"Kim W5TIT" wrote:

Absolutely. To come to the conclusion that deaf
people cannot learn and use CW is rather narrow-
minded in my opnion. I bet there's a way that
ANYONE could learn CW.

I believe the waiver has been removed from the
licensing structure for amateur radio, hasn't
it? As well it should be. And, here's why:
there are deaf people who have passed a CW test
and use CW. As soon as that happened, it set a
standard that deaf people can, indeed, learn
CW--*if* they so desire.

Remember that a handicap should never be
considered as an excuse.


Hey, one of your messages I can actually read, Kim.

Anyway, I think the point he is trying to make is that the ADA requires
reasonable accommodation of a person's handicap, not efforts to pass that
burden on to the handicapped person. Where possible, the handicapped person
should not be required to make an unusual effort to fit into this society.

When it comes to code, how that applies is not clear. Clearly, telling the
handicapped person (disabled person) to learn code by feeling a speaker cone
is an unusual effort. However, the ADA also doesn't require others to modify
activities to the point that the activity no longer makes sense, or to where
the handicapped person actually has an advantage over others.

[Note: the above is only my interpretation of how the ADA reads]

The FCC seems to have taken the latter position on this issue. Not
requiring code for the handicapped person would give an unfair advantage
over others. That interpretation allowed them to drop the waivers for those
with disabilities.

Of course, whether that is a correct position is probably up to the courts
to decide. Most court rulings have tended to side with the disabled, and I
suspect they would in this situation also.

However, with the possible end to code testing soon, perhaps the entire
issue is moot.


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/