On January 11, 2010, the Department of Justice entered into litigation in Richmond Township, Michigan. The litigation, Sacred Heart Rehabilitation Center, Inc. v. Richmond Township and Richmond Township Planning Commission, affects an addiction clinic in Macomb County, Michigan.
Essentially, Sacred Heart, which had maintained a facility at the current location for years, sought to renovate and expand the existing facility and erect a new building. The zoning authority denied the permits sought by Sacred Heart.
Sacred Heart brought suit in federal court arguing that the denial of the permit is a result of unlawful discrimination against persons with disabilities. The township filed a motion to dismiss, arguing that Sacred Heart has no right to seek protection from the denial of the permit in federal court.
When the United States entered the litigation on the side of Sacred Heart, it argued that since the Americans with Disabilities Act, the Rehabilitation Act and the Fair Housing Amendments Act are all federal civil rights statutes, and the plaintiff is alleging that by its actions the township violated the civil rights of Sacred Heart and the constituency it serves, it has a clear right to redress in federal court.
Assistant Attorney General for Civil Rights, Thomas E. Perez stated: “The Sacred Heart Rehabiliation Center should have access to the federal courts to make its case that Richmond Township’s actions inappropriately reinforces (sic) false stereotypes, myths and fears about persons with addiction disorders.”
Barbara McQuade, U. S. Attorney for the Eastern District of Michigan, stated: “Municipalities certainly have the right to enforce their zoning laws, but not in a way that illegally discriminates against people with disabilities. We will not hesitate to insure that the civil rights of persons with disabilities are protected, and we have weighed in on this case to assist the Court in interpreting key anti-discrimination statutes.”
The statements of Perez and McQuade can be found in the Department of Justice Office of Public Affairs release #10-021.
It is important for municipal and county zoning authorities to keep these issues in mind when a zoning request which could impact various protected classes is sought in the community.
If you follow this blog, you will realize that I took a significant hiatus (much of October, all of November and December 2009). But I am back, and hope to provide interesting information and food for thought, particularly on state and local legal issues. Occasionally, I wander into lagniappe, and that is where I am going today.
I took the opportunity, over the holidays, to watch a fair number of documentaries as I knitted, cooked and found ways to avoid cleaning my home. Most of these documentaries were on various topics concerning World War II, either from the History Channel, History International, the Military Channel or the National Geographic Channel. A couple of them were DVDs that I had acquired from The Teaching Company. As I knitted, purled, watched and listened, I became convinced that most Boomers and probably fewer members of more recent generations really grasp the concept of freedom and what it means. I thought about Kris Kristofferson’s contribution to my understanding of freedom: “Freedom is just another word for nothing left to lose/But nothing ain’t worth nothing but it’s free” (lyrics from “Me and Bobby McGee” by Kristofferson and Fred Foster, 1969).
Freedom is, in fact, another word for everything left to lose. The absence of freedom is a state that most of us, fortunately, have not experienced and like most things that we have not experienced, we do not understand.
And as I think of this new year — 2010 — I think that one of my goals will be to begin to understand freedom in the way that those who lived through World War II understood it. As a member of an occupied culture, how would I cope with foreign occupation? How would I cope with being singled out for particular scorn because I have, for example, a Welsh heritage? As a liberator, would I think that another person’s ability to live a free life is an important enough issue to cause me to risk losing my own life? As a member of the resistance, would I have the courage necessary to risk myself for the greater good of my country, society and beliefs? As a collaborator, would I make choices to keep my family alive or fed, or to make my life more simple, less risky? I really can’t imagine how I would respond to those situations, but it is something I am going to ponder this year.
Fortunately, our society offers unnumbered freedoms to us. Let us, in 2010, take the opportunity to exercise these freedoms. Let us choose to make a difference.
Think of one small thing that you can do for your community in 2010. Go out and do it! Because you are free to do so.
Happy New Year!
Remember the National Geographic-Roper Public Affairs Geographic Literacy Study? In 2006, Young Americans (18 – 24) answered about half (54 percent) of all the survey questions correctly. But by and large, majorities of young adults fail at a range of questions testing their basic geographic literacy.
But that’s not all. Three-quarters (74%) believe English is the most commonly spoken native language in the world, rather than Mandarin Chinese. Although 73% know the U.S. is the worlds largest consumer of oil, nearly as many (71%) do not know the U.S. is the worlds largest exporter of goods and services; half think its China. Fewer than half can locate the state of Ohio on a map (43%)
But because we are not teaching geography, it is not viewed as important. Half of young Americans think it is important but not absolutely necessary either to know where countries in the news are located (50%) or to be able to speak a foreign language (47%) and six in ten (62%) young Americans cannot speak a second language fluently (38% report being able to speak on or more non-native languages fluently). Indeed, young adults are far more likely to say
speaking a foreign language is not too important (38%) than to say it is absolutely necessary (14%).
And we think we can compete in a global economy? Come on, now. Who are we kidding?
What is the significance of the Prime Meridian? The Prime Meridian is the zero (0) meridian of longitude. East of the Prime Meridian is an east longitude; west is a west longitude. Greenwich Mean Time [GMT] proceeds from the Prime Meridian.
How many countries does Denmark border? Only one, Germany.
