From Noel.Nightingale at ed.gov Mon Feb 1 22:17:27 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 1 Feb 2010 16:17:27 -0600 Subject: [blindlaw] Blind student wins computer aid for bar exam, San Francisco Chronicle, January 31 2010 Message-ID: Link: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/30/BARA1BPRQF.DTL Text: Blind student wins computer aid for bar exam Bob Egelko, Chronicle Staff Writer Sunday, January 31, 2010 A blind law student can use computer-assisted reading devices in next month's bar exam, a federal judge has ruled, rejecting the examiners' arguments that the assistance was too generous and might let someone steal the test questions. U.S. District Judge Charles Breyer of San Francisco ordered the National Conference of Bar Examiners on Friday to accommodate Stephanie Enyart, who was born sighted but suffers from macular degeneration and retinal dystrophy and was declared legally blind at 15. Enyart, 32, graduated last spring from UCLA Law School, where she took tests on a laptop with software that magnified the text and read the words into earbuds. But she has not taken the bar exam because the national examiners, who administer the two multiple-choice portions of the California test, have refused to allow the same arrangements. Federal disability law "does not require testing organizations to provide disabled examinees with their preferred accommodations," the examiners' lawyer, Gregory Tenhoff, said in court papers. He also said putting the test questions on a computer disk would expose them to hackers and thieves. The examiners said Enyart would have to accept the usual accommodations for blind and visually impaired applicants: a pencil-and-paper test with questions displayed on an enlarged screen, a human reader and twice the usual three-day testing period. Enyart, now a law clerk at Disability Rights Advocates in Berkeley, said in her suit that she needed the computer setup to have a fair chance of passing the exam. Breyer agreed Friday and said the bar could provide its own computer for increased security. "A disability should not prevent an individual from pursuing their dream, if that's what it is, of practicing law," the judge said. The exam begins Feb. 23. The examiners could ask a federal appeals court to block Breyer's order. Their office declined comment after the hearing. E-mail Bob Egelko at begelko at sfchronicle.com. This article appeared on page C - 2 of the San Francisco Chronicle From craig.borne at dot.gov Tue Feb 2 14:10:50 2010 From: craig.borne at dot.gov (craig.borne at dot.gov) Date: Tue, 2 Feb 2010 09:10:50 -0500 Subject: [blindlaw] FW: NHTSA CRD Vacancy Announcement Message-ID: <74679E5C9A6C114F9793FAD7217A7A0CBADBDA@OSTMAIL03VS3.ad.dot.gov> FYI - I have no other information on this announcement. Craig ________________________________ From: Jones, Mary Whigham (OST) Sent: Monday, February 01, 2010 5:10 PM To: List-OST-Civil Rights Directors; Williams, Anna (NHTSA); List-OST-Civil Rights Alternate Representatives and Assistants; Austin, Joseph (OST); Pentino, Marc (OST); Benison, John (OST); Ford, Frederick (OST); Gordon, Caffin (OST); Wright, Tami (OST); Workman, Yvette (OST); Gilliam, Brenda (OST); 'CARLTON.HADDEN at EEOC.GOV'; 'DEXTER.BROOKS at EEOC.GOV'; Sommers, Judy ; Bettis, Jerome (OST); Blackman, Helen (VOLPE); Williams, Harnetta ; Armstead, Yvette Subject: NHTSA CRD Vacancy Announcement FYI and wide dissemination to sources of potential excellent candidates. Mary N. Whigham Jones Deputy Director Departmental Office of Civil Rights Office of the Secretary U.S. Department of Transportation 1200 New Jersey Avenue, S.E., Rm. W-78-318 Washington, DC 20590 Phone: 202-366-4648 Email: mary.jones at dot.gov -------------- next part -------------- A non-text attachment was scrubbed... Name: NHTSA.NOA-2010-0001.pdf Type: application/octet-stream Size: 38113 bytes Desc: NHTSA.NOA-2010-0001.pdf URL: From Noel.Nightingale at ed.gov Fri Feb 5 21:28:06 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Fri, 5 Feb 2010 15:28:06 -0600 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings - Ref#30352783 Message-ID: -----Original Message----- From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On Behalf Of Amy Colando Sent: Friday, February 05, 2010 10:04 AM To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings Subject: [mamas_jobs] Current Microsoft Attorney Openings - Ref#30352783 Amy Colando posted: Thought fellow members might be interested in some Microsoft attorney openings. There's a link at the bottom for more information (and to apply). I've found Microsoft to be a family-friendly employer. Senior Attorney (Patent Counselor) -- IP&L Want to make a direct impact on the success of Microsoft's Business Division (MBD)? If so, you may want to consider joining the MBD Patent Counseling Team in Microsoft's Patent Group as a patent counseling attorney. As a patent counseling attorney, you will be the patent counsel for a number of business units within MBD, responsible for providing patent counseling to the business units on a wide variety of patent matters. Job Code 706884. Attorney -- Worldwide Sales Work with a talented team of professionals supporting the OEM division in the licensing and marketing of Microsoft software and hardware. Responsibilities include structuring, drafting, and negotiating agreements for licensing, distribution, and marketing for OEMs around the world. Job Code 711293. Senior Attorney Microsoft has an opening for a Senior Attorney to lead the delivery of legal support to Microsoft's SQL Server business unit. The SQL Server business is responsible for product development and marketing for the entire range of Microsoft SQL Server products and solutions. Responsibilities will include: the delivery of legal counseling to SQL Server executives and their teams on a broad range of complex legal, business, and strategic issues, including issues related to intellectual property protection and licensing, interoperability and standards, and applicable regulatory frameworks, including antitrust, privacy and security. Job Code 706658. To learn more about our current and future opportunities with Microsoft and formally apply to a specific opening, please refer to our careers website at https://careers.microsoft.com. Add your comments online: http://www.bigtent.com/group/forum/message/30352783?md=MTE3OTgzMDM= Advertisement ================================================================= Help raise up to $10,000 for a great charity. Goody will donate $1 for each user that sends their Girls on the Run virtual gift on Facebook. http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= ================================================================= ________________________________________ You received this email because you (noel.nightingale at ed.gov) are a member of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. Visit this group on the Web: http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= Unsubscribe or leave this group: https://www.bigtent.com/unsubscribe/11798303?key=wxFm7tsQizE2P9RHRLkcN3I0BTc%2FX%2Fimbhpk6cnZC5Q%3D&md=MTE3OTgzMDM= Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= From rumpole at roadrunner.com Sun Feb 7 19:59:31 2010 From: rumpole at roadrunner.com (Ross Doerr) Date: Sun, 7 Feb 2010 14:59:31 -0500 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 References: Message-ID: <76E3B1372A184759823341667160E666@none8a46117901> Hello Noel, are you practicing in the Washington State area, or are you in the Oregon area? Reply off list at rumpole at roadrunner.com HOpe you are well. ----- Original Message ----- From: "Nightingale, Noel" To: Sent: Friday, February 05, 2010 4:28 PM Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 > > > -----Original Message----- > From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On Behalf > Of Amy Colando > Sent: Friday, February 05, 2010 10:04 AM > To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings > Subject: [mamas_jobs] Current Microsoft Attorney Openings - Ref#30352783 > > Amy Colando posted: > > Thought fellow members might be interested in some Microsoft attorney > openings. There's a link at the bottom for more information (and to > apply). I've found Microsoft to be a family-friendly employer. > > Senior Attorney (Patent Counselor) -- IP&L Want to make a direct impact > on the success of Microsoft's Business Division (MBD)? If so, you may want > to consider joining the MBD Patent Counseling Team in Microsoft's Patent > Group as a patent counseling attorney. As a patent counseling attorney, > you will be the patent counsel for a number of business units within MBD, > responsible for providing patent counseling to the business units on a > wide variety of patent matters. Job Code 706884. > > > > Attorney -- Worldwide Sales Work with a talented team of professionals > supporting the OEM division in the licensing and marketing of Microsoft > software and hardware. Responsibilities include structuring, drafting, and > negotiating agreements for licensing, distribution, and marketing for OEMs > around the world. Job Code 711293. > > > > > > Senior Attorney > Microsoft has an opening for a Senior Attorney to lead the delivery of > legal support to Microsoft's SQL Server business unit. The SQL Server > business is responsible for product development and marketing for the > entire range of Microsoft SQL Server products and solutions. > Responsibilities will include: the delivery of legal counseling to SQL > Server executives and their teams on a broad range of complex legal, > business, and strategic issues, including issues related to intellectual > property protection and licensing, interoperability and standards, and > applicable regulatory frameworks, including antitrust, privacy and > security. Job Code 706658. > > > > To learn more about our current and future opportunities with Microsoft > and formally apply to a specific opening, please refer to our careers > website at https://careers.microsoft.com. > > > Add your comments online: > http://www.bigtent.com/group/forum/message/30352783?md=MTE3OTgzMDM= > > > Advertisement > ================================================================= > > Help raise up to $10,000 for a great charity. Goody will donate $1 for > each user that sends their Girls on the Run virtual gift on Facebook. > http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= > > ================================================================= > > > ________________________________________ > You received this email because you (noel.nightingale at ed.gov) are a member > of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. > > Visit this group on the Web: > http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= > Unsubscribe or leave this group: > https://www.bigtent.com/unsubscribe/11798303?key=wxFm7tsQizE2P9RHRLkcN3I0BTc%2FX%2Fimbhpk6cnZC5Q%3D&md=MTE3OTgzMDM= > > Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= > Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= > Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rumpole%40roadrunner.com -------------------------------------------------------------------------------- Internal Virus Database is out of date. Checked by AVG - www.avg.com Version: 8.5.432 / Virus Database: 271.1.1/2659 - Release Date: 01/31/10 06:39:00 From slabarre at labarrelaw.com Mon Feb 8 16:26:43 2010 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Mon, 8 Feb 2010 09:26:43 -0700 Subject: [blindlaw] Fw: New Reports, Award, and Publication from ABA Commission on Mental and Physical Disability Law Message-ID: <801C16BC41D8462EADF2E09801C30DAF@labarre> American Bar Association | Commission on Mental and Physical Disability LawFYI ----- Original Message ----- From: Commission on Mental and Physical Disability Law To: Scott Charles LaBarre Sent: Monday, February 08, 2010 5:00 AM Subject: New Reports, Award, and Publication from ABA Commission on Mental and Physical Disability Law Statistics of lawyers with disabilities in the legal profession and the ABA The Commission's 2010 Goal III Report details the participation of lawyers with disabilities in ABA Division, Section, and Forum leadership positions for the 2009-2010 bar year. The 2010 ABA Disability Statistics Report is a supplement to the Goal III Report that is a general compilation of statistics on individuals and lawyers with disabilities, their employment, and the legal profession...[read more] Nominate now for ABA Paul G. Hearne Award for Disability Rights Time is running out to nominate an individual who or organization that has performed exemplary service in the furtherance of access to justice for people with disabilities. Nominations are due by April 1, 2010... [read more] ABA Pledge for Change In furthering its commitment to diversity in the legal profession, the Commission is promoting "Disability Diversity in the Legal Profession: A Pledge for Change," a one-page pledge for legal employers to sign. The Pledge affirms the signatory's commitment to diversity, specifically disability diversity. Your employer can also be recognized for signing the Pledge...