[blindlaw] nfb v. lsac complaint
James Pepper
b75205 at gmail.com
Tue Mar 10 17:42:38 UTC 2009
Well Bill the content is copyrighted by LSAC so I am not sure I can send
this to you. Perhaps some on this list can give that advice. I laid it out
properly.
James
On Tue, Mar 10, 2009 at 9:05 AM, Bill Spiry <bspiry at comcast.net> wrote:
> I would appreciate receiving this as well. Thanks.
> bspiry at comcast.net
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of James Pepper
> Sent: Tuesday, March 10, 2009 1:46 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] nfb v. lsac complaint
>
> Scott: I laid out the first section of the LSAT to be accessible and I
> can
> send you the files if you would like to see it. Also I made the form that
> they use accessible so the blind can fill out the test without assistance.
> This works with JAWS and Window Eyes and a combination of Adobe's Read out
> Loud and Microsoft Narrator. My process works and if you need references
> at
> NFB, AFB and the AAPD I can send them to you.
>
> It took a while to figure out how they made thier pdfs and I know where
> they
> are making their mistakes. I can correct this problem. These PDFs are made
> to work natively with JAWS and Adobe Reader and the other screen readers
> without making any adjustments. They work with the default settings in
> Adobe Reader.
>
> Also the forms can be digitally signed and saved and all that fancy stuff
> that you expect with Adobe Acrobat Professional can be done with
> Adobe Reader, versions 8 or 9 which is the free download from Adobe.com.
> So
> we can make the LSAT accessible to anyone with a PC running Windows XP Or
> VIsta without any change of settings. This means the PC can be there for
> the sighted and the blind, with equal access for all.
>
> Also since I labeled everything, it will be a lot quicker for you to fill
> out this test!
>
> Sincerely,
>
> James G. Pepper
>
>
>
> On Thu, Feb 19, 2009 at 4:32 PM, Scott C. LaBarre
> <slabarre at labarrelaw.com>wrote:
>
> > Below I am sharing the complaint that we filed today in California Court.
> > **************
> > LaurEnce W. paradis (California Bar No. 122336)
> >
> > Anna levine (California Bar No. 227881)
> >
> > Disability Rights Advocates
> >
> > 2001 Center Street, Third Floor
> >
> > Berkeley, California 94704
> >
> > Telephone: (510) 665-8644
> >
> > Facsimile: (510) 665-8511
> >
> > TTY: (510) 665-8716
> >
> >
> >
> > SCOTT LABARRE (to seek pro hac vice admission)
> >
> > LABARRE LAW OFFICES, P.C.
> >
> > 1660 S. Albion Street, Ste 918
> >
> > Denver, Colo 80222
> >
> > Telephone: (303) 504-5979
> >
> > Fax: (303) 757-3640
> >
> >
> >
> > DANIEL F. GOLDSTEIN (to seek pro hac vice admission)
> >
> > MEHGAN Sidhu (to seek pro hac vice admission)
> >
> > Brown, Goldstein & Levy, LLP
> >
> > 120 E. Baltimore St., Suite 1700
> >
> > Baltimore, MD 21202
> >
> > Telephone: (410) 962-1030
> >
> > Fax: (410) 385-0869
> >
> >
> >
> > SUPERIOR COURT OF THE STATE OF CALIFORNIA
> > COUNTY OF ALAMEDA
> >
> >
> >
> > National Federation of the Blind, the National Federation of the
> Blind
> > of CALIFORNIA, and DEEPA GORAYA,
> >
> >
> >
> > Plaintiffs,
> >
> > v.
> >
> > LAW SCHOOL ADMISSION COUNCIL, INC.,
> >
> > Defendant.
