Most bizarre smear campaign

[asterroc]

In Modesto CA, an election smear campaign has just turned discriminatory. One Republican candidate is claiming the other is unfit because he had a heart transplant.

The Modesto Bee article.

The flyer


Found by unofischal, feel free to repost.

Comments

[tikva.livejournal.com]

Mmmmaybe. It's not diagnosis-specific. It's based on functional limitation. So if they're substantially limited in one or more major life activities, sure. HOWEVER, this isn't an ADA case, because the person being discriminatory is an individual, not an entity. (Were it an actual employer, it would be, because they're ASSIGNING limitation to the guy that he may not have).

Libel? Maybe, although it might be sticky. Certainly there's evidence of malice.

Discriminatory/possible hate speech? Sure.