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+QI- Ableism 1AC |
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+Framing |
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+ |
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+Structural violence necessitates the exclusion of certain groups—this renders ethical theories meaningless |
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+Winter and Leighton 99 |
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+ Winter and Leighton ‘99 Deborah DuNann Winter (Professor of Psychology Department of Psychology Whitman College) and Dana sC. Leighton (Ph.D. I teach and do research in social psychology and peace psychology.). Winter "Peace, conflict, and violence: Peace psychology in the 21st century." |
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+Finally, to recognize the operation |
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+AND |
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+building lasting peace. |
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+ |
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+Ableism operates as foundational tactic of oppression that must be resisted |
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+Siebers 09 |
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+University of Michigan, Professor of Literary and Cultural Criticism ¶ (Tobin, “The Aesthetics of Human Disqualification”, Oct 28, Lecture, http://www.google.com/url?sa=tandrct=jandq=andesrc=sandsource=webandcd=1andved=0CCoQFjAAandurl=http3A2F2Fdisabilities.temple.edu2Fmedia2Fds2Flecture20091028siebersAesthetics_FULL.docandei=LWz4T6jyN8bHqAHLkY2LCQandusg=AFQjCNGdkDuSJkRXMHgbXqvuyyeDpldVcQandsig2=UCGDC4tHbeh2j7-Yce9lsA, accessed 7/7/12, sl) |
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+Oppression is the systematic victimization of one group by another. It is a form |
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+AND |
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+represents at this moment in time the final frontier of justifiable human inferiority. |
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+ |
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+Thus, the Role of the ballot is to endorse the strategy for resisting ableist oppression |
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+ |
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+Social constructions of disability are the root cause of other forms of oppression since the drive for normalization and the desire for aesthetic coherence forms the basis of our politics—thus, the Role of the judge is to facilitate disability scholarship. |
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+ |
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+Siebers 10 |
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+ Tobin, Professor of English at the University of Michigan, Disability Aesthetics, pg. 58-63 |
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+These two episodes may seem worlds apart, their resemblance superficial. The first turns |
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+AND |
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+kids that do weird things. (Cited by Fine and Asch 48) |
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+ |
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+Offense |
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+ |
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+Plan Text: The United States federal government should overturn San Francisco v Sheehan and rule that police officers found to have violated the Americans with Disabilities act (or ADA) should be denied qualified immunity. |
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+Contention 1- Accountability |
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+The court’s decision in San Fransico v. Sheehan ruled that officer’s actions need not comply with the ADA to be granted qualified immunity |
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+ |
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+SCOTUS 15 |
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+ SUPREME COURT OF THE UNITED STATES. Syllabus CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, ET AL. v. SHEEHAN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No. 13–1412. Argued March 23, 2015—Decided May 18, 2015 201. RW |
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+Respondent Sheehan lived in a group home for individuals with mental illness. After Sheehan |
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+AND |
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+ill person who has been acting irrationally and has threatened anyone who enters. |
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+ |
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+That makes legal recourse for disabled people impossible, weakens ADA protections and justifies police atrocities—training doesn’t solve |
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+ |
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+Çevik 15 |
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+ Mrs. Kerima Çevik is curently a blogger for disabilty rights, autistic inclusion, accommodation, communication rights, and representation. A parent activist, editor and contributing writer who consults on Autism and Ethnicity, she blogs on topics of critical race, intersectionality, autism and social justice. An independent researcher, she focuses on shining a light on disparities in qualify of life for marginalized intersected disabled populations and their families through grassroots community building activities and pay it forward activism models. She is a married mother of two children, and world traveler currently homeschooling her adventurous son Mustafa, who is intensely Autistic and nonspeaking.. Standing at the intersectino of adolescence, race, and disability. The Autism Wars. June 9, 2015. http://theautismwars.blogspot.com/2015/06/standing-at-intersection-of-adolescence.html. RW |
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+When I realized that roughly 70 of people with disabilities encountered law enforcement more |
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+AND |
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+no one will ever answer for the innocent lives taken that day either. |
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+ |
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+Qualified immunity as a defense legitimizes ableist stigmas and enables police killings—that’s a state-sanctioned form of structural violence that normalize genocidal practices—accountability is at the heart of this problem |