[read more] Civil Mental Disability Law, Evidence and Testimony This reference manual examines the rights of persons with mental disabilities, which touches on many distinct subject areas. Accordingly, this manual is divided into seven parts with 27 chapters, including: individual rights within the community, mental disability discrimination, entitlement programs, professional legal concerns, commitment and rights within facilities, and expert evidence...[read more] 2009 index of disability law cases Mental & Physical Disability Law Reporter's listing of all the cases it covered in 2009, organized both alphabetically and by subject matter...[read more--PDF format] Commission Programs & Services About Commission Disability Discussion Group ABA Pledge for Change 2009 Employment Conference Report Key Law Publications Recent Legal News & Developments Find a Disability Lawyer Law School Disability Programs Disability Resources/Organizations Jobs & Internships Events, Programs, and Activities Contact American Bar Association | Commission on Mental and Physical Disability Law 740 15th Street, N.W., 9th Floor| Washington, DC 20005-1022 | 202.662.1570 | cmpdl at abanet.org Your e-mail address will only be used within the ABA and its entities. We do not sell or rent e-mail addresses to anyone outside the ABA. Update your profile | Unsubscribe | Privacy Policy American Bar Association | 321 N Clark | Chicago, IL 60654 | 1-800-285-2221 From Noel.Nightingale at ed.gov Mon Feb 8 18:49:27 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 8 Feb 2010 12:49:27 -0600 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 In-Reply-To: <76E3B1372A184759823341667160E666@none8a46117901> Message-ID: I am in Seattle! -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Ross Doerr Sent: Sunday, February 07, 2010 12:00 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 Hello Noel, are you practicing in the Washington State area, or are you in the Oregon area? Reply off list at rumpole at roadrunner.com HOpe you are well. ----- Original Message ----- From: "Nightingale, Noel" To: Sent: Friday, February 05, 2010 4:28 PM Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 > > > -----Original Message----- > From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On > Behalf Of Amy Colando > Sent: Friday, February 05, 2010 10:04 AM > To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings > Subject: [mamas_jobs] Current Microsoft Attorney Openings - > Ref#30352783 > > Amy Colando posted: > > Thought fellow members might be interested in some Microsoft attorney > openings. There's a link at the bottom for more information (and to > apply). I've found Microsoft to be a family-friendly employer. > > Senior Attorney (Patent Counselor) -- IP&L Want to make a direct > impact on the success of Microsoft's Business Division (MBD)? If so, > you may want to consider joining the MBD Patent Counseling Team in > Microsoft's Patent Group as a patent counseling attorney. As a patent > counseling attorney, you will be the patent counsel for a number of > business units within MBD, responsible for providing patent counseling > to the business units on a wide variety of patent matters. Job Code 706884. > > > > Attorney -- Worldwide Sales Work with a talented team of professionals > supporting the OEM division in the licensing and marketing of > Microsoft software and hardware. Responsibilities include structuring, > drafting, and negotiating agreements for licensing, distribution, and marketing for OEMs > around the world. Job Code 711293. > > > > > > Senior Attorney > Microsoft has an opening for a Senior Attorney to lead the delivery of > legal support to Microsoft's SQL Server business unit. The SQL Server > business is responsible for product development and marketing for the > entire range of Microsoft SQL Server products and solutions. > Responsibilities will include: the delivery of legal counseling to > SQL Server executives and their teams on a broad range of complex > legal, business, and strategic issues, including issues related to > intellectual property protection and licensing, interoperability and > standards, and applicable regulatory frameworks, including antitrust, privacy and > security. Job Code 706658. > > > > To learn more about our current and future opportunities with Microsoft > and formally apply to a specific opening, please refer to our careers > website at https://careers.microsoft.com. > > > Add your comments online: > http://www.bigtent.com/group/forum/message/30352783?md=MTE3OTgzMDM= > > > Advertisement > ================================================================= > > Help raise up to $10,000 for a great charity. Goody will donate $1 for > each user that sends their Girls on the Run virtual gift on Facebook. > http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= > > ================================================================= > > > ________________________________________ > You received this email because you (noel.nightingale at ed.gov) are a member > of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. > > Visit this group on the Web: > http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= > Unsubscribe or leave this group: > https://www.bigtent.com/unsubscribe/11798303?key=wxFm7tsQizE2P9RHRLkcN3I0BTc%2FX%2Fimbhpk6cnZC5Q%3D&md=MTE3OTgzMDM= > > Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= > Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= > Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rumpole%40roadrunner.com -------------------------------------------------------------------------------- Internal Virus Database is out of date. Checked by AVG - www.avg.com Version: 8.5.432 / Virus Database: 271.1.1/2659 - Release Date: 01/31/10 06:39:00 _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/noel.nightingale%40ed.gov From rumpole at roadrunner.com Mon Feb 8 20:36:32 2010 From: rumpole at roadrunner.com (Ross Doerr) Date: Mon, 8 Feb 2010 15:36:32 -0500 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft AttorneyOpenings -Ref#30352783 References: Message-ID: HI Noel, I thought I remembered you were out that way. My wife and I were just there for a week visiting our son. He is in Seattle doing some writing and applying to graduate schools, so we followed through on our threat to visit him. I must say going from 5 degrees below zero to the 40's and 50's was really nice. I was also impressed at how easy it is to get around the city by public transportation. Here in Maine, what little public transit is available is really poor. They rarely run on any type of commuter schedule at all. And that is in the few places that have any transit. So, all in all, we very much enjoyed Seattle. I gave thought to trying to see if I could look you up while we were there, but could not recall what agency you worked for. IF nothing else, we could have bought you lunch one day. Is the weather always that nice there this time of year? Hope that you and yours are well. Ross From slabarre at labarrelaw.com Tue Feb 9 21:20:20 2010 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Tue, 9 Feb 2010 14:20:20 -0700 Subject: [blindlaw] looking for California blind student planning to attend law school in the next couple of years Message-ID: Greetings: We are looking to speak with a blind/legally blind college student who resides in California who plans on attending law school in California or elsewhere in the next two years. This student or students should be planning to take the law school admissions test (LSAT) some time in the next year and a half or so. This request would also apply to a blind/legally blind Californian who may have a under graduate degree and also plans to take the LSAT in the next year and a half or so. Please feel free to distribute this message widely. When responding, please email me at slabarre at labarrelaw.com and Anna Levine, alevine at dralegal.org, at Disability Rights Advocates. Additionally, if you have responded to a similar message in the past, we kindly ask you to respond this time as well. Thanks in advance for your assistance. 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. From Noel.Nightingale at ed.gov Wed Feb 10 18:07:04 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Wed, 10 Feb 2010 12:07:04 -0600 Subject: [blindlaw] Visionary Work, ABA Journal, October 2009 Message-ID: Blindlaw listers: I spotted this article from the October 2009 ABA Journal about a legal clinic for the blind being run by a retired blind judge. Link: http://www.abajournal.com/magazine/article/visionary_work/ Text: Visionary Work Posted Oct 1, 2009 By Barbara Rose Demand for free legal help surges during hard times, but at one unusual legal clinic in Chicago the demand is always great. The Kane Legal Clinic was founded three years ago to provide pro bono services to the blind. Operated by the Chicago Lighthouse for People Who Are Blind or Visually Impaired, the clinic is believed to be the only one of its kind in the country. "I don't think, even in the blind community, people are aware how great a need there is," says Nicholas T. Pomaro, the clinic's director. "Seventy percent of capable blind people are unemployed. They can't afford to hire an attorney." "You gotta walk a mile in someone's shoes to know what it's like," he adds. By that standard Pomaro, 71, is certainly qualified. Blinded at the age of 6 by a blood clot that affected his optic nerve, Pomaro was a Cook County Circuit Court judge for 29 years before he retired in 2005 to launch the clinic. Pomaro and a part-time paralegal have helped hundreds of people with legal matters, including discrimination issues, criminal defense and personal injury. Most problems can be resolved by a phone call or two. When they can't, he opens a case file. His files have more than doubled since the clinic opened. The clinic soon will move into larger quarters. But Pomaro has bigger dreams, including satellite offices in Chicago's suburbs. "There's a lot of blind attorneys who need work," he says. "I can't be everywhere." From pattichang at att.net Wed Feb 10 19:30:56 2010 From: pattichang at att.net (Patti chang ) Date: Wed, 10 Feb 2010 13:30:56 -0600 Subject: [blindlaw] Visionary Work, ABA Journal, October 2009 Message-ID: Nfbi sponsored an intern to work here. Patti Gregory-Chang President, NFBI Sent from my KNFB mobile. -original message- Subject: [blindlaw] Visionary Work, ABA Journal, October 2009 From: "Nightingale, Noel" Date: 02/10/2010 12:20 PM Blindlaw listers: I spotted this article from the October 2009 ABA Journal about a legal clinic for the blind being run by a retired blind judge. Link: http://www.abajournal.com/magazine/article/visionary_work/ Text: Visionary Work Posted Oct 1, 2009 By Barbara Rose Demand for free legal help surges during hard times, but at one unusual legal clinic in Chicago the demand is always great. The Kane Legal Clinic was founded three years ago to provide pro bono services to the blind. Operated by the Chicago Lighthouse for People Who Are Blind or Visually Impaired, the clinic is believed to be the only one of its kind in the country. "I don't think, even in the blind community, people are aware how great a need there is," says Nicholas T. Pomaro, the clinic's director. "Seventy percent of capable blind people are unemployed. They can't afford to hire an attorney." "You gotta walk a mile in someone's shoes to know what it's like," he adds. By that standard Pomaro, 71, is certainly qualified. Blinded at the age of 6 by a blood clot that affected his optic nerve, Pomaro was a Cook County Circuit Court judge for 29 years before he retired in 2005 to launch the clinic. Pomaro and a part-time paralegal have helped hundreds of people with legal matters, including discrimination issues, criminal defense and personal injury. Most problems can be resolved by a phone call or two. When they can't, he opens a case file. His files have more than doubled since the clinic opened. The clinic soon will move into larger quarters. But Pomaro has bigger dreams, including satellite offices in Chicago's suburbs. "There's a lot of blind attorneys who need work," he says. "I can't be everywhere." _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/pattichang%40att.net From AZNOR99 at aol.com Wed Feb 10 22:23:30 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Wed, 10 Feb 2010 17:23:30 EST Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examine... Message-ID: <140b5.508b7d83.38a48be2@aol.com> Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate’s motion for preliminary injunction on Thursday, February 4, 2010. The court’s ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: “The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations.” The plaintiff, Stephanie Enyart, said: “A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams.” Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE’s refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart’s disability. In rejecting NCBE’s argument, the court’s ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people’s lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. From Noel.Nightingale at ed.gov Wed Feb 10 22:44:56 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Wed, 10 Feb 2010 16:44:56 -0600 Subject: [blindlaw] FW: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC Message-ID: ________________________________ From: CMPDL's Disability Discussion Docket (3D) [mailto:CMPDL-3D at MAIL.ABANET.ORG] On Behalf Of Phelan, William Sent: Tuesday, January 12, 2010 1:25 PM To: CMPDL-3D at MAIL.ABANET.ORG Subject: FW: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC For 1Ls and 2Ls in law school. William J. Phelan, IV, Esq. Special Projects and Technology Coordinator Commission on Mental and Physical Disability Law American Bar Association phelanw at staff.abanet.org www.abanet.org/disability ________________________________ From: Carrie Griffin Basas Sent: Tuesday, January 12, 2010 4:24 PM To: Phelan, William; Parry, John Subject: Fwd: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC Begin forwarded message: From: Eve L Hill > Date: January 12, 2010 2:14:21 PM CST To: ADRC at LISTSERV.SYR.EDU Subject: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC Reply-To: Association of Disability Rights Counsel > Hi all Attached is the announcement for the Burton Blatt Institute Summer Law & Policy Internship in Washington, DC. This is an 8-week program with a stipend of $5,000. It is open to 1st- and 2nd- year law students. Please distribute the announcement to law schools and law students. Thanks! Eve Eve Hill, Esq. Senior Vice President Burton Blatt Institute 1667 K St. NW Suite 640 Washington, DC 20006 (202) 296-2044 ehill at law.syr.edu This e-mail may contain confidential information that may also be legally privileged and that is intended only for the use of the Addressee(s) named above. If you are not the intended recipient or an authorized agent of the recipient, please be advised that any dissemination or copying of this e-mail, or taking of any action in reliance on the information contained herein, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by use of the Reply button, and then delete the e-mail from your system. Thank you! REMINDER: The ADRC listserv is intended to facilitate open discussion and sharing of ideas. Members need to feel confident that their discussions will not be distributed beyond the group unnecessarily. PLEASE CONSULT WITH THE SENDER(S) BEFORE FORWARDING ANY LISTSERV DISCUSSIONS BEYOND THE ADRC GROUP. --------- Going to respond to this message? Be sure to hit "Reply All" when doing so. [http://www.abanet.org/disability/images/3Dlogo.jpg] Disability Discussion Docket (3D) ABA Commission on Mental and Physical Disability Law http://www.abanet.org/disability --------- To leave this list at any time, please send a message to listserv at mail.abanet.org. In the body of the message type "sign off cmpdl-3d." If you have any questions about 3D or the CMPDL in general, please contact William Phelan at phelanw at staff.abanet.org. -------------- next part -------------- A non-text attachment was scrubbed... Name: BBI Internship 2010.docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 14952 bytes Desc: BBI Internship 2010.docx URL: -------------- next part -------------- An HTML attachment was scrubbed... URL: From JFreeh at nfb.org Thu Feb 11 11:43:33 2010 From: JFreeh at nfb.org (Freeh, Jessica) Date: Thu, 11 Feb 2010 05:43:33 -0600 Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate Message-ID: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com From b75205 at gmail.com Thu Feb 11 14:36:03 2010 From: b75205 at gmail.com (James Pepper) Date: Thu, 11 Feb 2010 08:36:03 -0600 Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate In-Reply-To: References: Message-ID: Does anyone have a copy of this exam, or a practice exam so i can demonstrate how to make it accessible? James G. Pepper On Thu, Feb 11, 2010 at 5:43 AM, Freeh, Jessica wrote: > > > FOR IMMEDIATE RELEASE > > > > CONTACT: > > Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. > 2330 > > Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 > > Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 > > Anna Levine, Disability Rights Advocates, (510) 665-8644 > > > > Federal Judge Orders the National Conference of Bar Examiners > to Provide Individualized Testing Accommodations > > to Blind Law School Graduate > > > > San Francisco, California (February 5, 2010): A federal court has ruled > that the National Conference of Bar Examiners (NCBE) will cause a blind law > school graduate irreparable harm unless it provides her the technology-based > testing accommodations she needs to take two exams required to become a > member of the State Bar of California. The court issued its ruling in an > order granting the law school graduate's motion for preliminary injunction > on Thursday, February 4, 2010. The court's ruling allows the plaintiff, > Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) > and March 2010 Multistate Professional Responsibility Examination (MPRE) on > a laptop computer equipped with the assistive technology software Ms. Enyart > relies upon for screen reading (JAWS) and screen magnification (ZoomText). > > > > Dr. Marc Maurer, President of the National Federation of the Blind, said: > "The National Federation of the Blind is extremely pleased with the ruling > in this case. Law and equity simply do not permit the NCBE to dictate a > one-size-fits-all solution for all bar candidates with disabilities. We > hope that this ruling will cause the NCBE to think long and hard before it > denies the requested accommodations of applicants to take its examinations." > > > > The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my > first request for accommodations on the March 2009 MPRE, and tonight I can > go to sleep knowing when and how I can effectively take the exams to fulfill > my dreams." > > > > Anna Levine of Disability Rights Advocates, an attorney representing the > plaintiff, said: "I hope that our hard-fought victory here will send a > message to testing organizations that they need to comply with the ADA and > provide each individual test taker with a disability the accommodations that > he or she needs to demonstrate his or her actual knowledge, skills, and > abilities." > > > > The suit was filed on November 3, 2009, due to the NCBE's refusal, on > multiple occasions during the past year, to allow Ms. Enyart to use the same > technology on the MBE and MPRE that she has used on university and law > school exams and in various jobs and internships. The suit charged that the > NCBE violated the Americans with Disabilities Act (ADA) and California's > Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. > > > > NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by > offering alternative accommodations, such as a human reader, notwithstanding > evidence that these alternatives did not, in fact, accommodate Ms. Enyart's > disability. In rejecting NCBE's argument, the court's ruling paves the way > for other individuals prevented from pursuing their professional dreams by > high stakes testing providers who take a rigid approach to disability > accommodations. > > > > The plaintiff is represented with the support of the National Federation of > the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, > Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further > represented by Disability Rights Advocates, a nonprofit law center that > specializes in civil rights cases on behalf of persons with disabilities, > based in Berkeley, California. > > > > > > ### > > > > About the National Federation of the Blind > > > > With more than 50,000 members, the National Federation of the Blind (NFB) > is the largest and most influential membership organization of blind people > in the United States. The NFB improves blind people's lives through > advocacy, education, research, technology, and programs encouraging > independence and self-confidence. It is the leading force in the blindness > field today and the voice of the nation's blind. In January 2004 the NFB > opened the National Federation of the Blind Jernigan Institute, the first > research and training center in the United States for the blind led by the > blind. > > > > __________ Information from ESET Smart Security, version of virus signature > database 4852 (20100209) __________ > > The message was checked by ESET Smart Security. > > http://www.eset.com > _______________________________________________ > 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: > > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/b75205%40gmail.com > From AZNOR99 at aol.com Thu Feb 11 15:47:16 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Thu, 11 Feb 2010 10:47:16 EST Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examiners ... Message-ID: <6a46.57ce51af.38a58084@aol.com> It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student’s Bar Exam Battle Isn’t Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com From DFrye at nfb.org Thu Feb 11 16:06:40 2010 From: DFrye at nfb.org (Frye, Dan) Date: Thu, 11 Feb 2010 11:06:40 -0500 Subject: [blindlaw] Stephanie's Case Message-ID: <7638A85981599142811F69FBB9508B6B0204C919@FPNTEXCBE01.services.local> Colleagues: I was disappointed to read the following article, indicating that the Bar Examiners plan to appeal the recent order in favor of Stephanie. The article follows: Bar exam firm appeals blind student's request Bob Egelko, Chronicle Staff Writer Thursday, February 11, 2010 (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the California bar exam has asked a federal appeals court to stop a blind law student from using computer-assisted reading devices in the test, which starts in two weeks. The company, the nonprofit National Conference of Bar Examiners, filed an emergency motion Tuesday asking the Ninth U.S. Circuit Court of Appeals in San Francisco to suspend a federal judge's order requiring the firm to accommodate Stephanie Enyart. Urgent action is needed, the company said, because Enyart might otherwise pass the test with computer assistance that she is not legally entitled to receive. Enyart works as a law clerk for Disability Rights Advocates in Berkeley and would suffer no hardship by waiting a few months for an appeals court to review the case, the company said. Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, called the request "flabbergasting ... irrational and mean-spirited." Enyart, 32, has been legally blind since 15 from macular degeneration and retinal dystrophy. As a UCLA law student, she took tests on a laptop with software that magnified the text and read the questions into earbuds. But she has not taken the bar exam because the nonprofit company, which administers the two multiple-choice portions of the California test, refused to allow the same arrangements. The company, which uses some of its questions on successive exams, said putting the test on a computer disk would expose its content to thieves. Its lawyers also argue that disabled students are not entitled to their preferred accommodations, only to those that provide reasonable access. The examiners offered a pencil-and-paper test with questions displayed on a large screen, a human reader and twice the usual three-day testing period. Enyart said she would become nauseous from having to look at the screen and needed the computer setup to have a fair chance of passing. U.S. District Judge Charles Breyer of San Francisco ordered the accommodations Jan. 29 and said the bar examiners could provide their own computer for increased security. The company said in Tuesday's motion that it still faces security risks from loading the questions into a laptop and shipping it to California. And although Breyer specified that his order applies only to Enyart, the company said other visually impaired students might take advantage of the ruling to demand their own preferred accommodations. E-mail Bob Egelko at begelko at sfchronicle.com . *********************** Daniel B. Frye, J.D. Editor The Braille Monitor National Federation of the Blind Office of the President 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: (410) 659-9314 Ext. 2208 Mobile: (410) 241-7006 Fax: (410) 685-5653 Email: DFrye at nfb.org Web Address: www.nfb.org "Voice of the Nation's Blind" From jsorozco at gmail.com Thu Feb 11 20:10:11 2010 From: jsorozco at gmail.com (Joe Orozco) Date: Thu, 11 Feb 2010 15:10:11 -0500 Subject: [blindlaw] Stephanie's Case In-Reply-To: <7638A85981599142811F69FBB9508B6B0204C919@FPNTEXCBE01.services.local> Message-ID: I'm not belittling Stephanie's case, but I guess I'm interested in something. I would have preferred to take the LSAT on a computer but took it in Braille instead. Could I have sued LSAC for not making the exam available on a computer, or is this a case where other students are allowed to take the Bar exam on a computer and Stephanie is not? Joe Orozco "Hard work spotlights the character of people: some turn up their sleeves, some turn up their noses, and some don't turn up at all."