UPenn and Lia Thomas Create A Disability
THIS is the way out of this mess.
ABSENT INTENT OR AUTHORITY AS LEGAL ADVICE.
The University of Pennsylvania prohibits unlawful discrimination based on race, color, sex, sexual orientation, gender identity, religion, creed, national or ethnic origin, citizenship status, age, disability, veteran status, or any other legally protected class.
I call bullshit.
First, if they use federal law to protect their actions of allowing Lia (biological male) Thomas, they are doing so in derogation to the Americans with Disabilities Act.
Understand that the word “unlawful” is a big loophole for Upenn, in that it may not be subject to the ADA. I have an email in to them, but based on my experience, the word unlawful is a cleverly placed landmine.
UPenn, at this (Linked) webpage, also says: “The University of Pennsylvania does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, creed, national or ethnic origin, citizenship status, age, disability, veteran status or any other legally protected class status in the administration of its admissions, financial aid, educational or athletic programs, or other University-administered programs or in its employment practices.” (Click on the middle tab, “University of Pennsylvania Nondiscrimination Statement”)
While UPenn is a private school, it claims to not discriminate. Well, Lia (biological male) Thomas swimming with biological females creates several problems that discriminate.
First, Transvestism/Transexualism is NOT covered as a disability under the ADA.
transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
42 U.S. Code § 12208 - Transvestites
For the purposes of this chapter, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.
Which brings us to the actual females on the team. They have an expectation, based upon Upenn’s statement that The University of Pennsylvania does not discriminate on the basis of disability, that they should be able equally access the programs at UPenn without discrimination on the basis of disability.
But Lia (biological male) Thomas being on the FEMALE swim team creates a disability for the actual females on the team.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities.
Title III of the ADA (for public accommodations) gives a non-exclusive list of major life activities:
Major life activities include, but are not limited to:
“(i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working;”
The sections in bold are surely in play, but I’d bet that the other girls may have substantial limitations in their major life activities of learning, thinking, concentrating, and even perhaps sleeping and eating.
UPenn, by allowing Lia (biological male) Thomas to swim with biological females, is creating several disabilities for the actual biological females.
Additionally, UPenn is also regarding the biological females as disabled, because while biological females are NOT excluded from the ADA, transvestites and transsexuals are. UPenn is regarding the biological females’ major life activities as insignificant and unprotected.
ASSERT DISABILITY DISCRIMINATION!
P.D., JAY V SHORE, as Certified ADA Advocate.
adarights (at) protonmail (dot) com