> >
> >
> >
> > Case No.:
> >
> >
> >
> >
> >
> > COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS OF
> THE
> > CALIFORNIA DISABLED PERSONS ACT AND UNRUH CIVIL RIGHTS ACT
> >
> >
> >
> >
> > INTRODUCTION
> >
> > Plaintiffs complain of Defendant and allege herein as follows:
> >
> > 1. This action, brought by the National Federation of the Blind,
> > the National Federation of the Blind of California, and Deepa Goraya,
> seeks
> > to put an end to civil rights violations committed by defendant Law
> School
> > Admissions Council (hereafter "LSAC") against blind persons seeking to
> take
> > the LSAT exam and apply to law schools. Plaintiff Deepa Goraya, a blind
> law
> > school applicant in California, has been and is being denied equal access
> to
> > the accommodations, advantages, and facilities LSAC provides its
> > non-disabled customers through http://www.lsac.org (hereafter "lsac.org"
> > and "the website"). Plaintiffs National Federation of the Blind and the
> > National Federation of the Blind of California have members who are
> > similarly denied full and equal access to such accommodations, advantages
> > and facilities. Lsac.org is currently the only place online where
> > prospective law students can register for the Law School Admissions Test
> > ("LSAT"), apply to law schools, and obtain official LSAT test preparation
> > materials and information. Lsac.org contains multiple access barriers
> that
> > make it difficult if not impossible for blind law school applicants and
> LSAT
> > test takers to use the website and to obtain practice materials without
> > sighted assistance. LSAC thus excludes the blind, including Ms. Goraya,
> > from full and equal access to the accommodations, advantages, facilities,
> > and privileges of lsac.org.
> >
> > JURISDICTION
> >
> > 2. This is a civil action under California's Disabled Persons Act
> > (Cal. Civ. Code §§ 54, et seq.) and the Unruh Civil Rights Act (Cal. Civ.
> > Code §§ 51, et seq.) and for declaratory relief. This Court has
> > jurisdiction over the claims alleged herein pursuant to California Civil
> > Code §§ 54, et seq. and California Civil Code §§ 51, et seq. and
> California
> > Code of Civil Procedure section 1060.
> >
> > 3. This Court has jurisdiction over LSAC because LSAC is a
> > corporation authorized to do business in California and LSAC conducts
> > substantial business in California. LSAC owns, maintains and operates its
> > website, lsac.org, throughout California and in Alameda County.
> >
> >
> >
> > VENUE
> >
> > 4. Venue is proper in Alameda County because liability arises in
> > part in Alameda County, where the National Federation of the Blind of
> > California has its headquarters. LSAC has been and is committing the
> acts
> > alleged herein in Alameda County, has been and is violating the rights of
> > patrons in Alameda County, and has been and is causing injury to patrons
> in
> > Alameda County.
> >
> > 5. Plaintiff Goraya is a California citizen and has experienced
> > injury in California as a result of LSAC's inaccessible website and
> practice
> > materials.
> >
> > PARTIES
> >
> > 6. Plaintiff the National Federation of the Blind (hereafter
> "NFB")
> > is a national advocacy organization. The NFB, the oldest and largest
> > national organization of blind persons, is a non-profit corporation duly
> > organized under the laws of the District of Columbia with its principal
> > place of business in Baltimore, Maryland. It has affiliates in all 50
> > states (including California) as well as Washington, D.C. and Puerto
> Rico.
> > The vast majority of the approximately 50,000 members are blind persons.
> > The NFB is widely recognized by the public, Congress, executive agencies
> of
> > government and the courts as a collective and representative voice on
> behalf
> > of blind Americans and their families. The purpose of the NFB is to
> promote
> > the general welfare of the blind by (1) assisting the blind in their
> efforts
> > to integrate themselves into society on terms of equality and (2)
> removing
> > barriers and changing social attitudes, stereotypes and mistaken beliefs
> > that sighted and blind persons hold concerning the limitations created by
> > blindness resulting in the denial of opportunity to blind persons in
> > virtually every sphere of life. The NFB and many of its members have
> long
> > been actively involved in promoting adaptive technology for the blind, so
> > that blind persons can live and work independently in today's
> > technology-dependent world. NFB members reside throughout the United
> > States, including the state of California, and many of its members would
> use
> > the services of lsac.org if this website is made independently usable by
> > the blind.
> >
> > 7. Plaintiff the National Federation of the Blind of California
> > (hereafter "NFB of California") is a state affiliate of the National
> > Federation of the Blind. NFB of California is a California corporation
> and
> > carries out NFB's objectives at the state level. It has local chapters
> > throughout California, including Alameda County, and has its headquarters
> in
> > Fremont, California, in Alameda County.