Where is “Tornado Alley”? Tornado Alley is an area stretching from northwest Texas, across Oklahoma and through northeast Kansas.
Where are glaciers located? Glaciers are traditionally thought to be found in cold, northern places, but they are actually located on all continents.
What is a fjord? Dramatic looking canyons with high cliffs hanging over a thin bay of water are known as fjords. Created at the end of the ice age, they are very common in Norway and Alaska.
Tune in on Friday to discover that we really are failing geography!
What is the Prime Meridian? The Prime Meridian is a line of longitude that “theoretically speaking” runs through the Royal Observatory in Greenwich, England.
Is there any current subcontinent on the globe? Currently, there is only one subcontinent, principally India.
What is permafrost? Permafrost is ground that is so frozen that it will not support vegetation. For example, the tree line, which changes from latitude to latitude around the world, is a result of temperatures and permafrost.
Who “owns” Greenland? Denmark. Greenland is a territory of Denmark but it has been locally governed since 1979.
What country has the world’s highest population density? Macao.
How’d you do?
Try these:
What is the significance of the Prime Meridian?
How many countries does Denmark border?
Where is “Tornado Alley”?
Where are glaciers located?
What is a fjord?
Answers from yesterday:
Which comes first, latitude or longitude? Latitude comes before longitude. Latitude is written with a number, followed by either North or South, depending on whether the location is north or south of the equator. Longitude is written with a number, too, followed by East or West, depending on whether the location is east or west of the Prime Meridian.
What is a subcontinent? A subcontinent is a landmass that has its own continental shelf and its own continental plate.
What is the world’s largest island? Greenland (Kalaallit Nunaat). [Australia is not considered an island; it is a continent.]
What is a tree line? A tree line is a point of elevation at which trees can no longer grow.
What nations polled highest and lowest respectively in the 2006 National Geographic-Roper Public Affairs Geographic Literacy Study? Sweeden polled highest; the US and Mexico tied for last place.
So, how did you do?
Try these:
What is the Prime Meridian?
Is there any current subcontinent on the globe?
What is permafrost?
Who “owns” Greenland?
What country has the world’s highest population density?
Answers tomorrow.
Geography IS a diversion in education, it seems, except as an “applied technology — GIS”.
Sarah Palin’s shaky grasp of geography stressed out the McCain campaign, the Chicago Tribune reported on November 6 of last year. A Fox News reporter, sworn to secrecy until after the election, said a campaign insider told him Palin was unaware that Africa was a continent rather than a single country, and she was unable to name the three members of NAFTA—Mexico, the US, and Canada.
While this is pretty scary, considering she was a VP nominee, it is consist with all of the polls of the Americans on the street who tend to reflect that we know nothing much about geography.
Not to be dis-in’ the GOP, but the Prime Minister of Mauritius was visiting Nixon, who confused Maritius with Mauritania, a country in West African which had not had diplomatic relations with the US for several years. The US has a space tracking station on Mauritius; Mauritius and the US get along well. So imagine the Prime Minister’s surprise when Nixon suggested that “…the time had come to restore diplomatic relations?”
Henry Kissinger, present at the event, and after discussing the space tracking station and its operation with the Prime Minister, hurriedly wrote a note on a yellow legal pad, passing it to Kissinger: “Why the hell do we have a space tracking system in a country with which we do not have diplomatic relations?”
If the president can’t get it right — for all his prep staff — how can we mortals be expected to know geography?
But lets take a try at it, shall we?
Which comes first, latitude or longitude?
What is a subcontinent?
What is the world’s largest island?
What is a tree line?
What nations polled highest and lowest respectively in the 2006 National Geographic-Roper Public Affairs Geographic Literacy Study?
Answers tomorrow.
Geographer and author Harm de Blij (Why Geography Matters: Three Challenges Facing America) was on campus at Mississippi State a week or so ago. I’ve had his book for about 4 years (in fact, he’s just published another one, The Power of Place) and I got it out and dusted it off to finish reading it.
I have always loved globes and maps (which is fairly interesting since I have absolutely no sense of direction at all). Yet, geography is not taught as it once was, either in elementary school, high school or colleges in America. And we are all the worse for it.
Particularly as our world shrinks, our industry outsources or extends overseas, our investments are traded internationally, and we are — in many ways that I don’t like to think about — at the mercy of other countries and their wares, wars and policies.
Why don’t we want to learn geography?
Why isn’t it important to us? It should be.
This week we are going to divert ourselves from the course we’ve been on for several weeks — obligations of a public servant — and take a short look at geography in the form of Q & A. Stay tuned tomorrow!
OK. So you may be scrupulous in not asking nor allowing a subordinate to do personal favors for you on office time. But do you use your own office time appropriately?
Public employees should refuse to perform improper personal tasks on government time.
What does that mean? It means that an employee shall use official time in an honest effort to perform official duties. A public employee’s time is public property which should not be misappropriated to personal use.
Thoughts:
Public employees should not use other public employees’ government time for private benefit. As a public employee, have you ever asked a subordinate to do something for you? Something personal? Picking up lunch? Your laundry? Your kids?
An employee should not encourage, direct, coerce or request a subordinate to use official time to perform activities other than those required in the performance of official duties. In fact, a public employee should not allow a subordinate to do so, no matter how voluntary the offer or how incredibly convenient the outcome.