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+ |
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+Mack 16 |
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+ Tracy Mack. January 6, 2016. International Socialists. Legitmizing police violence: Sanism, ableism, and racism. http://www.socialist.ca/node/2978. RW |
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+Even when damning evidence exists against Toronto police officers, they have not been held |
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+AND |
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+legitimized practice of the state and of the social order that authorizes it. |
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+ |
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+Plan solves—Overturning San Fransisco v. Sheehan is key to stop ableist police violence by holding police accountable for their actions—it also enables more effective policing |
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+ |
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+Perry 15 |
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+ David M. Perry. Aljazeera America. A chance to reduce police killings of the disabled. March 23, 2015. http://america.aljazeera.com/opinions/2015/3/a-chance-to-reduce-police-killings-of-the-disabled.html. RW |
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+Twenty-five years after the passage of the Americans with Disabilities Act (ADA |
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+AND |
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+officers did not reasonably accommodate her disability. Furthermore, her attorneys argue that |
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+ |
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+Threat of litigation specifically in ADA cases incentivizes better policing and catalyzes reform necessary for inclusion |
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+ |
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+Auner 16 |
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+ Thomas J. Auner. “For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016). RW |
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+When courts deem the ADA applicable to specific situations, public and private entities typically |
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+AND |
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+but more importantly, will tangibly improve the safety of the mentally ill. |
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+ |
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+ADA lawsuits are a crucial check on state power—reforming qualified immunity is a good first step to transform the criminal justice landscape to better suit the needs of disabled people |
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+ |
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+Perry 2 |
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+ David M. Perry. Aljazeera America. A chance to reduce police killings of the disabled. March 23, 2015. http://america.aljazeera.com/opinions/2015/3/a-chance-to-reduce-police-killings-of-the-disabled.html. RW |
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+tthe violation of the ADA should exempts the officers from qualified immunity, |
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+AND |
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+need legal reform to convince law enforcement of that on a national level. |
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+ |
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+Qualified immunity blocks larger social movements by fragmenting systemic problems into individual cases—the aff is key |
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+ |
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+Hassel 99 |
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+ Hassel, Diana. "Living a Lie: The cost of Qualified Immunity" Winter 1999. Volume 64. Missouri law Review. Available at: http://scholarship.law.missouri.edu/mlr/vol64/iss1/9 NB |
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+The problem with qualified immunity is not so much that the outcomes are sometimes unfair |
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+AND |
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+us peace, but it keeps from us the tools required for reform. |
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+ |
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+Contention 2- Competence |
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+ |
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+Qualified immunity cases are decided based on a standard of “reasonable competence”—letting good officers off the hook and punishing the incompetent ones |
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+ |
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+Blum 13 |
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+ Karen M. Blum. Suffolk University Law School. February 1, 2013. Qualified immunity: Update on absolute immunity. http://www.njd.uscourts.gov/sites/njd/files/Section1983QualifiedImmunity.pdf. RW |
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+Messerschmidt v. Millender, 132 S. Ct. 1235, 1244-51 |
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+AND |
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+not entitled to the shield of immunity, even after Van de Kamp.”). |
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+ |
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+The law enforcement and justice system’s perpetuation of competent/incompetent binaries institutionalize ableist violence and marginalization—rejecting them is a key form of resistance |
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+ |
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+Brown 13 |
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+ Lydia X.Z. Brown. Organizer, Editor, Writer, Speaker. Interrogation of competency in the mentally disabled subject. May 25, 2013. http://www.autistichoya.com/2013/05/interrogating-competency-in-mentally.html. RW |
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+Those of us who live with psychiatric, developmental, and neurological disabilities know intimately |
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+AND |
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+those are only the natural consequences of such and systemic ableism. |