> >
> > 8. Plaintiff Goraya is a member of the NFB and the NFB of
> > California. She is blind and has been denied full and equal access to
> the
> > accommodations, advantages, facilities and privileges of lsac.org.
> >
> > 9. Defendant LSAC, is a non-profit corporation
> > established to coordinate, facilitate, and enhance the law school
> admissions
> > process. LSAC owns, operates and/or maintains the website lsac.com, a
> > public accommodation. Plaintiffs seek access to the services provided by
> > LSAC in California through lsac.org.
> >
> > FACTS
> >
> > 10. Lsac.org is owned, controlled and/or operated by LSAC.
> Lsac.org
> > is a public accommodation that offers its visitors comprehensive services
> > for applying to law school. The website functions as the official
> > destination for guiding prospective law school applicants through the
> > fundamental steps of applying to law school. Among its services,
> lsac.orgoffers information about the LSAT and law school application
> process, and
> > extensive LSAT preparation materials and resources. Lsac.org also serves
> as
> > the exclusive online means for registering for the LSAT and applying to
> > ABA-accredited law schools.
> >
> > 11. According to the website, lsac.org's online services enable
> > prospective law students to do the following, among other things:
> >
> > a.. Register for the LSAT
> > b.. Register for the LSDAS (Law School Data Assembly Service)
> > c.. Purchase publications and test preparation materials
> > d.. Have access to electronic applications for all ABA-approved law
> > schools
> > e.. Apply online to law schools
> > f.. Register for law school forums
> > g.. Have 24-hour file access
> > 12. In addition to facilitating the LSAT and law school application
> > processes, a significant portion of the lsac.org website is devoted to
> > preparing students to take the LSAT. Among the services offered in that
> > regard are online information guides that explain how to prepare for the
> > LSAT and free, downloadable sample practice tests and test questions.
> > Lsac.org also offers for a fee an online LSAT practice test tool and the
> > opportunity to purchase more than 40 official LSAT practice tests.
> >
> > 13. While sighted visitors to lsac.org can easily obtain the benefits
> and
> > advantages offered by the website, blind individuals, including Ms.
> Goraya,
> > have been and are being denied access to lsac.org due to LSAC's failure
> > and refusal to remove access barriers to lsac.org. Specifically, blind
> > visitors to the website, including Ms. Goraya, cannot independently apply
> to
> > law school, register for the LSAT, or obtain in an accessible format the
> > LSAT preparation materials and practice tests available through lsac.org
> .
> >
> > 14. The blind access websites by using keyboards in conjunction
> with
> > screen-reading software. This software vocalizes or conveys to a
> refreshable
> > Braille display information that appears visually on a computer screen.
> > Unless websites are designed to allow for use in this manner, blind
> persons
> > are unable to fully access the internet websites and the information,
> > products and services contained therein.
> >
> > 15. There are well-established guidelines for making websites
> > accessible to the blind. These guidelines have been in place for at
> least
> > several years and have been followed successfully by other public
> > accommodations in making their online services accessible. The Web
> > Accessibility Initiative (WAI), a project of the World Wide Web
> Consortium,
> > which is the leading standards organization for the Web, has developed
> > guidelines for making information that is reached via the internet
> > accessible. The federal government has also promulgated accessibility
> > standards under Section 508 of the Rehabilitation Act. These guidelines
> > have long been readily available via the internet so that any public
> > accommodation could easily secure the necessary information.
> >
> > 16. Lsac.org contains a variety of access barriers that prevent
> free
> > and full use by blind persons using keyboards and screen reading
> software.
> > These barriers include but are not limited to: lack of or improperly
> > labeled form controls; faulty keyboard navigation; and use of tables and
> > charts that are not formatted for accessibility. Form controls allow
> users
> > to input data on online forms and applications. These controls must be
> > coded and labeled to allow screen-access software to detect and vocalize
> the
> > requested information. Keyboard navigation refers to the ability to
> > successfully navigate a website using keyboard commands, as opposed to
> > requiring a mouse as the exclusive means for navigation of the site.
