Is Bombing of Federal Courthouse Linked To ADA-Ruling?

On May 5, 2008, at 1:40 a.m., a bomb went off outside the federal courthouse in San Diego, California. There were no injuries, but there was significant damage to property.

The explosion destroyed a glass door, sent shrapnel into the ceiling and punched a hole in a fifth-story window of a building across the street, (FBI spokesman Darrell Foxworth) said.

Rachelle Lynette Carlock, 31, was recently arrested and charged with the illegal purchase of gunpowder in connection with the case. As yet she has not been charged with the bombing itself, although many of the evidentiary hearings have taken place in private due to the on-going investigation.

Initial fears were that the blast was a terrorist attack, although the FBI was quick to assert they had no evidence of terrorism being a motive.

It turns out, however, the motive might be tangentially related to the Americans with Disabilities Act.

Carlock's father, Gaynor Carlock, has a history of serially filing lawsuits charging violations of the ADA. Described by the court as a "cottage industry," Mr. Carlock has filed over 120 lawsuits against businesses in San Diego and Los Angeles in the past few years. He filed so many lawsuits, in fact, the court issued restrictions on him, severely limiting his ability to bring such actions.

A court labeled him a "vexatious" litigant (in legal terms, vexatious means "instituted without sufficient grounds and serving only to cause annoyance to the defendant"). The court ruled that prior to the filing of any further lawsuit, Mr. Carlock must provide the business with 30-days notice and must get the permission of the court to file. This, I presume, has significantly diminished the filing of lawsuits and, most likely, Mr. Carlock's main source of income.

The government hasn't speculated (at least publicly) on motive, but given the ruling against Mr. Carlock, the arrest of his daughter, and the precise location of the bomb, my guess would be the FBI is looking to connect the dots.

Mr. Carlock is a quadriplegic, paralyzed for 30 years since being the victim of a gunshot. His daughter was denied bail due in large part to her spotty past.

(Rachelle) Carlock violated parole six times and probation twice in connection with a 1998 robbery conviction, Assistant U.S. Attorney Fred Sheppard said. He also said Carlock has a history of drug use, a limited employment record and four children who don't live with her.

Stay tuned.

"They are a perfect match."

Justin Gubser is an active, healthy-looking 14 year old boy who takes his dog, Duke, with him everywhere he goes.

Not because he loves his dog, which he does; it's because his life depends on it.

Justin is a "brittle diabetic," meaning his blood sugar often goes on rollercoaster rides - and can, at times, be completely resistant to insulin. He is also hypoglycemic unaware, meaning there are no physical or behavioral clues when his blood sugar level is dangerously low.

That's where Duke comes in. Duke, a Newfoundland puppy that one day will grow to weigh 200 pounds, has been trained to sniff fluctuations in Justin's blood sugars.

Forget the life-saving stuff a minute --- 200 pounds! There are starting defensive backs in the NFL who don't weigh 200 pounds...

Justin and his mother Amy went to Missouri for 3 weeks to take an intensive course and returned home with Duke. This amazing dog has the ability to detect a serious drop in Justin's blood sugar - from a quarter mile away.

"They walk alike, they act alike. They are a perfect match. This is the breed that rescues fishermen from the North Atlantic," Amy said. Duke likes baseball and the going to the beach, two big Gubser pastimes. This is the family that runs Surf Camp Pacifica.

One of the biggest challenges Justin faces comes with having a normal, healthy-looking boy who needs to have a 180 pound Newfoundland with him.

Duke is a service dog entitled to all the privileges under the Americans With Disabilities Act, but it is not apparent why he is with Justin because Justin doesn't look blind or otherwise disabled. On the first day back at school, the SamTrans bus driver wouldn't let Justin board with Duke.

What a gifted animal. He has given Justin the chance to live a normal life.

Justin and Duke now share a new big bed in their Sharp Park home. Duke has learned not only to wake Justin to alert him, but to bounce against the wall between his bedroom and his parents' bedroom to wake them up, too, and he did exactly that several times.

"I can do sleepovers now," Justin said.

