Autistic Man Successfully Sues Gym Who Called Him Stupid
>> Click here for the story <<
I don't usually rely on Unilad for news, but this is an awesome story.
I bet Virgin Gyms are feeling stupid now!
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Yours sincerely, some dude.
ASPartOfMe
Veteran
Joined: 25 Aug 2013
Age: 66
Gender: Male
Posts: 34,414
Location: Long Island, New York
Existing thread about this topic
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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
No free speech laws in the UK?
In the US, we welcome free speech. Especially, when it offends people.
The endless anti Trump threads and the tactical moderation regarding them tells me otherwise.
This website can make any rule it wants, however, legally, the 1st amendment will supersede those rules.
So, contrary to the above article, this website has no legal recourse action available to it.
Users could say the most God-awful, offensive things, and the law provides no legal recourse (a few exceptions exist), and likewise the 1st amendment would be there if Trump decides to sue this website.
Apparently, that's different in the UK.
I support the claimant's actions, but not for purposes of advocacy. I'm getting to the point, in these discussions, where I am not principled, in respect to freedom of speech or social justice. I am not speaking on behalf of my religion, per se. I just don't like the oafish instructor or business, which employed him. I think it comes down to a personal conflict, and the rest is just details.
I have been singled out, in the real world, when being harmless or guileless. I have seen it happen to other people.
There was no prejudice, based on demographics or personal ability. There was no personality or logistical conflict.
I feel it was the use of free will -- a simple decision, to pick on someone.
I don't feel sorry for the bully, no matter how recourse was taken.
I am not calling it intellectually-honest, or within the spirit of the law. Maybe, he doesn't even have autism. But, I don't care.
No free speech laws in the UK?
In the US, we welcome free speech. Especially, when it offends people.
Just tell any staff about your disorder and if they call you dumb or stupid, etc. you can sue them but it took this guy two years to do it because he spent that time researching laws to see if he can sue and he was his own lawyer. He won a lawsuit due to discrimination and he had to prove it was discrimination and this was based on his disability.
In the US the same rules apply too when suing. You have to prove.
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Son: Diagnosed w/anxiety and ADHD. Also academic delayed.
Daughter: NT, no diagnoses.
Spending two years of your life to squeeze £1,400 out of a business that was rude to you doesn't seem like an intelligent use of one's time...
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“The totally convinced and the totally stupid have too much in common for the resemblance to be accidental.”
-- Robert Anton Wilson
No free speech laws in the UK?
In the US, we welcome free speech. Especially, when it offends people.
Even in the United States, engaging in slander or libel is actionable. And, when there is a contractual obligation (like a gym membership), it only makes the results seem hillarious. Sir Richard Branson doesn't like bad press or giving away his money.
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Diagnosed in 2015 with ASD Level 1 by the University of Utah Health Care Autism Spectrum Disorder Clinic using the ADOS-2 Module 4 assessment instrument [11/30] -- Screened in 2014 with ASD by using the University of Cambridge Autism Research Centre AQ (Adult) [43/50]; EQ-60 for adults [11/80]; FQ [43/135]; SQ (Adult) [130/150] self-reported screening inventories -- Assessed since 1978 with an estimated IQ [≈145] by several clinicians -- Contact on WrongPlanet.net by private message (PM)
Discrimination is an action.
What discriminatory act took place?
No free speech laws in the UK?
In the US, we welcome free speech. Especially, when it offends people.
Even in the United States, engaging in slander or libel is actionable. And, when there is a contractual obligation (like a gym membership), it only makes the results seem hillarious. Sir Richard Branson doesn't like bad press or giving away his money.
Calling someone "stupid" is opinion, not slander.
Opinion is free speech.
Now if he said "Your IQ is below 50", then it would be an factually incorrect statement, not mere opinion, and possibly slander.
Opinion is free speech.
Now if he said "Your IQ is below 50", then it would be an factually incorrect statement, not mere opinion, and possibly slander.
Yes, it is his opinion, but it was also intentionally malicious. According to Black's Law Dictionary, slander is "the speaking of false and malicious words concerning another, whereby injury results to his reputation" ( http://thelawdictionary.org/slander/ ). When the individual in question spoke words that were false, malicious and injurious, he committed slander. Slander is actionable in court.
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Diagnosed in 2015 with ASD Level 1 by the University of Utah Health Care Autism Spectrum Disorder Clinic using the ADOS-2 Module 4 assessment instrument [11/30] -- Screened in 2014 with ASD by using the University of Cambridge Autism Research Centre AQ (Adult) [43/50]; EQ-60 for adults [11/80]; FQ [43/135]; SQ (Adult) [130/150] self-reported screening inventories -- Assessed since 1978 with an estimated IQ [≈145] by several clinicians -- Contact on WrongPlanet.net by private message (PM)
Opinion is free speech.
Now if he said "Your IQ is below 50", then it would be an factually incorrect statement, not mere opinion, and possibly slander.
Yes, it is his opinion, but it was also intentionally malicious. According to Black's Law Dictionary, slander is "the speaking of false and malicious words concerning another, whereby injury results to his reputation" ( http://thelawdictionary.org/slander/ ). When the individual in question spoke words that were false, malicious and injurious, he committed slander. Slander is actionable in court.
opinion is not false though
the instructor actually believed this autistic guy was acting stupidly
Opinion is free speech.
Now if he said "Your IQ is below 50", then it would be an factually incorrect statement, not mere opinion, and possibly slander.
Yes, it is his opinion, but it was also intentionally malicious. According to Black's Law Dictionary, slander is "the speaking of false and malicious words concerning another, whereby injury results to his reputation" ( http://thelawdictionary.org/slander/ ). When the individual in question spoke words that were false, malicious and injurious, he committed slander. Slander is actionable in court.
opinion is not false though
the instructor actually believed this autistic guy was acting stupidly
The court decided otherwise.
_________________
Diagnosed in 2015 with ASD Level 1 by the University of Utah Health Care Autism Spectrum Disorder Clinic using the ADOS-2 Module 4 assessment instrument [11/30] -- Screened in 2014 with ASD by using the University of Cambridge Autism Research Centre AQ (Adult) [43/50]; EQ-60 for adults [11/80]; FQ [43/135]; SQ (Adult) [130/150] self-reported screening inventories -- Assessed since 1978 with an estimated IQ [≈145] by several clinicians -- Contact on WrongPlanet.net by private message (PM)
Opinion is free speech.
Now if he said "Your IQ is below 50", then it would be an factually incorrect statement, not mere opinion, and possibly slander.
Yes, it is his opinion, but it was also intentionally malicious. According to Black's Law Dictionary, slander is "the speaking of false and malicious words concerning another, whereby injury results to his reputation" ( http://thelawdictionary.org/slander/ ). When the individual in question spoke words that were false, malicious and injurious, he committed slander. Slander is actionable in court.
opinion is not false though
the instructor actually believed this autistic guy was acting stupidly
The court decided otherwise.
No it didn't.
The court ruled that calling an ASD person "stupid" is discrimination.
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