Justice is supposed to be blind, not stupid. It’s supposed to be blind in the sense of being fair and impartial, not in the sense of being oblivious to facts and logic.
Officers of the court, plaintiff and defense attorneys alike should seek to promote justice, resisting the temptation to game the system.
For that very reason, it behooves good citizens to pay attention and object vociferously when they see their courts being used for sport.
As, for instance, when a legally blind person attempts to exploit that disability to seemingly shake down a series of commercial enterprises because their websites allegedly violate the Americans with Disabilities Act.
Plaintiff Eric Foreman of St. Clair County is currently suing barbecue sauce vendor Blues Hog in federal court because the company’s website allegedly does not offer a completely blind-friendly experience.
He invokes COVID-19 concerns, arguing that these times are particularly dangerous for disabled individuals.
“With public health experts expecting social distancing to extend through 2022, and the uncertainty surrounding businesses transitioning back to normal operations, the importance of accessible online services has been heightened. During these unprecedented times, disabled individuals risk losing their jobs, experiencing difficulty acquiring goods and services like health care, and not having the information they need to stay safe,” his lawsuit says.
In his latest complaint – he’s filed 15 such cases since June 2020 – he’s claiming injury for not being able to maneuver a website for barbecue sauce.
Could he not make a phone call and place an order for the special sauce that way? Could he not send an email and ask the Blues Hog webmaster to make whatever adjustments need to be made to accommodate his disability? Could he not ask a friend or relative to help him negotiate the Blues Hog website?
His lawsuits don't seem to be serving the interests of persons with disabilities who may have legitimate concerns for online access to vital goods and services.
Pittsburgh, Pa. attorney Benjamin Sweet and other lawyers from California have so far secured nine settlements for Foreman in under a year.
Snow Teeth Whitening, which as the name implies endeavors to keep those pearly whites white, is one such settled case. So is a case against Pool Supply Super Store, which offers offers unbeatable discount prices on pool pumps, filters, cleaners, etc.
If you see justice in allowing these kind of cases that compete for valuable court resources against litigants with more serious claims, it might be time for an eye appointment. Our courts should not be used for games.