--Sam Ewing -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan Sent: Thursday, February 11, 2010 11:07 AM To: NFBnet Blind Law Mailing List Subject: [blindlaw] Stephanie's Case Colleagues: I was disappointed to read the following article, indicating that the Bar Examiners plan to appeal the recent order in favor of Stephanie. The article follows: Bar exam firm appeals blind student's request Bob Egelko, Chronicle Staff Writer Thursday, February 11, 2010 (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the California bar exam has asked a federal appeals court to stop a blind law student from using computer-assisted reading devices in the test, which starts in two weeks. The company, the nonprofit National Conference of Bar Examiners, filed an emergency motion Tuesday asking the Ninth U.S. Circuit Court of Appeals in San Francisco to suspend a federal judge's order requiring the firm to accommodate Stephanie Enyart. Urgent action is needed, the company said, because Enyart might otherwise pass the test with computer assistance that she is not legally entitled to receive. Enyart works as a law clerk for Disability Rights Advocates in Berkeley and would suffer no hardship by waiting a few months for an appeals court to review the case, the company said. Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, called the request "flabbergasting ... irrational and mean-spirited." Enyart, 32, has been legally blind since 15 from macular degeneration and retinal dystrophy. As a UCLA law student, she took tests on a laptop with software that magnified the text and read the questions into earbuds. But she has not taken the bar exam because the nonprofit company, which administers the two multiple-choice portions of the California test, refused to allow the same arrangements. The company, which uses some of its questions on successive exams, said putting the test on a computer disk would expose its content to thieves. Its lawyers also argue that disabled students are not entitled to their preferred accommodations, only to those that provide reasonable access. The examiners offered a pencil-and-paper test with questions displayed on a large screen, a human reader and twice the usual three-day testing period. Enyart said she would become nauseous from having to look at the screen and needed the computer setup to have a fair chance of passing. U.S. District Judge Charles Breyer of San Francisco ordered the accommodations Jan. 29 and said the bar examiners could provide their own computer for increased security. The company said in Tuesday's motion that it still faces security risks from loading the questions into a laptop and shipping it to California. And although Breyer specified that his order applies only to Enyart, the company said other visually impaired students might take advantage of the ruling to demand their own preferred accommodations. E-mail Bob Egelko at begelko at sfchronicle.com . *********************** Daniel B. Frye, J.D. Editor The Braille Monitor National Federation of the Blind Office of the President 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: (410) 659-9314 Ext. 2208 Mobile: (410) 241-7006 Fax: (410) 685-5653 Email: DFrye at nfb.org Web Address: www.nfb.org "Voice of the Nation's Blind" _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz co%40gmail.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com From cathrynisfinally at verizon.net Thu Feb 11 21:11:52 2010 From: cathrynisfinally at verizon.net (Cathryn Bonnette) Date: Thu, 11 Feb 2010 16:11:52 -0500 Subject: [blindlaw] Stephanie's Case In-Reply-To: References: <7638A85981599142811F69FBB9508B6B0204C919@FPNTEXCBE01.services.local> Message-ID: I took the essay exam using JAWS on a lap top with a human reader reading me the questions. This was not permitted on the Multistate part, and human readers could not read the questions accurately. When the net effect is limited access compared to normally sighted test takers, I believe the type of technology that allows equivalent access should not be allowed to remain an obstacle. Cathryn Bonnette -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Joe Orozco Sent: Thursday, February 11, 2010 3:10 PM To: 'NFBnet Blind Law Mailing List' Subject: Re: [blindlaw] Stephanie's Case I'm not belittling Stephanie's case, but I guess I'm interested in something. I would have preferred to take the LSAT on a computer but took it in Braille instead. Could I have sued LSAC for not making the exam available on a computer, or is this a case where other students are allowed to take the Bar exam on a computer and Stephanie is not? Joe Orozco "Hard work spotlights the character of people: some turn up their sleeves, some turn up their noses, and some don't turn up at all."--Sam Ewing -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan Sent: Thursday, February 11, 2010 11:07 AM To: NFBnet Blind Law Mailing List Subject: [blindlaw] Stephanie's Case Colleagues: I was disappointed to read the following article, indicating that the Bar Examiners plan to appeal the recent order in favor of Stephanie. The article follows: Bar exam firm appeals blind student's request Bob Egelko, Chronicle Staff Writer Thursday, February 11, 2010 (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the California bar exam has asked a federal appeals court to stop a blind law student from using computer-assisted reading devices in the test, which starts in two weeks. The company, the nonprofit National Conference of Bar Examiners, filed an emergency motion Tuesday asking the Ninth U.S. Circuit Court of Appeals in San Francisco to suspend a federal judge's order requiring the firm to accommodate Stephanie Enyart. Urgent action is needed, the company said, because Enyart might otherwise pass the test with computer assistance that she is not legally entitled to receive. Enyart works as a law clerk for Disability Rights Advocates in Berkeley and would suffer no hardship by waiting a few months for an appeals court to review the case, the company said. Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, called the request "flabbergasting ... irrational and mean-spirited." Enyart, 32, has been legally blind since 15 from macular degeneration and retinal dystrophy. As a UCLA law student, she took tests on a laptop with software that magnified the text and read the questions into earbuds. But she has not taken the bar exam because the nonprofit company, which administers the two multiple-choice portions of the California test, refused to allow the same arrangements. The company, which uses some of its questions on successive exams, said putting the test on a computer disk would expose its content to thieves. Its lawyers also argue that disabled students are not entitled to their preferred accommodations, only to those that provide reasonable access. The examiners offered a pencil-and-paper test with questions displayed on a large screen, a human reader and twice the usual three-day testing period. Enyart said she would become nauseous from having to look at the screen and needed the computer setup to have a fair chance of passing. U.S. District Judge Charles Breyer of San Francisco ordered the accommodations Jan. 29 and said the bar examiners could provide their own computer for increased security. The company said in Tuesday's motion that it still faces security risks from loading the questions into a laptop and shipping it to California. And although Breyer specified that his order applies only to Enyart, the company said other visually impaired students might take advantage of the ruling to demand their own preferred accommodations. E-mail Bob Egelko at begelko at sfchronicle.com . *********************** Daniel B. Frye, J.D. Editor The Braille Monitor National Federation of the Blind Office of the President 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: (410) 659-9314 Ext. 2208 Mobile: (410) 241-7006 Fax: (410) 685-5653 Email: DFrye at nfb.org Web Address: www.nfb.org "Voice of the Nation's Blind" _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz co%40gmail.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2681 - Release Date: 02/11/10 16:09:00 From joltingjacksandefur at gmail.com Thu Feb 11 21:28:17 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Thu, 11 Feb 2010 16:28:17 -0500 Subject: [blindlaw] Stephanie's Case References: Message-ID: <01F5FBF028E946B4B5C041CAEED35D3D@hometwxakonvzn> How does Florida deal with this issue? RJ ----- Original Message ----- From: "Joe Orozco" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 3:10 PM Subject: Re: [blindlaw] Stephanie's Case > I'm not belittling Stephanie's case, but I guess I'm interested in > something. I would have preferred to take the LSAT on a computer but took > it in Braille instead. Could I have sued LSAC for not making the exam > available on a computer, or is this a case where other students are > allowed > to take the Bar exam on a computer and Stephanie is not? > > Joe Orozco > > "Hard work spotlights the character of people: some turn up their sleeves, > some turn up their noses, and some don't turn up at all."--Sam Ewing > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org > [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan > Sent: Thursday, February 11, 2010 11:07 AM > To: NFBnet Blind Law Mailing List > Subject: [blindlaw] Stephanie's Case > > Colleagues: > > I was disappointed to read the following article, indicating that the > Bar Examiners plan to appeal the recent order in favor of Stephanie. The > article follows: > > > Bar exam firm appeals blind student's request > > > Bob Egelko, Chronicle Staff Writer > > Thursday, February 11, 2010 > > (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the > California bar exam has asked a federal appeals court to stop a blind > law student from using computer-assisted reading devices in the test, > which starts in two weeks. > > The company, the nonprofit National Conference of Bar Examiners, filed > an emergency motion Tuesday asking the Ninth U.S. Circuit Court of > Appeals in San Francisco to suspend a federal judge's order requiring > the firm to accommodate Stephanie Enyart. > > Urgent action is needed, the company said, because Enyart might > otherwise pass the test with computer assistance that she is not legally > entitled to receive. Enyart works as a law clerk for Disability Rights > Advocates in Berkeley and would suffer no hardship by waiting a few > months for an appeals court to review the case, the company said. > > Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, > called the request "flabbergasting ... irrational and mean-spirited." > > Enyart, 32, has been legally blind since 15 from macular degeneration > and retinal dystrophy. As a UCLA law student, she took tests on a laptop > with software that magnified the text and read the questions into > earbuds. > > But she has not taken the bar exam because the nonprofit company, which > administers the two multiple-choice portions of the California test, > refused to allow the same arrangements. > > The company, which uses some of its questions on successive exams, said > putting the test on a computer disk would expose its content to thieves. > Its lawyers also argue that disabled students are not entitled to their > preferred accommodations, only to those that provide reasonable access. > > The examiners offered a pencil-and-paper test with questions displayed > on a large screen, a human reader and twice the usual three-day testing > period. Enyart said she would become nauseous from having to look at the > screen and needed the computer setup to have a fair chance of passing. > > U.S. District Judge Charles Breyer of San Francisco ordered the > accommodations Jan. 29 and said the bar examiners could provide their > own computer for increased security. > > The company said in Tuesday's motion that it still faces security risks > from loading the questions into a laptop and shipping it to California. > And although Breyer specified that his order applies only to Enyart, the > company said other visually impaired students might