Big Stink! I’m rooting for the plaintiff!

Discussion in 'Et Cetera, Et Cetera' started by 1BiGG1, Nov 29, 2008.

  1. 1BiGG1

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    I have a serious issue with perfumes as well and anybody wearing them is not allowed in my offices, cars or homes. A very-little bit you can smell when very close is tolerable but I have run into my share of those who must bathe in the shit which gives me the same reaction this lady has …

    Judge says perfume lawsuit can proceed | The Detroit News | detnews.com


    DETROIT -- A city of Detroit planner can proceed with her lawsuit alleging a co-worker's perfume made it difficult for her to breathe and impossible to do her job, a federal judge has ruled.

    In an opinion released late Tuesday, U.S. District Judge Lawrence P. Zatkoff rejected the city's attempt to have Susan McBride's lawsuit, filed under the Americans with Disabilities Act, dismissed.

    McBride "has produced evidence that her breathing is significantly restricted" by a co-worker's perfume, and she has a potential claim, Zatkoff ruled.

    Both McBride's Detroit attorney and the chairwoman of the Chemical Sensitivity Foundation said Wednesday that Zatkoff's decision to allow the lawsuit to proceed is significant.

    "He recognizes that this is the type of claim that's viable," said attorney Ann Curry Thompson, who represents McBride. "These are types of claims that in many jurisdictions ... are sort of pooh-poohed and are not taken seriously."

    Grant Ha, the attorney representing the city in the lawsuit, did not return a phone call Wednesday. Ha said in a June court filing that "there is no medical diagnosis of the alleged condition," and McBride "is not disabled because she is not substantially impaired in a major life activity."

    But Zatkoff, who sits in Port Huron, found that McBride's difficulty breathing as a result of her co-worker's perfume does present a potential claim under the federal law designed to protect the disabled from discrimination in public places and the workplace. He dismissed McBride's claims that her chemical sensitivity also impairs her ability to shop for detergents, speak, interact with others, and reproduce.

    It's not clear that the city took reasonable steps to accommodate McBride's condition, the judge ruled.

    Alison Johnson, chairwoman of the Chemical Sensitivity Foundation in Topsham, Maine, said she welcomes Zatkoff's decision to let the lawsuit proceed.

    "These perfume sensitivities are very real, and I can't tell you how many lives they are ruining," Johnson said. "Maybe there's beginning to be recognition that these things are serious."

    McBride is seeking unspecified damages. Thompson said the major goal of the lawsuit is not monetary damages but "to educate people about the issue and seek voluntary compliance, where possible."

    The city is continuing to fight the lawsuit, which could be headed to trial next year.
     
  2. B_Nick4444

    B_Nick4444 New Member

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    I hate strong cologne and perfume scents as well as you do

    I disagree it should be subject to judicial proceedings

    I'd rather just take it outside and bust their teeth in
     
  3. B_dxjnorto

    B_dxjnorto New Member

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    Nothing better than clean body smell for me. Most cologne and perfume smells like some kind of insecticide to me - especially when they are strong. Occasionally I catch a whiff of something I like though it is always subtle.
     
  4. Principessa

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    Walking through the perfume/cosmetic section of major department stores has given me migraines in the past. I cannot handle strong aromas even if they cost $300 an ounce.
     
  5. B_pinoyurge

    B_pinoyurge New Member

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    same goes to me
     
  6. hardcockcafe

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    i dont like it when ppl put on alot of perfule/cologne, but i dont think its fair to take it to court. there are people allergic to those smells, and i don't see them complaining much.
     
  7. Sklar

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    I'm confused here. Can someone please answer the following questions for me?

    Exactly what is her disability?

    Has it been documented before?

    How did this effect her activities of daily living (ADL)? I'm going to presume that the ADLs are the following as they are used in Long Term Care: 1) Dressing 2) Eating 3) Bathing 4) Toileting 5) Continence & 6) Transferring. If someone knows of different ADL's, please post them.

    Did she talk to the co-worker first?

    Did she talk to her bosses about it?

    Here is what I found on line about the American with Disabilites Act and the link to it:

    Consumer News - Disabilities:FAQ's: Federal Government's Definition of Disability: Consumer & Government Guides: Help & Info @ consumer-guides.info

    QUESTION: How does the federal government define "disability"?

    ANSWER: The definition of "disability" varies depending on the purpose for which it is being used. Federal and state agencies generally use a definition that is specific to a particular program or service. For example:
    • For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an impairment.
    • To be found disabled for purposes of Social Security disability benefits, individuals must have a severe disability (or combination of disabilities) that has lasted, or is expected to last, at least 12 months or result in death, and which prevents working at a "substantial gainful activity" level.
    • State vocational rehabilitation (VR) offices will find a person with a disability to be eligible for VR services if he or she has a physical or mental impairment that constitutes or results in a "substantial impediment" to employment for the applicant.
    Some of these definitions include words or phrases that have been the subject of lawsuits, as individuals, agencies, and courts try to clarify the terms used in some of these definitions of disability. If you want to find out if a particular disability or condition gives you certain rights, contact the federal or state agency that enforces the law in question. If you want to find out if you qualify for a particular program or service, contact the federal or state agency that administers the program to find out the specifics of the disability definition they use.

    This whole thing reminds me of when miners used canaries. They would bring canaries into the mines and if the canaries started drooping or being less active, they knew that there was some gas in the mines. I do know that certain people have been termed "canaries" because of their sensativity to certain things.

    I'm just not sure if this warrents a law suit. What is the companies policy in regards to strong cologne or fragrances? Should the judicial branch of the government now be telling people what is or is not ok to wear out in public? To work?

    Thanks for listening,

    Sklar
     
  8. nudeyorker

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    I have long believed that if you wear any fragrance it should only be for your benefit or if someone has their arms wrapped around you and has their head buried around your neck. If I can smell you across the room or 10 minutes after you have gone, you have gone to far!
    YouTube - Catherine Deneuve - Chanel No. 5
    Fragrance like advertising should be subtle.
     
  9. Deno

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    Totally agree, I used to work with this women that put it on so bad that if you took a breathe anywhere near her you could taste it in your mouth. Now thats has to be considered intrusive. I get headaches because my nasal passages get all inflamed. And I start feeling sick to my stomach too. There has to be documented evidence to this because they don't allow flowers in patients rooms that have heart problem and other patients as well.
     
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