:
The apparent problem in this case is that Wong worked too hard and succeeded too well.
Reminds me of a story that I think Jim Bouton told in Ball Four of Joe Pepitone once being thrown out trying to stretch a single into a double. He was thrown out by 20 feet and remained on the ground after the tag. The second baseman asks "Joe, are you alright?" "Yeah, but better to look hurt than stupid." Wong's lawyer should take that advice, given his comment on the ruling.
"If you have one leg, but you're able to climb El Capitan, that doesn't mean you're not a disabled person,'' [Hunter] Pyle said. "But that's what these judges are saying ... if you get far enough in school, you're not disabled."
The word missing is "learning", as in "if you get far enough in school, you're not learning disabled."