Prayers for Ted Kennedy

Senator Edward Kennedy has always been a champion for people with disabilities. His own family was touched by disability, as his sister with mental retardation spent much of his life in an institution.

He, along with Tom Harkin, have been two true champions for people with disabilities on Capitol Hill.

I'm praying for him.

Don't Bother Heckling The Umpire - It Won't Work

Baseball fans are rarely objective observers. Many times fans from both teams go home grumbling about how the umpires, the men in blue, were unfair to their team. The ump was inconsistent in calling balls and strikes, was out of position for the play at second, or is secretly dating the opposing team's coach's niece.

Some fans, in their passion, become vocal and let the umpire know how they feel, hoping against hope that it will have a positive impact on the game.

Don't even try that with Peter Rozynski; it won't work.

He can't hear you.

Rozynski is a deaf umpire in south Florida, one of approximately 35 deaf umpires across the country. He primarily works softball games, and was recently named the Rookie of the Year for the East Coast Umpires Association, the organization for Palm Beach County, Florida's high school umpires.

"I wanted to show the softball world that I have my abilities, and my deafness does not interfere," Rozynski wrote in an E-mail. "I love communicating with fans and players who have become interested in me, and I view my challenges as an opportunity to improve myself and educate others."

It has long been believed (although disputed by some) that hand signals were implemented into the game so that coaches and umpires could communicate with William "Dummy" Hoy, the most accomplished deaf baseball player in history. He played from 1888 to 1902, most notably for the Cincinnati Reds.

Back in 2003, Rozynski sued the New Jersey State Baseball Umpires Association under the ADA, claiming they refused to provide sign language interpreters he needed to take required classes to become an umpire. The National Association of the Deaf represented him and an amicable settlement was reached.

Rozynski acknowledges that his deafness can present some problems on the field, especially in situations where umpires normally rely on their ears to help them, such as :

• Determining whether the batter swung and missed or "tipped" it with the bat;
  
• On close plays at first, umpires often listen to the disparate sounds of the runners foot hitting the base a fraction of a second before or after the thrown ball hitting the first baseman's glove.
  
• If a batter or runner yells for "time" with no corresponding hand gesture, he often misses it.
  

Rozynski, deaf since age 2, has limited verbal skills. He gets around this in two ways: First, he is emphatic in the use of hand gestures, removing any ambiguity in the call.

Second, he does have verbal utterances for strikes, balls, out and safe. They may not be what players are accustomed to, but once they learn his style, it ceases to become an issue.

And don't try to sneak in the "magic words" during an argument.

"I can read those lips," Rozynski said. "But if they turn around and say something behind my back, it's a different story."

A former semi-pro baseball player, Rozynski started umpiring to stay close to the game. An additional reason he gave is one many fans could relate to: He said over his lifetime he had seen "a ton of bad calls."

And yes, his eyesight is just fine.

Starting In Lane One, Oscar Pistorius

The Court of Arbitration for Sport - whatever that is - has overruled the International Association of Athletics Federations - whatever that is - and put Oscar Pistorius back in the running for the 2008 Olympic Games in Seoul.

Pistorius, a double amputee, has run world class 400 meter times with the help of prosthetic legs built for running.

"I am ecstatic," Pistorius told reporters in Milan, Italy. "When I found out, I cried. It is a battle that has been going on for far too long. It's a great day for sport. I think this day is going to go down in history for the equality of disabled people."

Now all he has to do is qualify - which won't be easy.

In order to run in an Olympic track event, it isn't enough to be the one of best in your country; you have to meet Olympic qualifying standards. Pistorius' best time is 46.56, and the qualifying standard is 45.55, over a second faster.

He has lost training time due to this fight, which will make qualifying even more difficult. He could, however, be added to the South African mile relay team. Six runners - including two alternates - can go to the Olympics on a relay.

The ruling does allow him to focus on the 2012 games in London, perhaps a more realistic goal.

**I've said this before - it's great that he gets to compete, and I wish him well. Tests have shown, however, that he expends less energy in a race than his fellow runners. If you watch him race, all the other runners slow down the last 100 meters, and Oscar is still motoring along at the same pace. That is due to the prosthetic legs, and not anything else. It is GREAT to see him out there competing, but that doesn't mean he isn't getting some sort of advantage.