take advantage of > the ruling to demand their own preferred accommodations. > > E-mail Bob Egelko at begelko at sfchronicle.com > . > > > *********************** > Daniel B. Frye, J.D. > Editor > The Braille Monitor > National Federation of the Blind > Office of the President > 200 East Wells Street at Jernigan Place > Baltimore, Maryland 21230 > Telephone: (410) 659-9314 Ext. 2208 > Mobile: (410) 241-7006 > Fax: (410) 685-5653 > Email: DFrye at nfb.org > Web Address: www.nfb.org > "Voice of the Nation's Blind" > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz > co%40gmail.com > > > __________ Information from ESET NOD32 Antivirus, version of > virus signature database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From goldflash9 at sbcglobal.net Thu Feb 11 21:53:18 2010 From: goldflash9 at sbcglobal.net (Sarah Clark) Date: Thu, 11 Feb 2010 13:53:18 -0800 Subject: [blindlaw] Stephanie's Case References: Message-ID: <00da01caab64$9f1715d0$6701a8c0@computer2> I don't know if they've allowed others to take the exam on a computer, but I know one thing. The next time I take any kind of standardized exam I am requiring them to either allow me to bring my own reader, or allow me to take it on a computer with Jaws. I very recently took a standardized professional exam with a reader that I was assured by the test administrators could read. Even after I brought my concerns about using a human reader to the administrators prior to the exam, they would not let me bring my own reader, nor would they let me speak to the reader ahead of time to ensure that the person could read. As it turns out, the person could not read. She was probably the worst "reader" I had ever met. The entire exam turned into a disaster and one of the most horrific experiences of my life. I will never again trust an organization's judgement of the quality of the readers they use. To them, their readers are all good. Yet it is a fact that they have taken no concrete measures to ensure this to be the case. I did pass the exam somehow, but I will never again allow myself to be put into a situation like that. Sarah ----- Original Message ----- From: "Joe Orozco" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 12:10 PM Subject: Re: [blindlaw] Stephanie's Case > I'm not belittling Stephanie's case, but I guess I'm interested in > something. I would have preferred to take the LSAT on a computer but took > it in Braille instead. Could I have sued LSAC for not making the exam > available on a computer, or is this a case where other students are > allowed > to take the Bar exam on a computer and Stephanie is not? > > Joe Orozco > > "Hard work spotlights the character of people: some turn up their sleeves, > some turn up their noses, and some don't turn up at all."--Sam Ewing > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org > [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan > Sent: Thursday, February 11, 2010 11:07 AM > To: NFBnet Blind Law Mailing List > Subject: [blindlaw] Stephanie's Case > > Colleagues: > > I was disappointed to read the following article, indicating that the > Bar Examiners plan to appeal the recent order in favor of Stephanie. The > article follows: > > > Bar exam firm appeals blind student's request > > > Bob Egelko, Chronicle Staff Writer > > Thursday, February 11, 2010 > > (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the > California bar exam has asked a federal appeals court to stop a blind > law student from using computer-assisted reading devices in the test, > which starts in two weeks. > > The company, the nonprofit National Conference of Bar Examiners, filed > an emergency motion Tuesday asking the Ninth U.S. Circuit Court of > Appeals in San Francisco to suspend a federal judge's order requiring > the firm to accommodate Stephanie Enyart. > > Urgent action is needed, the company said, because Enyart might > otherwise pass the test with computer assistance that she is not legally > entitled to receive. Enyart works as a law clerk for Disability Rights > Advocates in Berkeley and would suffer no hardship by waiting a few > months for an appeals court to review the case, the company said. > > Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, > called the request "flabbergasting ... irrational and mean-spirited." > > Enyart, 32, has been legally blind since 15 from macular degeneration > and retinal dystrophy. As a UCLA law student, she took tests on a laptop > with software that magnified the text and read the questions into > earbuds. > > But she has not taken the bar exam because the nonprofit company, which > administers the two multiple-choice portions of the California test, > refused to allow the same arrangements. > > The company, which uses some of its questions on successive exams, said > putting the test on a computer disk would expose its content to thieves. > Its lawyers also argue that disabled students are not entitled to their > preferred accommodations, only to those that provide reasonable access. > > The examiners offered a pencil-and-paper test with questions displayed > on a large screen, a human reader and twice the usual three-day testing > period. Enyart said she would become nauseous from having to look at the > screen and needed the computer setup to have a fair chance of passing. > > U.S. District Judge Charles Breyer of San Francisco ordered the > accommodations Jan. 29 and said the bar examiners could provide their > own computer for increased security. > > The company said in Tuesday's motion that it still faces security risks > from loading the questions into a laptop and shipping it to California. > And although Breyer specified that his order applies only to Enyart, the > company said other visually impaired students might take advantage of > the ruling to demand their own preferred accommodations. > > E-mail Bob Egelko at begelko at sfchronicle.com > . > > > *********************** > Daniel B. Frye, J.D. > Editor > The Braille Monitor > National Federation of the Blind > Office of the President > 200 East Wells Street at Jernigan Place > Baltimore, Maryland 21230 > Telephone: (410) 659-9314 Ext. 2208 > Mobile: (410) 241-7006 > Fax: (410) 685-5653 > Email: DFrye at nfb.org > Web Address: www.nfb.org > "Voice of the Nation's Blind" > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz > co%40gmail.com > > > __________ Information from ESET NOD32 Antivirus, version of > virus signature database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/goldflash9%40sbcglobal.net From cdanielsen8 at aol.com Fri Feb 12 00:14:05 2010 From: cdanielsen8 at aol.com (Chris Danielsen) Date: Thu, 11 Feb 2010 19:14:05 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... In-Reply-To: <6a46.57ce51af.38a58084@aol.com> References: <6a46.57ce51af.38a58084@aol.com> Message-ID: These guys are so gonna lose. How can they argue that waiting for appellate review will not harm Stephanie? It puts her career on hold. Sure, she has a job, but her opportunities would be greater financially and otherwise if she were licensed. I cannot see how they win on the merits. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 10:47 AM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com From cdanielsen8 at aol.com Fri Feb 12 00:22:33 2010 From: cdanielsen8 at aol.com (Chris Danielsen) Date: Thu, 11 Feb 2010 19:22:33 -0500 Subject: [blindlaw] Stephanie's Case In-Reply-To: <00da01caab64$9f1715d0$6701a8c0@computer2> References: <00da01caab64$9f1715d0$6701a8c0@computer2> Message-ID: I believe I have told this list before about my experience taking the bar exam. I was permitted to take the essay portion of my state's bar exam on a computer, with the questions provided to me in Braille. The multistate was also provided in Braille but a human reader had to fill in the answers. I was fine with the Braille copy but had I not been a proficient Braille reader and if the reader they gave me had been allowed to read to me, I shudder to think what would have happened. The fellow had only a high school diploma. He literally told me to call him Bubba. He was forty years old and still lived with his mom. A couple of times during the essay portion, the examiners revised the questions slightly; they sent a runner from another exam site to those of us with disabilities who were taking the exam at the South Carolina Supreme Court. Bubba had great difficulty reading the revisions but fortunately I could compare what he told me to the Braille questions and figure out what had been changed. I was lucky and passed, but I am still shocked that I had such a poor reader. He was a nice fellow and I have nothing against him, but no way was he qualified to be a reader for a blind person taking the bar exam. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Sarah Clark Sent: Thursday, February 11, 2010 4:53 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] Stephanie's Case I don't know if they've allowed others to take the exam on a computer, but I know one thing. The next time I take any kind of standardized exam I am requiring them to either allow me to bring my own reader, or allow me to take it on a computer with Jaws. I very recently took a standardized professional exam with a reader that I was assured by the test administrators could read. Even after I brought my concerns about using a human reader to the administrators prior to the exam, they would not let me bring my own reader, nor would they let me speak to the reader ahead of time to ensure that the person could read. As it turns out, the person could not read. She was probably the worst "reader" I had ever met. The entire exam turned into a disaster and one of the most horrific experiences of my life. I will never again trust an organization's judgement of the quality of the readers they use. To them, their readers are all good. Yet it is a fact that they have taken no concrete measures to ensure this to be the case. I did pass the exam somehow, but I will never again allow myself to be put into a situation like that. Sarah ----- Original Message ----- From: "Joe Orozco" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 12:10 PM Subject: Re: [blindlaw] Stephanie's Case > I'm not belittling Stephanie's case, but I guess I'm interested in > something. I would have preferred to take the LSAT on a computer but took > it in Braille instead. Could I have sued LSAC for not making the exam > available on a computer, or is this a case where other students are > allowed > to take the Bar exam on a computer and Stephanie is not? > > Joe Orozco > > "Hard work spotlights the character of people: some turn up their sleeves, > some turn up their noses, and some don't turn up at all."--Sam Ewing > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org > [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan > Sent: Thursday, February 11, 2010 11:07 AM > To: NFBnet Blind Law Mailing List > Subject: [blindlaw] Stephanie's Case > > Colleagues: > > I was disappointed to read the following article, indicating that the > Bar Examiners plan to appeal the recent order in favor of Stephanie. The > article follows: > > > Bar exam firm appeals blind student's request > > > Bob Egelko, Chronicle Staff Writer > > Thursday, February 11, 2010 > > (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the > California bar exam has asked a federal appeals court to stop a blind > law student from using computer-assisted reading devices in the test, > which starts in two weeks. > > The company, the nonprofit National Conference of Bar Examiners, filed > an emergency motion Tuesday asking the Ninth U.S. Circuit Court of > Appeals in San Francisco to suspend a federal judge's order requiring > the firm to accommodate Stephanie Enyart. > > Urgent action is needed, the company said, because Enyart might > otherwise pass the test with computer assistance that she is not legally > entitled to receive. Enyart works as a law clerk for Disability Rights > Advocates in Berkeley and would suffer no hardship by waiting a few > months for an appeals court to review the case, the company said. > > Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, > called the request "flabbergasting ... irrational and mean-spirited." > > Enyart, 32, has been legally blind since 15 from macular degeneration > and retinal dystrophy. As a UCLA law student, she took tests on a laptop > with software that magnified the text and read the questions into > earbuds. > > But she has not taken the bar exam because the nonprofit company, which > administers the two multiple-choice portions of the California test, > refused to allow the same arrangements. > > The company, which uses some of its questions on successive exams, said > putting the test on a computer disk would expose its content to thieves. > Its lawyers also argue that disabled students are not entitled