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Culture War Roundup for the week of May 8, 2023

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If you have been even peripherally involved in higher education in the United States, then you've heard of Title IX. But if you haven't, here's the U.S. government's blurb:

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX is most famous for requiring equal athletic opportunities for men and women, without regard for whether this makes (among other things) any financial sense at all. But Title IX also imposes a variety of reporting requirements on college and university faculty and staff, such that essentially every campus has a Title IX Coordinator (or similar), and many campuses maintain entire offices of Title IX administrative staff. Do they do real, important work? I would argue virtually never--these are bullshit jobs par excellence--with one enormous caveat: they serve as a lightning rod for both civil liability and federal intervention.

(Well isn't that real and important, then? Yes, yes, it's a fair point. But I still think jobs that exist solely to push unnecessary government paperwork are inescapably bullshit jobs. Hiring government actors--executive and judicial--to punish universities for failing to meet politically-imposed quotas on social engineering goals, so that universities must hire administrators to give themselves cover, is the very picture of government stimulating the economy by paying one group of people to dig holes, and another group to follow behind them, filling the holes back up again. But this is not the point of my post.)

The Department of Education's Office of Civil Rights fields several thousand sex discrimination complaints every year. Less than 10,000, but close--the DoE's OCR fielded a record 9,498 complaints last year. But that's not the headline.

Here's the headline:

1 Person Lodged 7,339 Sex Discrimination Complaints With Ed Dept. Last Year

You probably read that right.* More than 77% of all sex discrimination complaints filed with the OCR are filed by a single person, at a rate of about 20 complaints per day--and this same individual was responsible for a similar number and percentage of complaints in 2016, and possibly other years as well. Of this person, the office says:

“This individual has been filing complaints for a very long time with OCR and they are sometimes founded ... It doesn’t have to be about their own experience [but] ... There’s not a lot I can tell you about the person.”

* I reserve the right to rapidly backtrack my commentary if it turns out that this "single person" being reported in their system is named "Anonymous" or "No Name Given" or something equally stupid. I am proceeding on the assumption that Catherine Lhamon is neither that stupid, nor being deliberately misleading, and that she did in fact say the things she is quoted here as saying. But I'm including this caveat because I still find it hard to believe that what is being reported is even possible. Part of me still thinks there must be some mistake.

On one hand, like... I'm kind of impressed? There's someone who has decided to make their mark on the world, clearly. That's some tenacity. On the other hand, what the fuck? Surely in any sane world someone would tell this person, "you are abusing the process, and we are going to change the rules to rate-limit your nonsense."

That is... well, not the plan, apparently:

The surge in complaints comes at a time when the agency faces significant challenges: It shrank from nearly 1,100 full-time equivalent staff in FY 1981 to 546 last year and is dealing with a host of issues that reflect the strain placed on schools and students by the pandemic.

Biden, in his March budget address, sought a 27% increase in funding — to $178 million — for the civil rights office to meet its goals. Lhamon, whose 2021 confirmation Senate Republicans tried to block, said she’s grateful for the president’s support and hopes Congress approves the increase.

In FY 1981 the office was still dealing with the fallout of the American government forcibly engineering feminist aims into higher education. At a current budget of $140 million (an average of $250,000 per employee), with very nearly half of its complaints (across all topics, not just sex discrimination) coming from a single individual, what is that additional $38 million supposed to accomplish?

It seems like no matter how dim my view of the federal government gets, there's always some new piece of information out there waiting to assure me that I've yet to grasp the depth of the graft, ineptitude, and corruption of Washington, D.C. I am skeptical that Title IX has accomplished anything of value that would not have been independently accomplished by market forces and social trends. But even if that's wrong, and the early days of Title IX were an important government intervention, I cannot imagine how this particular situation could possibly exist within a sane regulatory framework.

In addition to the possibility of "Anonymous" or "No Name Given", or ToaKraka's random nutjob, a plausible explanation is that this is someone who's financially charged with producing these complaints. In Accessibility law, this is the realm of ADA testers and their lawyers: a very small group of people who promise that they're at least theoretically interested in going to a far larger space of public or semi-public accommodations and making sure that anyone with similar disabilities can access them (and not coincidentally make a lot of money), who individually have hundreds or low thousands of complaints or even lawsuits. The spread isn't quite as wide... but then again, the return is less direct, too. But you don't have to get money directly from a court case to make a career out of it.

I don't know that this is true. But I can look at the complaints from here and find a name that could hit the 20-complaints-a-day scenario without having to spend all day working on complaints, because he or she has people for that.

This isn't inherently wrong: the most abusive ADA testers tend to bubble up to the top simply because it's easier to find bullshit, but the fundamental of having actual harmed people asking for fixes rather than an army of ill-planned regulators isn't a bad one, even recognizing that most 'actual harmed people' won't have the energy or time to go through the full procedure. (Though I've got my complaints about the extent of both the ADA and modern Title IX/Title VI law).

And it may not be the case here.

In Accessibility law, this is the realm of ADA testers and their lawyers: a very small group of people who promise that they're at least theoretically interested in going to a far larger space of public or semi-public accommodations and making sure that anyone with similar disabilities can access them (and not coincidentally make a lot of money), who individually have hundreds or low thousands of complaints or even lawsuits.

There is a SCOTUS case coming on this. Last month the Supreme Court elected to take up an appeal from a 1st Circuit case questioning whether a self-appointed ADA "tester" has standing to sue for damages in federal court if they never intend to actually visit the place they're "testing":

The plaintiff, Deborah Laufer, has brought 600 lawsuits against hotels around the United States. Under the Americans with Disabilities Act, hotels are required to make information about their accessibility to people with disabilities available on reservation portals. In this case, Laufer – who has physical disabilities and vision impairments – went to federal court in Maine, where she alleged that a website for an inn that Acheson Hotels operates in that state did not contain enough information about the inn’s accommodations for people with disabilities.

The district court threw out her lawsuit. It agreed with Acheson Hotels that Laufer did not have standing because she had no plans to visit the hotel and therefore was not injured by the lack of information on the website. But the U.S. Court of Appeals for the 1st Circuit reinstated Laufer’s lawsuit.

That prompted Acheson Hotels to come to the Supreme Court, asking the justices to weigh in. The company pointed to a division among the courts of appeals on whether cases like Laufer’s can move forward; indeed, Acheson Hotels noted, courts have reached different conclusions about whether Laufer can bring these kinds of cases. And the issue has “immense practical importance,” the company stressed, describing a “cottage industry” “in which uninjured plaintiffs lob ADA lawsuits of questionable merit, while using the threat of attorney’s fees to extract settlement payments.”

Laufer agreed that review was warranted, although she urged the justices to uphold the lower court’s ruling. The justices will likely hear argument in the case in the fall, with a decision to follow sometime in 2024.

The plaintiff, Deborah Laufer, has brought 600 lawsuits against hotels around the United States. Under the Americans with Disabilities Act, hotels are required to make information about their accessibility to people with disabilities available on reservation portals.

What an absolutely loathsome person. Anyone with a shred of common decency would just call and ask whatever question they had about the hotel if it was a genuine question, but nope, the goal here is entirely to antagonize anyone that doesn't comply with Byzantine rules on their websites. Laufer acts more like a misaligned AI than a person that honestly wants to make the world a better place.

Even the blind and wheelchair bound need to make a living. Even if it’s parasitic and something a sane society wouldn’t consider a job.