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In one of the most innovative legal arguments presented to defend the transgressions of a public official, a police chief fired for crashing while driving drunk claims to be the victim of disability discrimination based on his alcoholism.
The case involves the one-time police chief (Charles Budde) of the Kane County Forest Preserve District in Illinois. After boozing it up at a bar, the districts top cop tried to drive home intoxicated. With a blood-alcohol level nearly three times the legal limit in Illinois, he rear ended another car seriously injuring its occupants.
With a preexisting pattern of judgment errors, Budde was promptly placed on administrative leave by district officials and subsequently fired. He responded with a lawsuit that claims his discharge was discriminatory based on his disabilityalcoholism. In his complaint he asserts that the district failed to accommodate his disability and fired him in retaliation for requesting a reasonable accommodation.
A federal judge dismissed the suit, ruling that Budde had been fired because he clearly violated established work rules, even assuming his alcoholism was a disability. The disgraced chief appealed and this week the U.S. Court of Appeals for the Seventh Circuit essentially upheld the lower courts ruling.
In one of the most innovative legal arguments presented to defend the transgressions of a public official, a police chief fired for crashing while driving drunk claims to be the victim of disability discrimination based on his alcoholism.
The case involves the one-time police chief (Charles Budde) of the Kane County Forest Preserve District in Illinois. After boozing it up at a bar, the districts top cop tried to drive home intoxicated. With a blood-alcohol level nearly three times the legal limit in Illinois, he rear ended another car seriously injuring its occupants.
With a preexisting pattern of judgment errors, Budde was promptly placed on administrative leave by district officials and subsequently fired. He responded with a lawsuit that claims his discharge was discriminatory based on his disabilityalcoholism. In his complaint he asserts that the district failed to accommodate his disability and fired him in retaliation for requesting a reasonable accommodation.
A federal judge dismissed the suit, ruling that Budde had been fired because he clearly violated established work rules, even assuming his alcoholism was a disability. The disgraced chief appealed and this week the U.S. Court of Appeals for the Seventh Circuit essentially upheld the lower courts ruling.
Fired Drunk Police Chief Claims Alcoholism Disability | Judicial Watch
While I applaud the court of appeals decision, I don't think we've seen the last of the these cases yet. Bogus disability lawsuits may be the next "Twinkie defense" for the ambulance chasers.
Disability claims are at an all time "high" in America.
My neighbor is on social security disability and draws over 2 K a month. She proudly displays her disability sticker on her truck as she trailers her horses to events state wide.
The woman rides horses and competes, does yard work and lives the life of leisure.
Just like 60% of all of those on disability.
Addiction is the only disease that isn't a disease for those afflicted with no hands.
If you can walk and talk with a clear mind then your ass is not disabled.
Chronic alcoholism can be a disability. I've seen people who were given disability because they will literally die if they don't drink throughout the day (alcohol is the only drug that can result in death from withdrawal).
It is the worst of all the drugs.