Having been a former track runner myself, I can see where this would cause angst in the sport. What if he wasn't running 46.5; what if he was running 40 flat? (the world record is 43.18). I believe if he was shattering world records, those performances would be discredited, and I doubt the same ruling would have come down from above.

It is hard - very hard - to make a living in track and field. The difference between those who get rich and those get peanuts is minuscule. That is why performance enhancing drugs are such a problem, and there are many who will view Oscar's prosthetic limbs (built resembling a jaguar's legs) in the same manner.

I think people will be very happy for him, as long as he doesn't win. They won't begrudge him endorsements or appearance fees - those are based on marketability. But if this guy starts ripping off gold medal performances, there will be grumblings.

To Geri Glass - (Belated) Happy Mother's Day

In the late May 1996, Geri Glass graduated from Park County High School in Billings, Montana. A mere five days later, her life changed forever.

She was in a tragic car accident that took the life of one passenger and left her a tetraplegic – partial use of her hands and arms, but no use of her legs.

She gradually pulled her new life together as a person with a disability. In December 2004, Geri became a mother with the birth of her son Gage, adding another chapter to a seemingly remarkable story of the perseverance of the human spirit.

Apparently, the Child and Family Services Division of the Montana Department of Public Health and Human Services was not impressed.

In 2005, the state of Montana opened an investigation into whether or not Ms. Glass was capable of caring for her own child. Mind you, they had no complaints; there was no evidence of mistreatment, and she didn’t ask for help.

They just didn’t think she could pull it off.

Ms. Glass had been a person with a disability for eight years when Gage was born. She was 26 years old at the time. She was old enough to know herself and her abilities, and she decided to become a Mom.

She was offended the state would open an investigation of her without, in her mind, just cause. She sued the state, claiming her rights had been violated. And it turns out she was right.

The physical challenges that Glass faces will not go away, but the settlement will bring some peace of mind to her and her family. The DPHHS and Glass settled for $300,000. She received $50,000. Another $100,000 was paid into an annuity for her now 3-year-old son, Gage. When the annuity matures in 2030, it will be worth $380,000. The rest of the settlement went to Glass' attorneys.

It was an important win for people with disabilities who want to be parents.

"What we went through should never happen again to anyone," Glass wrote in the press release announcing the settlement. "We've come a long way, Gage and I, to be home free."

She said that two things mattered most in guiding her decision to settle - her son and other parents with disabilities.

I would like to take this opportunity to wish Geri Glass a belated Happy Mother’s Day.

Going "All In" For Kids With Disabilities

The Licking Valley Lions Club wants to raise money to help build a "Miracle Field" for kids with disabilities. A Miracle Field is a baseball diamond set up so all kids - including those in wheelchairs - can participate in the great American pastime.

And they are going to raise money the old fashioned way - by having people gamble it away.

There will be a "Texas Hold 'Em" Poker tournament held that hopes to raise $3000 to go toward the field.

Taking place Saturday at Hanover American Legion Post 764, 1989 W. High St., the tournament doubleheader starts at noon with registration beginning at 10 a.m. The second game starts at 6 p.m.

The tournament has a $50 entry fee that gets you $4000 worth of chips. Once you get wiped out by risking it all on Queen-Eight off suit, you can get an additional $2,000 in chips for $25.

The facility is under construction on Ohio 146, adjacent to the Star Light school in Zanesville, across from the Ohio University regional campus and Zane State College. Many other service agencies are raising money for the facility, which might be ready in the next couple of weeks, Del said. Lions Clubs are raising money specifically to build the handicapped-accessible restroom facility, estimated at $62,500, on the site.

Rare Disability Found In Maryland Court System

In the state of Maryland, a gentleman with business before the court felt that Baltimore County District Judge Bruce S. Lamdin was unprofessional and belittling. The gentleman filed a complaint over Judge Lamdin's handling of traffic cases.

