Cary by and Through Cary v. Oneok, Inc.

¶ 1 Desiring, no doubt, to avoid a result perceived to be harsh, the court today (1) invents a new doctrine that a litigant may never be excluded from the courtroom — solely on the grounds of disfigurement — during any phase of the civil trial, (2) subtly and gratuitously injects the Americans with Disabilities Act [ADA]1 into its analysis and (3) cavalierly remands this cause for a retrial that would allow the plaintiffs disfigured minor to be exhibited before the jury, even though its new standard against exclusion was unknown to the law when the case was tried originally.

¶ 2 Were I writing…