to their > preferred accommodations, only to those that provide reasonable access. > > The examiners offered a pencil-and-paper test with questions displayed > on a large screen, a human reader and twice the usual three-day testing > period. Enyart said she would become nauseous from having to look at the > screen and needed the computer setup to have a fair chance of passing. > > U.S. District Judge Charles Breyer of San Francisco ordered the > accommodations Jan. 29 and said the bar examiners could provide their > own computer for increased security. > > The company said in Tuesday's motion that it still faces security risks > from loading the questions into a laptop and shipping it to California. > And although Breyer specified that his order applies only to Enyart, the > company said other visually impaired students might take advantage of > the ruling to demand their own preferred accommodations. > > E-mail Bob Egelko at begelko at sfchronicle.com > . > > > *********************** > Daniel B. Frye, J.D. > Editor > The Braille Monitor > National Federation of the Blind > Office of the President > 200 East Wells Street at Jernigan Place > Baltimore, Maryland 21230 > Telephone: (410) 659-9314 Ext. 2208 > Mobile: (410) 241-7006 > Fax: (410) 685-5653 > Email: DFrye at nfb.org > Web Address: www.nfb.org > "Voice of the Nation's Blind" > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz > co%40gmail.com > > > __________ Information from ESET NOD32 Antivirus, version of > virus signature database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/goldflash9%40sbcgl obal.net _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com From AZNOR99 at aol.com Fri Feb 12 00:31:48 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Thu, 11 Feb 2010 19:31:48 EST Subject: [blindlaw] Federal Judge Orders the National Conference of BarExaminers . Message-ID: <18a60.778f4fd7.38a5fb74@aol.com> I believe clerkships such as hers have a time limit, so it's pretty likely she won't have a job for long. She's already had to wait over a year for the NCBE, meaning her life has been in limbo, her earned income potential is lower than had she taken and passed a Bar Exam, and her future is uncertain. And really, if they're so worried about their security, then why are States providing their essay exams in electronic format? That's saying nothing of Government Agency employment exams, the Foreign Service Exam, and tests such as AP and CLEP. Why can't they incrypt the data like government agencies and corporations do? Keep fighting, Stephanie! Common sense will succeed in the end. Ronza In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time, cdanielsen8 at aol.com writes: These guys are so gonna lose. How can they argue that waiting for appellate review will not harm Stephanie? It puts her career on hold. Sure, she has a job, but her opportunities would be greater financially and otherwise if she were licensed. I cannot see how they win on the merits. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 10:47 AM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com From joltingjacksandefur at gmail.com Fri Feb 12 00:51:09 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Thu, 11 Feb 2010 19:51:09 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers ... References: <6a46.57ce51af.38a58084@aol.com> Message-ID: Stephanie, are you willing to take this up to the supreme court if need be? ----- Original Message ----- From: "Chris Danielsen" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 7:14 PM Subject: Re: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers ... > These guys are so gonna lose. How can they argue that waiting for > appellate > review will not harm Stephanie? It puts her career on hold. Sure, she has > a > job, but her opportunities would be greater financially and otherwise if > she > were licensed. I cannot see how they win on the merits. > > Chris > > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On > Behalf Of AZNOR99 at aol.com > Sent: Thursday, February 11, 2010 10:47 AM > To: blindlaw at nfbnet.org > Subject: Re: [blindlaw] Federal Judge Orders the National Conference of > BarExaminers ... > > It's not over yet. See article below from ABA Journal. > _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) > > > Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th > Cir. Software Ban > > > A federal judge's ruling last month that Stephanie Enyart must be allowed > to use screen-reader software when taking the Multistate Bar Examination > might not be the final answer for the blind law graduate. > In a filing yesterday, the National Conference of Bar Examiners seeks an > emergency ruling from the San Francisco-based 9th U.S. Circuit Court of > Appeals suspending a district court order that Enyart must be allowed to > use > the software during the California bar exam later this month, the _San > Francisco Chronicle_ > (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) > reports. > The NCBE, which administers the test throughout the country, contends that > having to wait a few more months for appellate review of the federal > district court's decision in Enyart's favor would not pose a hardship to > her, the > newspaper says. > Attorney Anna Levine of Disability Rights Advocates represents Enyart. She > calls the appellate filing "flabbergasting ... irrational and > mean-spirited." > The NCBE objects to the software, which magnifies the test text and reads > the material into earbuds worn by the user because of security concerns. > Enyart says that a human reader, which the NCBE would permit, is less > efficient at the job and a potential distraction during the exam. > Earlier coverage: > > > In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, > JFreeh at nfb.org writes: > > > > FOR IMMEDIATE RELEASE > > > > CONTACT: > > Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. > 2330 > > Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 > > Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 > > Anna Levine, Disability Rights Advocates, (510) 665-8644 > > > > Federal Judge Orders the National Conference of Bar Examiners > to Provide Individualized Testing Accommodations > > to Blind Law School Graduate > > > > San Francisco, California (February 5, 2010): A federal court has > ruled that the National Conference of Bar Examiners (NCBE) will cause > a blind law school graduate irreparable harm unless it provides her > the technology-based testing accommodations she needs to take two > exams required to become a member of the State Bar of > California. The court issued its ruling in an order granting the law > school graduate's motion for preliminary injunction on Thursday, > February 4, 2010. The court's ruling allows the plaintiff, Stephanie > Enyart, to take the February 2010 Multistate Bar Examination (MBE) > and March 2010 Multistate Professional Responsibility Examination > (MPRE) on a laptop computer equipped with the assistive technology > software Ms. Enyart relies upon for screen reading (JAWS) and screen > magnification (ZoomText). > > > > Dr. Marc Maurer, President of the National Federation of the Blind, > said: "The National Federation of the Blind is extremely pleased with > the ruling in this case. Law and equity simply do not permit the > NCBE to dictate a one-size-fits-all solution for all bar candidates > with disabilities. We hope that this ruling will cause the NCBE to > think long and hard before it denies the requested accommodations of > applicants to take its examinations." > > > > The plaintiff, Stephanie Enyart, said: "A little over a year ago I > sent my first request for accommodations on the March 2009 MPRE, and > tonight I can go to sleep knowing when and how I can effectively take > the exams to fulfill my dreams." > > > > Anna Levine of Disability Rights Advocates, an attorney representing > the plaintiff, said: "I hope that our hard-fought victory here will > send a message to testing organizations that they need to comply with > the ADA and provide each individual test taker with a disability the > accommodations that he or she needs to demonstrate his or her actual > knowledge, skills, and abilities." > > > > The suit was filed on November 3, 2009, due to the NCBE's refusal, on > multiple occasions during the past year, to allow Ms. Enyart to use > the same technology on the MBE and MPRE that she has used on > university and law school exams and in various jobs and > internships. The suit charged that the NCBE violated the Americans > with Disabilities Act (ADA) and California's Unruh Civil Rights Act > by denying accommodations on the MBE and the MPRE. > > > > NCBE had argued that it fulfilled its legal obligations to Ms. Enyart > by offering alternative accommodations, such as a human reader, > notwithstanding evidence that these alternatives did not, in fact, > accommodate Ms. Enyart's disability. In rejecting NCBE's argument, > the court's ruling paves the way for other individuals prevented from > pursuing their professional dreams by high stakes testing providers > who take a rigid approach to disability accommodations. > > > > The plaintiff is represented with the support of the National > Federation of the Blind by LaBarre Law Offices, P.C., in Denver, > Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, > Maryland. The plaintiff is further represented by Disability Rights > Advocates, a nonprofit law center that specializes in civil rights > cases on behalf of persons with disabilities, based in Berkeley, > California. > > > > > > ### > > > > About the National Federation of the Blind > > > > With more than 50,000 members, the National Federation of the Blind > (NFB) is the largest and most influential membership organization of > blind people in the United States. The NFB improves blind people's > lives through advocacy, education, research, technology, and programs > encouraging independence and self-confidence. It is the leading > force in the blindness field today and the voice of the nation's > blind. In January 2004 the NFB opened the National Federation of the > Blind Jernigan Institute, the first research and training center in > the United States for the blind led by the blind. > > > > __________ Information from ESET Smart Security, version of virus > signature database 4852 (20100209) __________ > > The message was checked by ESET Smart Security. > > http://www.eset.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. > com > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From mikefry79 at gmail.com Fri Feb 12 03:01:27 2010 From: mikefry79 at gmail.com (Michael Fry) Date: Thu, 11 Feb 2010 19:01:27 -0800 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers ... In-Reply-To: References: <6a46.57ce51af.38a58084@aol.com> Message-ID: <8c58e54a1002111901v1c390e27wb70e855e7a7c6ec7@mail.gmail.com> Glad to see that your fighting to make things better for all of us, Staphnie. You're awesome. By not taking the easy way out, you're sending a message that it's not okay to block new technology that makes the lives of people with disabilities better. The defendants want to forstall the application of technology that will alleviate a small part of the visually impaired's suffering, albeit a small amount of suffering. They want to do this because of some supposed hypothetical security threat. They want to shift the burden of proof from them proving that the software posses a threat to you proving that the software is safe. It's impossible to prove a negative, i.e. that the software is safe. This here is a small example of the precautionary principal at work. The precatuionary principal is the enemy of people with disabilities. I tell you all right now, this neo-luddite way of thinking is more dangerous to people with disabilities than it is to anyone else. I wish you could sue them for damages instead of just injuctive relief. Teach these b$#%ards a lesson to think twice before denying a legitimate accomodation request. On Thu, Feb 11, 2010 at 4:51 PM, RJ Sandefur wrote: > Stephanie, are you willing to take this up to the supreme court if need be? > ----- Original Message ----- From: "Chris Danielsen" > To: "'NFBnet Blind Law Mailing List'" > Sent: Thursday, February 11, 2010 7:14 PM > > Subject: Re: [blindlaw] Federal Judge Orders the National Conference > ofBarExaminers ... > > > These guys are so gonna lose. How can they argue that waiting for >> appellate >> review will not harm Stephanie? It puts her career on hold. Sure, she has >> a >> job, but her opportunities would be greater financially and otherwise if >> she >> were licensed. I cannot see how they win on the merits. >> >> Chris >> >> >> -----Original Message----- >> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On >> Behalf Of AZNOR99 at aol.com >> Sent: Thursday, February 11, 2010 10:47 AM >> To: blindlaw at