Did the City Wrongfully Terminate Its Drunken Snow Plow Driver?

Jonathan Blazek is upset with the City of Lakewood, Ohio.  The peaceful suburb west of Cleveland fired Mr. Blazek after it found him legally drunk during his shift plowing snow.  His blood alcohol level registered .132, double the legal limit and six times above the level permitted by the City for its safety-sensitive employees. 

Mr. Blazek contends that the City fired him for his alcoholism in violation of the Americans with Disabilities Act.  The City contends it fired Mr. Blazek because he was drunk on the job, an action that is not protected by the ADA. 

Mr. Blazek wants back pay and reinstatement. After all, who would want to hire a person who got caught driving a snowplow drunk.  He was making $59,000 annually.  And of course, he is seeking attorneys' fees for the schmuck who took his case.

Have you seen a snowplow?  The guy could have done some real damage or injury!  He is lucky he still has a driver's license. 

I'm just glad it doesn't snow in Fresno.