> > Further, charts and tables must be formatted to work with screen-access
> > software. Much of the lsac.org website, and in particular the online
> law
> > school application and LSAT registration sections of the website, lack
> these
> > fundamental accessibility components. As a result, blind visitors to the
> > website cannot independently use those and other critical features.
> >
> > 17. Lsac.org's test preparation materials that are available on the
> > website in Adobe Portable Document (PDF) format, are not properly
> "tagged."
> > This means that the headings, paragraphs, tables, image descriptions and
> > form controls are not easily discernable to screen-reading software. As
> a
> > result, these materials are cumbersome, if not impossible, for a blind
> > visitor to navigate.
> >
> > 18. Finally, lsac.org fails to offer LSAT practice tests,
> available
> > as part of its test preparation services, in formats accessible to the
> > blind. While the sighted can easily use the website to obtain more than
> 40
> > formerly administered LSAT practice tests, the website fails to offer the
> > opportunity to purchase these practice materials in formats accessible to
> > the blind, such as Braille or an accessible electronic format.
> >
> > 19. As a result of lsac.org's accessibility barriers, blind law
> > school applicants, including Ms. Goraya, must go over extraordinary
> hurdles
> > to register and prepare for the LSAT and to apply to law school compared
> to
> > their sighted counterparts. After unsuccessfully attempting to use
> > lsac.org independently to register for the LSAT and fill out her law
> > school applications, for example, Plaintiff Goraya was forced to select
> and
> > rely upon a reader for over 50 hours simply to read aloud the content of
> the
> > website and complete her law school applications. Moreover, none of the
> > LSAT practice materials, which include previously administered versions
> of
> > the test, were available to her in accessible electronic formats.
> Lsac.org
> > thus contains numerous access barriers which deny full and equal access
> to
> > Plaintiff, who would otherwise use the accommodations, advantages, and
> > facilities of lsac.org.
> >
> > 20. On December 10, 2008, Plaintiff National Federation of the
> Blind
> > notified LSAC of the unlawful accessibility barriers on its website.
> LSAC
> > responded by setting up and then canceling a meeting with the NFB. On
> > January 22, 2009, the NFB notified LSAC that it intended to pursue legal
> > action against LSAC for the unlawful barriers on its website.
> >
> > FIRST CAUSE OF ACTION
> >
> > (Violation of Cal. Civ. Code §§ 54, et seq. - the Disabled Persons Act)
> >
> > 21. The allegations contained in the previous paragraphs are
> > incorporated by reference.
> >
> > 22. The Disabled Persons Act ("DPA") requires that individuals with
> > disabilities have "full and equal access, as other members of the general
> > public, to accommodations, advantages, facilities, . . . and other places
> to
> > which the general public is invited, subject only to the conditions and
> > limitations established by law, or state or federal regulation, and
> > applicable alike to all persons." Cal. Civ. Code 54.1(a)(1).
> >
> > 23. Lsac.org, which is owned, operated and/or maintained by LSAC,
> is
> > an
> >
> > accommodation, advantage, facility and/or place to which the general
> public
> > is invited, as those terms are used in Cal. Civ. Code § 54.1(a)(1).
> >
> > 24. Defendant's conduct alleged herein violates the DPA, including
> > Cal. Civ. Code § 54.1(a)(1), by denying the Plaintiffs full and equal
> access
> > to the accommodations, advantages and facilities of lsac.org.
> >
> > 25. As a result of Defendant's conduct, the NFB, the NFB of
> > California, and Ms. Goraya are entitled to injunctive relief requiring
> > Defendant to make lsac.org accessible to blind individuals, and to make
> > the LSAT test practice materials offered to lsac.org patrons available
> to
> > blind people in an accessible format.
> >
> > SECOND CAUSE OF ACTION
> >
> > (Violation of Cal.Civ. Code §§ 51, et seq. - The Unruh Act)
> >
> > 26. The allegations contained in the previous paragraphs are
> > incorporated by reference.