nfbnet.org >> Subject: Re: [blindlaw] Federal Judge Orders the National Conference of >> BarExaminers ... >> >> It's not over yet. See article below from ABA Journal. >> _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) >> >> >> Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th >> Cir. Software Ban >> >> >> A federal judge's ruling last month that Stephanie Enyart must be allowed >> to use screen-reader software when taking the Multistate Bar Examination >> might not be the final answer for the blind law graduate. >> In a filing yesterday, the National Conference of Bar Examiners seeks an >> emergency ruling from the San Francisco-based 9th U.S. Circuit Court of >> Appeals suspending a district court order that Enyart must be allowed to >> use >> the software during the California bar exam later this month, the _San >> Francisco Chronicle_ >> ( >> http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL >> ) >> reports. >> The NCBE, which administers the test throughout the country, contends that >> having to wait a few more months for appellate review of the federal >> district court's decision in Enyart's favor would not pose a hardship to >> her, the >> newspaper says. >> Attorney Anna Levine of Disability Rights Advocates represents Enyart. She >> calls the appellate filing "flabbergasting ... irrational and >> mean-spirited." >> The NCBE objects to the software, which magnifies the test text and reads >> the material into earbuds worn by the user because of security concerns. >> Enyart says that a human reader, which the NCBE would permit, is less >> efficient at the job and a potential distraction during the exam. >> Earlier coverage: >> >> >> In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, >> JFreeh at nfb.org writes: >> >> >> >> FOR IMMEDIATE RELEASE >> >> >> >> CONTACT: >> >> Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. >> 2330 >> >> Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 >> >> Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 >> >> Anna Levine, Disability Rights Advocates, (510) 665-8644 >> >> >> >> Federal Judge Orders the National Conference of Bar Examiners >> to Provide Individualized Testing Accommodations >> >> to Blind Law School Graduate >> >> >> >> San Francisco, California (February 5, 2010): A federal court has >> ruled that the National Conference of Bar Examiners (NCBE) will cause >> a blind law school graduate irreparable harm unless it provides her >> the technology-based testing accommodations she needs to take two >> exams required to become a member of the State Bar of >> California. The court issued its ruling in an order granting the law >> school graduate's motion for preliminary injunction on Thursday, >> February 4, 2010. The court's ruling allows the plaintiff, Stephanie >> Enyart, to take the February 2010 Multistate Bar Examination (MBE) >> and March 2010 Multistate Professional Responsibility Examination >> (MPRE) on a laptop computer equipped with the assistive technology >> software Ms. Enyart relies upon for screen reading (JAWS) and screen >> magnification (ZoomText). >> >> >> >> Dr. Marc Maurer, President of the National Federation of the Blind, >> said: "The National Federation of the Blind is extremely pleased with >> the ruling in this case. Law and equity simply do not permit the >> NCBE to dictate a one-size-fits-all solution for all bar candidates >> with disabilities. We hope that this ruling will cause the NCBE to >> think long and hard before it denies the requested accommodations of >> applicants to take its examinations." >> >> >> >> The plaintiff, Stephanie Enyart, said: "A little over a year ago I >> sent my first request for accommodations on the March 2009 MPRE, and >> tonight I can go to sleep knowing when and how I can effectively take >> the exams to fulfill my dreams." >> >> >> >> Anna Levine of Disability Rights Advocates, an attorney representing >> the plaintiff, said: "I hope that our hard-fought victory here will >> send a message to testing organizations that they need to comply with >> the ADA and provide each individual test taker with a disability the >> accommodations that he or she needs to demonstrate his or her actual >> knowledge, skills, and abilities." >> >> >> >> The suit was filed on November 3, 2009, due to the NCBE's refusal, on >> multiple occasions during the past year, to allow Ms. Enyart to use >> the same technology on the MBE and MPRE that she has used on >> university and law school exams and in various jobs and >> internships. The suit charged that the NCBE violated the Americans >> with Disabilities Act (ADA) and California's Unruh Civil Rights Act >> by denying accommodations on the MBE and the MPRE. >> >> >> >> NCBE had argued that it fulfilled its legal obligations to Ms. Enyart >> by offering alternative accommodations, such as a human reader, >> notwithstanding evidence that these alternatives did not, in fact, >> accommodate Ms. Enyart's disability. In rejecting NCBE's argument, >> the court's ruling paves the way for other individuals prevented from >> pursuing their professional dreams by high stakes testing providers >> who take a rigid approach to disability accommodations. >> >> >> >> The plaintiff is represented with the support of the National >> Federation of the Blind by LaBarre Law Offices, P.C., in Denver, >> Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, >> Maryland. The plaintiff is further represented by Disability Rights >> Advocates, a nonprofit law center that specializes in civil rights >> cases on behalf of persons with disabilities, based in Berkeley, >> California. >> >> >> >> >> >> ### >> >> >> >> About the National Federation of the Blind >> >> >> >> With more than 50,000 members, the National Federation of the Blind >> (NFB) is the largest and most influential membership organization of >> blind people in the United States. The NFB improves blind people's >> lives through advocacy, education, research, technology, and programs >> encouraging independence and self-confidence. It is the leading >> force in the blindness field today and the voice of the nation's >> blind. In January 2004 the NFB opened the National Federation of the >> Blind Jernigan Institute, the first research and training center in >> the United States for the blind led by the blind. >> >> >> >> __________ Information from ESET Smart Security, version of virus >> signature database 4852 (20100209) __________ >> >> The message was checked by ESET Smart Security. >> >> http://www.eset.com >> _______________________________________________ >> 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: >> >> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com >> _______________________________________________ >> 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: >> >> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol >> . >> com >> >> >> __________ Information from ESET NOD32 Antivirus, version of virus >> signature >> database 4859 (20100211) __________ >> >> The message was checked by ESET NOD32 Antivirus. >> >> http://www.eset.com >> >> >> >> _______________________________________________ >> 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: >> >> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com >> > > > _______________________________________________ > 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: > > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mikefry79%40gmail.com > From invite+20f0zs_6 at facebookmail.com Fri Feb 12 04:08:30 2010 From: invite+20f0zs_6 at facebookmail.com (Chikodinaka Oguledo) Date: Thu, 11 Feb 2010 20:08:30 -0800 Subject: [blindlaw] Take a look at my photos on Facebook Message-ID: <29cbdb714bd9073c31eaa5c3529da291@www.facebook.com> Hi Blindlaw, I set up a Facebook Profile where I can post my pictures, videos and events and I want to add you as a friend so you can see it. First, you need to join Facebook! Once you join, you can also create your own profile. Thanks, Chikodinaka To join Facebook, please follow the link below: http://www.facebook.com/p.php?i=1151012561&k=Z514Y6U5S6TFYGBHXEW3Y5PQUPJGXZ61&r Already have an account? Add this email address to your account http://www.facebook.com/n/?merge_accounts.php&e=blindlaw at nfbnet.org&c=fe7d097b8b9bd7cf845b650ceaed5d29.blindlaw at nfbnet.org was invited to join Facebook by Chikodinaka Oguledo. If you do not wish to receive this type of email from Facebook in the future, please click on the link below to unsubscribe. http://www.facebook.com/o.php?k=27e3b6&u=1656897808&mid=1ded16cG62c24110G0G8 Facebook's offices are located at 1601 S. California Ave., Palo Alto, CA 94304. From mdubin at pobox.com Fri Feb 12 09:41:44 2010 From: mdubin at pobox.com (Marc Dubin) Date: Fri, 12 Feb 2010 01:41:44 -0800 Subject: [blindlaw] The CIL's Advocacy Blog has some new, easy to remember addresses -- and some new Advocacy Committees -- Visit and get involved Message-ID: <5A25DC99048B6F43BF1B0D75457F7C6924F65FD005@EXVMBX016-1.exch016.msoutlookonline.net> 2/12/10: The CIL of South Florida's Advocacy Blog is a way to stay informed, and to get involved. Visit www.adaadvocacyblog.org or www.ciladvocacyblog.org. Please link to us. Please tell others. We also have formed Advocacy Committees. Join a Committee, and get involved. Visit http://cilsfla.blogspot.com/2010/02/advocacy-committeesworking-groups.html Marc Marc Dubin, Esq. Director of Advocacy, Center for Independent Living of South Florida www.ciladvocacyblog.org www.dvsacblog.org mdubin at pobox.com Mobile: 305-896-3000 Fax: 877-731-3030 Former Senior Trial Attorney, U.S. Department of Justice Civil Rights Division, Disability Rights Section- 1993-2005 www.ada.gov Former Special Counsel, Office on Violence Against Women, USDOJ Founder & Executive Director, CAVNET www.cavnet.org Available for consultation on matters involving the Americans with Disabilities Act or on matters involving violence against women "Several years ago, I worked with Marc in resolving a complaint against a local arts organization concerning accessibility. I found Marc to be thoroughly professional, an expert on the ADA, and a fine example of what an attorney advocating for his client can accomplish." Betty Siegel, Director of Accessibility at the John F. Kennedy Center for the Performing Arts, Washington, D.C. "We appreciate your passion ... We see you as a partner and a friend for all the feedback that you have given us..." Marriott Hotel "Marc's style of negotiation is excellent. He offers concerns and information about possible violations of the law, time and time again, challenging one to improve services to people with disabilities and providing the tools and contacts to do so.... I have found him to be thoroughly professional, well-informed, very well-connected, and an asset to my efforts to enhance services to the disability community...." Joe Kocy, formerly the Broward County Administrator's Special Assistant for Housing From joltingjacksandefur at gmail.com Fri Feb 12 10:25:21 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Fri, 12 Feb 2010 05:25:21 -0500 Subject: [blindlaw] The CIL's Advocacy Blog has some new, easy to remember addresses -- and some new Advocacy Committees -- Visit and get involved References: <5A25DC99048B6F43BF1B0D75457F7C6924F65FD005@EXVMBX016-1.exch016.msoutlookonline.net> Message-ID: <93A0DEAEA45148218411B28D45A449C5@hometwxakonvzn> Are their any other Lawyers from Florida on this list? RJ ----- Original Message ----- From: "Marc Dubin" To: Sent: Friday, February 12, 2010 4:41 AM Subject: [blindlaw] The CIL's Advocacy Blog has some new, easy to remember addresses -- and some new Advocacy Committees -- Visit and get involved > 2/12/10: > > The CIL of South Florida's Advocacy Blog is a way to stay informed, and to > get involved. Visit > www.adaadvocacyblog.org or > www.ciladvocacyblog.org. Please link to > us. Please tell others. > > We also have formed Advocacy Committees. Join a Committee, and get > involved. Visit > http://cilsfla.blogspot.com/2010/02/advocacy-committeesworking-groups.html > > Marc > > Marc Dubin, Esq. > Director of Advocacy, Center for Independent Living of South Florida > www.ciladvocacyblog.org > www.dvsacblog.org > mdubin at pobox.com > Mobile: 305-896-3000 > Fax: 877-731-3030 > Former Senior Trial Attorney, U.S. Department of Justice > Civil Rights Division, Disability Rights Section- 1993-2005 > www.ada.gov > Former Special Counsel, Office on Violence Against Women, USDOJ > Founder & Executive Director, CAVNET > www.cavnet.org > > Available for consultation on matters involving the Americans with > Disabilities Act or on matters involving violence against women > > > "Several years ago, I worked with Marc in resolving a complaint against a > local arts organization concerning accessibility. I found Marc to be > thoroughly professional, an expert on the