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Old 01-28-2005 | 08:52 PM
  #78  
J_R
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From: Corona, CA,
Default RE: AMA and Disabilities

Who wants to play Solomon?

First, I have a question. Strictly out of curiosity: what happened to the plane being flown at the time of the incident?

As I understand the series of events, it goes something like this. Please correct me if I am wrong. The gentleman had a deliberator implanted. Some club members must have known, but, no one was concerned… including the BOD. The gentleman flew, or attempted to fly. It is not clear whether this was his first attempt or one of many since the implant. Then, the incident takes place. Emergency medical assistance is summoned to the site, and official documentation now exists.

Now, the BOD becomes concerned. Discussions are held. The BOD begins to be concerned about their personal liability should they do nothing and another incident takes place where someone, or something, is harmed. Talks continue. Someone on the BOD decides to contact the AMA (presumably Carl). Carl is looking to protect the AMA from liability should something happen in the future. He is not about to so-sign letting this gentleman fly solo, in the event there is another incident. No body is going to be able to say Carl and the AMA said it was OK to let this gentleman fly, should a future suit be filed.

The BOD is, we are told, to have someone stand with him during flights. At some point, and it is not clear just when, the Intro Pilot program is injected into the situation. (Forget for a minute that this program is not applicable to this situation). This implies more than someone standing near; it requires using a buddy box. This appears to have been more than a quick conversation. Possibly several conversations, or letters sent back and forth?

Now a letter is requested from the Doctor. The Dr. writes a letter, but leaves himself an out. He does not say unequivocally that there will be no further incidents. He covers his own self interest, with respect to future liability. No body is going to be able to say he said it was OK to let this gentleman fly. The letter is presented to the BOD, who then passes it on the Carl. Carl sees that it is not a clean bill of health, and refuses to reverse his position. The BOD is now in a position where, they too, can not back down.

Bottom line: Everyone involved is covering their collective butts.

The next item is on page 4 in the charter/recharter application:

“I attest that my club has an open membership regardless of race, color, creed, national origin, gender, age, or disability.” It is not OK to discriminate if you are an AMA chartered club, as some implied in this thread. It might be a good way to have a charter revoked. This is part of a signed contract where money and the application change hands for an AMA charter and insurance.

I won’t pretend to know what a jury might decide is discrimination. Having said that, was discrimination what Carl told the BOD to do? Did he tell them to do something in violation of their charter? Was what the BOD did discrimination?

IIRC, there is another thread where a club member brought a potential safety issue involving the layout of a field to Carl’s attention, in writing, and Carl wrote to quit flying there. Is there a lesson to be learned here?

Under the club by-laws, which we are not familiar with, did the BOD have some possible way to justify it’s action? How many clubs have a mechanism to remove someone for medical reasons from the club, much less from the flightline? Don’t most clubs require some kind of cause to expel a member?

Who among the members of this forum want to be in the position this club BOD is currently in and how did they get there?

Me? I like mongo’s plan, at least for this club.