[blindlaw] nfb v. lsac complaint
ckrugman at sbcglobal.net
ckrugman at sbcglobal.net
Wed Mar 11 13:00:00 UTC 2009
we can always engage in acts of civil disobedience and disobey copyright
laws.
Chuck
----- Original Message -----
From: "James Pepper" <b75205 at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, March 10, 2009 11:45 AM
Subject: Re: [blindlaw] nfb v. lsac complaint
Well no wonder nothing becomes accessible. Stay with public domain documents
then. Oh well.
James
On Tue, Mar 10, 2009 at 12:56 PM, Rod Alcidonis <roddj12 at hotmail.com> wrote:
> You are also violating copyright laws whether you send it to Scott or
> bill,
> so you know.
>
> Rod Alcidonis
> Juris Doctor Candidate, 2009.
> Roger Williams University School of Law
> 10 Metacom Ave., Box: 9003
> Bristol, RI 02809
> Cell: 718-704-4651
> Home: 401-824-8685
>
> ----- Original Message ----- From: "James Pepper" <b75205 at gmail.com>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Tuesday, March 10, 2009 1:42 PM
>
> Subject: Re: [blindlaw] nfb v. lsac complaint
>
>
> 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.
>> > _______________________________________________
>> > blindlaw mailing list
>> > blindlaw at nfbnet.org
>> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> > To unsubscribe, change your list options or get your account info for
>> > blindlaw:
>> >
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>>
>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/b75205%40gmail.com
>> >
>> >
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