Reply to Charters: What covid precautions has your school announced for the upcoming year?

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Reply to "Charters: What covid precautions has your school announced for the upcoming year?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]At some point could there be a legal argument made that adding restrictions to unvaccinated versus vaccinated kids is discrimination?  At this point I feel we are really moving towards civil liberty issues.[/quote]

That’s not how discrimination works. [/quote]

Discrimination isn't illegal. Discrimination based on protected class is. When I charge a delivery fee for pizza and don't charge people who pick up their own pizza that same fee it is discrimination. And it is legal.[/quote]

Uh...but if your rule has a disparate impact by race...what then?  If the algorithm for IRS audits catches Black people more than white people (just due to filing characteristics correlated with income), is that discriminatory?[/quote]

You are confusing discrimination BASED on race of protected class with disparate impact. There's a huge body of law on how one does discrimination testing. Your IRS example is nonsense since there are not more black people than white in the US. There are more black people than white in DCPS. There are going to be more black people than white impacted. That's not the threshold.

I'd also note that the vaccination analysis doesn't start with kids being excluded from school. It starts with the vaccination requirement. Are vaccinations available to all classes equally? The downstream impact of exclusion from school is not what is determinative in this case, it is the vaccination status, and that driven by access to vaccines (free and everywhere). The question is whether the underlying policy is illegally discriminating. No one is saying only black people need to get vaccinated.

Here's a thought exercise: Let's say that black families in DC decided that driving while intoxicated was safer (or as safe) as driving while sober. And because of that the black community decided in large numbers to drive drunk and as a consequence of that cultural reality the number of black drivers arrested for DUI skyrocketed. The policy against DUI is a public policy one designed to make roads (and sidewalks) safer for everyone. By your logic if the black community decided that driving while drunk was fine and as a consequence there was disparate impact, we'd have to change laws and allow drunk driving. What we have in vaccinations is a community that is vaccine hesitant. There are historical reasons for it, but the underlying anti-vaccine rhetoric is crap. No different than MAGA world white trash anti-vaxxers.           [/quote]

Ok so the words I should have used were "the algorithm DISPROPORTIONATELY catches Black people".

Anyway, re: your DUI example:  https://newsone.com/4183104/data-suggests-police-prey-on-drivers-in-black-dc-neighborhoods-to-the-tune-of-467-million/

[b]There are suggestions that speed cameras in DC are discriminatory.[/b]  [/quote]

Your point is? There are suggestions that aliens are real and have taken over Joe Biden, too. (Does it surprise you that newsone thinks black people are getting screwed?).

Note that cameras still stand and no suit has overcome the burden of illegal discrimination. Cameras are an interesting case because where they are located could create a problem. For instance, if the were only placed in predominantly black neighborhoods that could be a problem. If they were on every street corner in DC that would be a much harder case to make. And so it is with vaccines. The vaccines requirement applies universally, free vaccines are available universally. Your example illustrates how silly it is to just scream "discrimination" or "disparate impact". This requires thinking and analysis, not just catch phrases and "every one says" or "lots of people say". [/quote]

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