I'm not particularly interested in the case itself, but rather the public board to whom you file such an appeal: The Maryland Commission on Judicial Disabilities. I find that a very interesting name for a public board. It seems a very rare condition indeed: a judicial disability.

According to the state of Washington, a judicial disability is defined as:

...a disability which is, or is likely to become, permanent and which seriously interferes with the performance of judicial duties. It can be a physical or mental disability, which may include, but not be limited to, the following:

• Alcohol or drug abuse

• Senility

• Physical illness

• Mental illness

According to the Maryland Commission:
The Commission is empowered to investigate complaints against Maryland judges. It receives, investigates, and hears these complaints...

As it deems necessary, the Commission conducts hearings or takes informal action provided that the judge involved has been properly notified. To determine whether to initiate formal proceedings, the Commission conducts a preliminary investigation after which a hearing may be held regarding a judge's alleged misconduct or disability.

So let's get this straight: A citizen complains to the Commission. The Commission - apparently - notifies Judge Lamdin that they are investigating him. They tape several weeks of his proceedings and they still find 20 instances of sanctionable conduct, including:

1. Disparaging remarks about drug treatment programs and the Baltimore City criminal justice system;
2. A joke that the county's Circuit Court judges spend their afternoons sipping cocktails rather than working;
3. Profanity not typically heard from the bench.

Maybe there is something to this "judicial disability" after all.

His 30-day suspension starts Monday.

Hit Drives As If They Were Shot Out A Cannon

If you have a disability, you love guns, and you always wanted to hit 300 yard drives in golf, your time is now.

Air Force Golf is coming out with the Golf Ball Launcher, a rifle originally made for people with disabilities that will shoot a golf ball 300 yards down the fairway.

Martin Gerardo invented the Golf Ball Launcher, or GBL, to help his father, who was attempting to recover from a stroke that left him unable to use his right arm and leg.

A few months later, it hit me, that people like my dad who can't swing a golf club, can still have the opportunity to go out with his golf buddies and not hold up the pace of the game up.

He claims the rifle has a range of "a few feet" to up to 300 yards. Of course, with "regular clubs" if you pull the wrong club, you may fly one over the green into a sand trap. But with the Golf Ball Launcher, if you miscalibrate the needed air pressure, you may kill a live animal.

The current list price is $795, but you also have to purchase a 'two stage hand pump' or a 12-volt mini air compressor, both of which you can buy from Air Force Golf. There's always a catch.

As yet, despite the creation of what he calls the "ultimate golf invention," it does not appear the golf world has swooned over this new product. Mr. Gerardo says on his website that, amazingly, his idea was rejected by over 40 companies. Not "I was rejected by 40 companies before someone took a chance on me" -- he was just rejected by 40 companies. So he's doing it on his own. He's saving the first 25 models for his "private collection," but the rest should be available for sale on June 1, 2008.

Of course, there is the question of the courses themselves..

Currently, there are over 16,000 golf courses in the United States and yes not all of them will ever let us play on their courses. However, we do not care, just let us play on a few thousand courses to start and the sport will grow from there.

Good luck to you. Harry Callahan, you have the tee.

Wanted: Actress Willing To Strip For Disability Charity

A drama group in Watton, England is putting out feelers for an actress who is willing to play the role of a stripper for their production of "Fur Coat and No Knickers," which no doubt will be heading to The Palace Theatre in Piccadilly Circus in the coming months. Assuming, of course, they can fill the role of the stripper.

The lead "actress" from the Boo and Hiss Company of Watton pulled out of the role for reasons that any serious thespian could appreciate: The play is being performed over the weekend of her 30th birthday, and she doesn't wish to miss this momentus occasion.

Someone needs to step up on this one, because the play is being put on for a worthy cause.

“All the money we raised went to the Norfolk and Norwich Scope (NANSA) charity which helps people suffering with cerebral palsy and associated disabilities,” Keith Gilbert said.“Last year we managed to raise £500 for them and we hope to get even better results this year.”

Keith Gilbert is one of the actors in the drama, and spokesman for the troupe.

Gilbert's full-time job: mayor.