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Diversity Not Always Respected

One puzzling aspect of America’s emphasis on diversity is that we still allow class action lawsuits. They assume we’re all exactly the same as each other.

Every so often, I get a class action lawsuit settlement notice in the mail. You know the drill: Someone has filed a lawsuit over, say, a washing machine that didn’t work well. Plaintiffs attorneys latch onto it and, the next thing you know, everyone who owns that make and model of washing machine is being informed he’s eligible to participate in the settlement.

Usually, you’re offered a pittance — perhaps a few dollars off your next purchase of that maker’s product or free repairs for a problem that didn’t affect your washer.

But you’re part of the class, so the manufacturer has to include you.

Class action lawsuits are popular because they allow lawyers to rake in truly pot-of-gold fees by including thousands or even millions of people in lawsuits. That raises the cash value.

Washing machines are one thing. People are another, as news from Wellsburg last week reminded me.

There, state officials are saying an apartment complex where 25 people stay cannot continue to rent to the same folks.

Residents of the complex are developmentally disabled — all of them. State officials say federal rules don’t allow that many developmentally disabled people to live in one place. They have to be scattered around the community.

Even if they like the arrangement available to them now.

The rules in question stem from lawsuits many years ago. Some were filed by individuals (a famous one was on behalf of West Virginian Macel Medley) and some were class-action cases.

Judges resolved them by ruling that government had to offer “community-based” arrangements for those for whose care the state was responsible. They couldn’t be institutionalized in any way, even if that meant a group of them living together in a private apartment complex, with the state paying the bills.

That was fine for many wards of the state. But some prefer living with folks who share the same challenges. And, all other things being equal, better services can be offered to people who live in a group. That may be the situation in Wellsburg.

But because the people there are in the same class, it’s assumed — without asking them — that the “community-based” approach is best for them.

We often claim to encourage diversity in this country.

Really?

Myer can be reached at: mmyer@theintelligencer.net.

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