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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction
DC (municipal)
Effective Date
2005-10-13

Other Sections in This Document (533)

Full Text

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I cannot and do not claim any psychiatric expertise, but common sense surely tells us that if we do not expect, require, or encourage any effort from a person suffering from a handicap, then no effort is likely to be forthcoming. For example, an addict is unlikely to seek treatment and to try to stop drinking or using if her addiction provides her with privileges which are denied to a sober person. Cf. Dupree v. United States, 583 A.2d 1000, 1005 (D.C.1990) (concurring opinion) (a rule denying the "addict exception" to mandatory minimum sentencing to a defendant who tests "clean" while on pretrial release would "provide an insidious but compelling motive to any addict to give in to the perverse compulsion to use the drug and not to try to fight it"); id at 1004 (majority does not disagree with concurring opinion). Surely the Fair Housing Act was not meant to provide allegedly handicapped persons with an incentive not to help themselves.