Gay Man Wins Lawsuit over Disabled Licence

[Cryozombie]

This pisses me off. And I'll tell you why once you read it.

ROME (AP) - The Italian government was ordered to pay 100,000 ($160,000) to a gay man who received a driver's license for the disabled after he volunteered information on his sexual orientation to military authorities, the man and a gay-rights group said Monday.

Danilo Giuffrida, 27, said he told officials about his homosexuality when he took a physical after being called up in 2000 for Italy's mandatory year of military service, which has since been abolished.

Giuffrida told The Associated Press in a telephone interview from his home city of Catania, Sicily, that he had hoped to avoid service and keep working to help support his family. He was disqualified from military service for psychological reasons.

"It's the old assumption that, if one is homosexual, then he is also psychologically disturbed."

Ok, so the guy uses the "Gay Status" to be seen as "Psychologically Disturbed" to get out of military service...

Giuffrida's lawyer, Giuseppe Lipera, said a military official sent his client's paperwork to motor-vehicle officials in Catania, who changed his standard driver's license to one for the disabled.

Giuffrida said the disabled license must be renewed every year instead of every 10 years, as is the case for standard licenses. "Some overzealous officer took upon himself the task of sending the paperwork to the motor vehicle office", Lipera said. "Evidently, they thought that his sexual preferences were a mental disorder."

Then when it backfires and he is PENALIZED for being seen as "Psychologically Disturbed" he sues and wins 160k U.S.$

Cake? Eat it Too? C'mon. Thats NOT what I refer to as Equal rights... it's what I always refer to as "Equal but Special"

 

[terryl965]

The legal system what else can be said.

 

[Andrew Green]

I think the real question is, "Does he still get to use the handicap parking spots?"

Clerical error: Fix error, compensate person for lost time and expenses incurred due to the error. That seems reasonable. Pay off their mortgage does not.

 

[CoryKS]

The question I have is, "Is the man really gay?" If he is, then he answered truthfully even if his intent was to get out of serving. They made the rule, not him. If he is not gay, then he should be receiving whatever punishment they have in place for lying to avoid the draft.

 

[Cryozombie]

The question I have is, "Is the man really gay?" If he is, then he answered truthfully even if his intent was to get out of serving. They made the rule, not him.

I understand this... but the point is... IF their ruling is that "Gay is a Mental Disability" and hes ok with that to get out of service, then their ruling "Gay is a Mental Disability" he should have to be ok with it as a requirement to re-test for his drivers licence every year, shouldnt he? I mean, if he's really gay "then he answered truthfully even if his intent was to get out of serving. They made the rule, not him" right?

And if he ISN'T ok with Gay is a mental disability then he should, by all means, fight it, which SHOULD have taken place when HE used that ruling to get out of service, right? Or perhaps now that he has challenged the ruling and won, and its NOT a Mental Handicap, he should owe them a year no?

 

[arnisador]

The question I have is, "Is the man really gay?" If he is, then he answered truthfully even if his intent was to get out of serving. They made the rule, not him.

This is exactly what I thought. If he was telling the truth, his intent doesn't matter--being "intentionally honest" is no crime. He went to the induction center, told them the honest truth, and they applied their rules. Are people suggesting he should have lied?

As for fighting (the Italian) government...that's easy to say, but a decade-long, expensive process to do. That's unreasonable to ask of him.

 

[CoryKS]

I understand this... but the point is... IF their ruling is that "Gay is a Mental Disability" and hes ok with that to get out of service, then their ruling "Gay is a Mental Disability" he should have to be ok with it as a requirement to re-test for his drivers licence every year, shouldnt he? I mean, if he's really gay "then he answered truthfully even if his intent was to get out of serving. They made the rule, not him" right?

And if he ISN'T ok with Gay is a mental disability then he should, by all means, fight it, which SHOULD have taken place when HE used that ruling to get out of service, right? Or perhaps now that he has challenged the ruling and won, and its NOT a Mental Handicap, he should owe them a year no?

Yes, but that would require him to fight a ruling that favors him. It's logical but not practical. The reality is that people will be less likely to report a bank error when it benefits them than they would if it takes money out of their pocket. That's human nature.

 

[arnisador]

That's a bad analogy. This isn't an accident--someone wrote this bill and got it passed by a majority of the Italian legislature (or perhaps it's a regulation of their defense ministry). I don't doubt that a majority of people considered right when it ws put in place, and might even do so now.

 

[celtic_crippler]

The question I have is, "Is the man really gay?" If he is, then he answered truthfully even if his intent was to get out of serving. They made the rule, not him. If he is not gay, then he should be receiving whatever punishment they have in place for lying to avoid the draft.

Didn't you see "Chuck & Larry"? LOL

The legal system what else can be said.

It's somewhat refreshing to see that it's not just the US Justice system thats messed up. lol

In the US the UCMJ is different from civillian law. It could be the same in Italy, but I really don't know. That may be how he got away with it.

I personally feel that the money is more than enough to take care of his family so he should now have to spend a year in the millitary. Maybe it would help him develop some character; of which he seems lacking.