Free-Market Economics and Litigation
From the free-market standpoint, anyone selling goods or services should be primarily concerned with removing barriers to the growth of their business. Should a company determine that serving a segment of the population entails more investment than profit, it is only reasonable to conclude that the company’s focus would be better served elsewhere. Indeed, a private company may decide not to offer additional services for any reason; the marketplace will provide the eventual response as to whether this decision is in the company’s best interests.
A moral and ethical imperative seems to rest with those requiring some form of accommodation — simply put, the nice thing to do, the right thing to do, is to do what you can to give people with and without disabilities the same opportunities. Our society’s progress can certainly be viewed as having less to do with technological innovation than it does with increasing the quality of life for the largest number of people. Equality, one of the purported cornerstones of modern civilization and Western Democracy especially, is only served by providing all members of society with the same level of opportunity.
However, there are also genuinely important cases that define legal status and provide precedent for public policy decisions in the future. Progressives, reformers, activists, advocates…any number of persons interested in public policy changes may find the civil suit to be a more effective and high-profile method of change. While this alone may cause objections from some segments of society, it is important to distinguish the ‘frivolous’ lawsuits from the justifiable pursuit of positive social and legal progress.
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