> >
> > 27. California's Unruh Act requires that individuals with
> > disabilities have "full and equal accommodations, advantages, facilities,
> > privileges or services in all business establishments of every kind
> > whatsoever." Cal. Civ. Code § 51(b).
> >
> > 28. LSAC and Lsac.org are business establishments as that term is
> > used in Cal. Civ. Code § 51(b) and lsac.org is an accommodation,
> > advantage, facility, privilege and service of LSAC.
> >
> > 29. Defendant's conduct alleged herein violates the Unruh Act,
> > including Cal. Civ. Code § 51(b), by denying Plaintiffs the full and
> equal
> > accommodations, advantages, facilities, privileges or services of LSAC
> and
> > lsac.org.
> >
> > 30. Defendant violated the Unruh Act intentionally and/or with
> > deliberate indifference to the likelihood that it was violating the
> rights
> > of blind people and/or Defendant's violations were so intuitive or
> obvious
> > that noncompliance could not be other than intentional.
> >
> > 31. As a result of Defendant's conduct, the NFB, the NFB of
> > California, and Ms. Goraya are entitled to injunctive relief requiring
> > Defendant to make lsac.org accessible to blind individuals, and to make
> > the LSAT test practice materials offered to lsac.org patrons available
> to
> > blind people in an accessible format.
> >
> >
> >
> > THIRD CAUSE OF ACTION
> >
> > (Declaratory Relief, Cal. Civ. Proc. § 1060 )
> >
> > 32. The allegations contained in the previous paragraphs are
> > incorporated by reference.
> >
> > 33. On information and belief, Defendants contend that they may
> > lawfully deny Plaintiffs access to their website and its contents.
> > Plaintiffs contend that lsac.org, which LSAC owns, operates, and/or
> > controls, must provide blind patrons access to its website and website
> > contents under California Civil Code §§ 54, et seq. and California Civil
> > Code §§ 51, et seq., which prohibit discrimination against the blind.
> >
> > 34. A judicial declaration is necessary and appropriate at this
> time
> > in order that each of the parties may know their respective rights and
> > duties and act accordingly.
> >
> > WHEREFORE, Plaintiffs request relief as set forth below.
> >
> > RELIEF REQUESTED
> >
> > WHEREFORE, Plaintiffs pray for judgment as follows:
> >
> > 1. An order enjoining LSAC from violating California
> > Civil Code §§ 51, et seq. and §§ 54, et seq.;
> >
> > 2. A declaration that LSAC is owning, maintaining
> and/or
> > operating lsac.org in a manner which discriminates against the blind and
> > which fails to provide access for persons with disabilities as required
> by
> > law;
> >
> > 3. Plaintiffs' reasonable attorneys' fees and costs as
> > authorized by California California Civil Code §§ 54, et seq., California
> > Civil Code §§ 51, et seq., and pursuant to California Code of Civil
> > Procedure § 1021.5.
> >
> > 4. Such other and further relief as the Court deems
> just
> > and proper.
> >
> >
> >
> > DATED:
> > DISABILITY RIGHTS ADVOCATES
> >
> >
> >
> >
> By:
> > ____________________________
> >
> >
> > Laurence W. Paradis
> >
> >
> >
> >
> >
> > Scott C. LaBarre, Esq.
> >
> > LaBarre Law Offices P.C.
> > 1660 South Albion Street, Ste. 918
> > Denver, Colorado 80222
> > 303 504-5979 (voice)
> > 303 757-3640 (fax)
> > slabarre at labarrelaw.com (e-mail)
> > www.labarrelaw.com (website)
> >
> > CONFIDENTIALITY NOTICE: This message may contain confidential and
> > privileged information. If you are not the designated recipient, you may
> not
> > read, copy, distribute or retain this message. If you received this
> message
> > in error, please notify the sender at 303) 504-5979 or
> > slabarre at labarrelaw.com, and destroy and delete it from your system.
> This
> > message and any attachments are covered by the Electronic
> > Communications Privacy Act, 18 U.S.C. §§ 2510-2521.
> > _______________________________________________
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> > blindlaw at nfbnet.org
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> > blindlaw:
> >
> >
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> >
> >
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