Philly Pool Makes a Splash

[Elvado]

good to know that the hurt of these young children can be salved by a lawsuit.

[thebin]

It's a small pool club, there are probably like 3 staff members total, they don't have a PR budget I'm guessing. But they will now how to fight off a big law firm and the race hustling industry to survive. They clearly can't afford to do that. That club is not long for this earth.

[Cambridge]

You're right, I suppose their claims of discrimination pale in comparison to those of a serial litigant suing the New Haven Fire Department for the third time in under a decade. That, according to the Supreme Court, is what a deserving plaintiff looks like: an underachieving and undeserving man who has spent a career complaining his way up and reacted to every professional slight or setback he has ever faced with a petty lawsuit against his superiors.

Again, I'm no fan of the city of New Haven's decision, the resulting lawsuit, the District Court's ruling, the Circuit's decision or the Supreme Court's ruling. I think the fact the case exists in the first place is a troubling commentary on our legal system. But, to come out in favor of that suit (as many on this board did) and then not support a similar claim by children seems perverse.

[thebin]

No way you just made this about "the children." I just threw up in my mouth.

I guess one's right to join a private leisure club without feeling offended (remember that unlike in New Haven their membership is available to them as remedy- they just want something else now like a payoff) has the same legal standing to you as the right not to be manifestly discriminated against by a government employer.

[theexorcist]

Jul 15, 2009 9:03:03 GMT -5 Cambridge said:

You're right, I suppose their claims of discrimination pale in comparison to those of a serial litigant suing the New Haven Fire Department for the third time in under a decade. That, according to the Supreme Court, is what a deserving plaintiff looks like: an underachieving and undeserving man who has spent a career complaining his way up and reacted to every professional slight or setback he has ever faced with a petty lawsuit against his superiors.

Again, I'm no fan of the city of New Haven's decision, the resulting lawsuit, the District Court's ruling, the Circuit's decision or the Supreme Court's ruling. I think the fact the case exists in the first place is a troubling commentary on our legal system. But, to come out in favor of that suit (as many on this board did) and then not support a similar claim by children seems perverse.

Oh, come on. New Haven was a case where reverse discrimination was blatant - the city was very clear that the reason the tests were eliminated (after the fact!) was that the desired racial percentage didn't pass.

At the swim club, the swim club has consistently denied race was a factor. Two other groups were also denied and have not complained (if I were reporting, I'd love to talk to them). This case was handled poorly by the swim club, but discrimination gets held to a higher standard.

[TC]

Jul 15, 2009 8:52:44 GMT -5 thebin said:

It's a small pool club, there are probably like 3 staff members total, they don't have a PR budget I'm guessing. But they will now how to fight off a big law firm and the race hustling industry to survive. They clearly can't afford to do that. That club is not long for this earth.

Libertarians should be a-OKAY with that.

[Cambridge]

Jul 15, 2009 9:51:48 GMT -5 theexorcist said:

Jul 15, 2009 9:03:03 GMT -5 Cambridge said:

You're right, I suppose their claims of discrimination pale in comparison to those of a serial litigant suing the New Haven Fire Department for the third time in under a decade. That, according to the Supreme Court, is what a deserving plaintiff looks like: an underachieving and undeserving man who has spent a career complaining his way up and reacted to every professional slight or setback he has ever faced with a petty lawsuit against his superiors.

Again, I'm no fan of the city of New Haven's decision, the resulting lawsuit, the District Court's ruling, the Circuit's decision or the Supreme Court's ruling. I think the fact the case exists in the first place is a troubling commentary on our legal system. But, to come out in favor of that suit (as many on this board did) and then not support a similar claim by children seems perverse.

Oh, come on. New Haven was a case where reverse discrimination was blatant - the city was very clear that the reason the tests were eliminated (after the fact!) was that the desired racial percentage didn't pass.

At the swim club, the swim club has consistently denied race was a factor. Two other groups were also denied and have not complained (if I were reporting, I'd love to talk to them). This case was handled poorly by the swim club, but discrimination gets held to a higher standard.

My point was only that the plaintiff was a pretty pathetic one in New Haven. He had sued the New Haven Fire Department three times in the last decade for various alleged discrimination. There is no such legal doctrine as "reverse discrimination," so I'm not sure what you mean by blatant. It's either discrimination or it's not regardless of who's doing the selection and exclusion. Why create a new term of art? Regardless, in his many efforts to secure himself a government job via litigation, finally one of his claims stuck. Kudos. What a hero. Whether you agree with the underlying claim or not, the kids in this case have as compelling a claim, plus they lack the baggage of being serial plaintiffs. I was only reacting to the idea that they had no grounds to sue, not to the legitimacy of their claims.

[theexorcist]

Jul 15, 2009 10:20:34 GMT -5 Cambridge said:

Jul 15, 2009 9:51:48 GMT -5 theexorcist said:

Oh, come on. New Haven was a case where reverse discrimination was blatant - the city was very clear that the reason the tests were eliminated (after the fact!) was that the desired racial percentage didn't pass.

At the swim club, the swim club has consistently denied race was a factor. Two other groups were also denied and have not complained (if I were reporting, I'd love to talk to them). This case was handled poorly by the swim club, but discrimination gets held to a higher standard.

My point was only that the plaintiff was a pretty pathetic one in New Haven. He had sued the New Haven Fire Department three times in the last decade for various alleged discrimination. There is no such legal doctrine as "reverse discrimination," so I'm not sure what you mean by blatant. It's either discrimination or it's not regardless of who's doing the selection and exclusion. Why create a new term of art? Regardless, in his many efforts to secure himself a government job via litigation, finally one of his claims stuck. Kudos. What a hero. Whether you agree with the underlying claim or not, the kids in this case have as compelling a claim, plus they lack the baggage of being serial plaintiffs. I was only reacting to the idea that they had no grounds to sue, not to the legitimacy of their claims.

In one case, I see a plaintiff going up against government - you know, the place that's supposed to treat everyone equally - and having them change the rules on him in the middle of the game, and say that, because he and other people of his race did too well on a test, they won't use it. They went to the Supreme Court arguing that darn straight they were discriminating against the people who passed because of their race and got deservedly smacked down.

In one case, I see a lot of he-said, she-said at a private club, with some theatrics where the group decided not to take a (belated) offer to swim and is now going to sue - with what seems like a basic desire to take the club into bankruptcy.

The claims aren't the same.

[RusskyHoya]

More gasoline on the Philly fire: www.cnn.com/2009/CRIME/07/17/police.racism.lawsuit/index.html

[PhillyHoya]

According to local Philly papers, Tyler Perry is sending the kids to Disney World :/

www.phillyburbs.com/news/local/the_intelligencer/the_intelligencer_news_details/article/27/2009/july/21/campers-get-trip-to-disney-world-1.html