ADA, and a fine example of what > an attorney advocating for his client can accomplish." Betty Siegel, > Director of Accessibility at the John F. Kennedy Center for the Performing > Arts, Washington, D.C. > > "We appreciate your passion ... We see you as a partner and a friend for > all the feedback that you have given us..." Marriott Hotel > > "Marc's style of negotiation is excellent. He offers concerns and > information about possible violations of the law, time and time again, > challenging one to improve services to people with disabilities and > providing the tools and contacts to do so.... I have found him to be > thoroughly professional, well-informed, very well-connected, and an asset > to my efforts to enhance services to the disability community...." > Joe Kocy, formerly the Broward County Administrator's Special Assistant > for Housing > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From cathrynisfinally at verizon.net Fri Feb 12 12:24:53 2010 From: cathrynisfinally at verizon.net (Cathryn Bonnette) Date: Fri, 12 Feb 2010 07:24:53 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . In-Reply-To: <18a60.778f4fd7.38a5fb74@aol.com> References: <18a60.778f4fd7.38a5fb74@aol.com> Message-ID: <0616A7B5BDEF4C359DFE1716E8E23EE3@14bd0130080a469> If my understanding is correct, the appellate court will only look for errors, procedural etc., not revisit the facts. (?) Is there a chance other law students face this and could become a class action? Cathryn -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 7:32 PM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . I believe clerkships such as hers have a time limit, so it's pretty likely she won't have a job for long. She's already had to wait over a year for the NCBE, meaning her life has been in limbo, her earned income potential is lower than had she taken and passed a Bar Exam, and her future is uncertain. And really, if they're so worried about their security, then why are States providing their essay exams in electronic format? That's saying nothing of Government Agency employment exams, the Foreign Service Exam, and tests such as AP and CLEP. Why can't they incrypt the data like government agencies and corporations do? Keep fighting, Stephanie! Common sense will succeed in the end. Ronza In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time, cdanielsen8 at aol.com writes: These guys are so gonna lose. How can they argue that waiting for appellate review will not harm Stephanie? It puts her career on hold. Sure, she has a job, but her opportunities would be greater financially and otherwise if she were licensed. I cannot see how they win on the merits. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 10:47 AM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2682 - Release Date: 02/11/10 16:09:00 From joltingjacksandefur at gmail.com Fri Feb 12 13:02:13 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Fri, 12 Feb 2010 08:02:13 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . References: <18a60.778f4fd7.38a5fb74@aol.com> <0616A7B5BDEF4C359DFE1716E8E23EE3@14bd0130080a469> Message-ID: <70BC9C21058C4219AA6166319E748F53@hometwxakonvzn> That's what I'm wornding as well? RJ ----- Original Message ----- From: "Cathryn Bonnette" To: "'NFBnet Blind Law Mailing List'" Sent: Friday, February 12, 2010 7:24 AM Subject: Re: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . > If my understanding is correct, the appellate court will only look for > errors, procedural etc., not revisit the facts. (?) > Is there a chance other law students face this and could become a class > action? > > Cathryn > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On > Behalf Of AZNOR99 at aol.com > Sent: Thursday, February 11, 2010 7:32 PM > To: blindlaw at nfbnet.org > Subject: Re: [blindlaw] Federal Judge Orders the National Conference > ofBarExaminers . > > I believe clerkships such as hers have a time limit, so it's pretty likely > she won't have a job for long. She's already had to wait over a year for > the NCBE, meaning her life has been in limbo, her earned income potential > is > > lower than had she taken and passed a Bar Exam, and her future is > uncertain. And really, if they're so worried about their security, then > why are > States providing their essay exams in electronic format? That's saying > nothing of Government Agency employment exams, the Foreign Service Exam, > and > tests such as AP and CLEP. Why can't they incrypt the data like > government > > agencies and corporations do? > > Keep fighting, Stephanie! Common sense will succeed in the end. > > Ronza > > > > In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time, > cdanielsen8 at aol.com writes: > > These guys are so gonna lose. How can they argue that waiting for > appellate > review will not harm Stephanie? It puts her career on hold. Sure, she has > a > job, but her opportunities would be greater financially and otherwise if > she > were licensed. I cannot see how they win on the merits. > > Chris > > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On > Behalf Of AZNOR99 at aol.com > Sent: Thursday, February 11, 2010 10:47 AM > To: blindlaw at nfbnet.org > Subject: Re: [blindlaw] Federal Judge Orders the National Conference of > BarExaminers ... > > It's not over yet. See article below from ABA Journal. > _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) > > > Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th > Cir. Software Ban > > > A federal judge's ruling last month that Stephanie Enyart must be allowed > to use screen-reader software when taking the Multistate Bar Examination > might not be the final answer for the blind law graduate. > In a filing yesterday, the National Conference of Bar Examiners seeks an > emergency ruling from the San Francisco-based 9th U.S. Circuit Court of > Appeals suspending a district court order that Enyart must be allowed to > use > the software during the California bar exam later this month, the _San > Francisco Chronicle_ > (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) > reports. > The NCBE, which administers the test throughout the country, contends > that > > having to wait a few more months for appellate review of the federal > district court's decision in Enyart's favor would not pose a hardship to > her, the > newspaper says. > Attorney Anna Levine of Disability Rights Advocates represents Enyart. > She > > calls the appellate filing "flabbergasting ... irrational and > mean-spirited." > The NCBE objects to the software, which magnifies the test text and reads > the material into earbuds worn by the user because of security concerns. > Enyart says that a human reader, which the NCBE would permit, is less > efficient at the job and a potential distraction during the exam. > Earlier coverage: > > > In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, > JFreeh at nfb.org writes: > > > > FOR IMMEDIATE RELEASE > > > > CONTACT: > > Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. > 2330 > > Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 > > Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 > > Anna Levine, Disability Rights Advocates, (510) 665-8644 > > > > Federal Judge Orders the National Conference of Bar Examiners > to Provide Individualized Testing Accommodations > > to Blind Law School Graduate > > > > San Francisco, California (February 5, 2010): A federal court has > ruled that the National Conference of Bar Examiners (NCBE) will cause > a blind law school graduate irreparable harm unless it provides her > the technology-based testing accommodations she needs to take two > exams required to become a member of the State Bar of > California. The court issued its ruling in an order granting the law > school graduate's motion for preliminary injunction on Thursday, > February 4, 2010. The court's ruling allows the plaintiff, Stephanie > Enyart, to take the February 2010 Multistate Bar Examination (MBE) > and March 2010 Multistate Professional Responsibility Examination > (MPRE) on a laptop computer equipped with the assistive technology > software Ms. Enyart relies upon for screen reading (JAWS) and screen > magnification (ZoomText). > > > > Dr. Marc Maurer, President of the National Federation of the Blind, > said: "The National Federation of the Blind is extremely pleased with > the ruling in this case. Law and equity simply do not permit the > NCBE to dictate a one-size-fits-all solution for all bar candidates > with disabilities. We hope that this ruling will cause the NCBE to > think long and hard before it denies the requested accommodations of > applicants to take its examinations." > > > > The plaintiff, Stephanie Enyart, said: "A little over a year ago I > sent my first request for accommodations on the March 2009 MPRE, and > tonight I can go to sleep knowing when and how I can effectively take > the exams to fulfill my dreams." > > > > Anna Levine of Disability Rights Advocates, an attorney representing > the plaintiff, said: "I hope that our hard-fought victory here will > send a message to testing organizations that they need to comply with > the ADA and provide each individual test taker with a disability the > accommodations that he or she needs to demonstrate his or her actual > knowledge, skills, and abilities." > > > > The suit was filed on November 3, 2009, due to the NCBE's refusal, on > multiple occasions during the past year, to allow Ms. Enyart to use > the same technology on the MBE and MPRE that she has used on > university and law school exams and in various jobs and > internships. The suit charged that the NCBE violated the Americans > with Disabilities Act (ADA) and California's Unruh Civil Rights Act > by denying accommodations on the MBE and the MPRE. > > > > NCBE had argued that it fulfilled its legal obligations to Ms. Enyart > by offering alternative accommodations, such as a human reader, > notwithstanding evidence that these alternatives did not, in fact, > accommodate Ms. Enyart's disability. In rejecting NCBE's argument, > the court's ruling paves the way for other individuals prevented from > pursuing their professional dreams by high stakes testing providers > who take a rigid approach to disability accommodations. > > > > The plaintiff is represented with the support of the National > Federation of the Blind by LaBarre Law Offices, P.C., in Denver, > Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, > Maryland. The plaintiff is further represented by Disability Rights > Advocates, a nonprofit law center that specializes in civil rights > cases on behalf of persons with disabilities, based in Berkeley, > California. > > > > > > ### > > > > About the National Federation of the Blind > > > > With more than 50,000 members, the National Federation of the Blind > (NFB) is the largest and most influential membership organization of > blind people in the United States. The NFB improves blind people's > lives through advocacy, education, research, technology, and programs > encouraging independence and self-confidence. It is the leading > force in the blindness field today and the voice of the nation's > blind. In January 2004 the NFB opened the National Federation of the > Blind Jernigan Institute, the first research and training center in > the United States for the blind led by the blind. > > > > __________ Information from ESET Smart Security, version of virus > signature database 4852 (20100209) __________ > > The message was checked by ESET Smart Security. > > http://www.eset.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. > com > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 > 0verizon.net > No virus found in this incoming message. > Checked by AVG - www.avg.com > Version: 8.5.435 / Virus Database: 271.1.1/2682 - Release Date: 02/11/10 > 16:09:00 > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From mruniverse08 at gmail.com Fri Feb 12 13:32:35 2010 From: mruniverse08 at gmail.com (WB) Date: Fri, 12 Feb 2010 07:32:35 -0600 Subject: [blindlaw] Fifth Circuit Court Ruling Message-ID: <01eb01caabe7$d769f140$863dd3c0$@com> Has anyone heard of the Fifth Circuit Court ruling that now places a statute of limitations on non ADA compliance? I think it is saying that you cannot file suit when you discover non-compliance. It has to be within two years of when the structure was constructed. From Susan.Kelly at pima.gov Fri Feb 12 17:00:48 2010 From: Susan.Kelly at pima.gov (Susan Kelly) Date: Fri, 12 Feb 2010 10:00:48 -0700 Subject: [blindlaw] availability of rehab services in Nevada Message-ID: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> One of the students in my visual rehab / adaptive skills class in Tucson (southern Arizona area, for those not familiar with the city) flies in weekly from Las Vegas to attend. He and his wife were directed to SAAVI after learning from his doctor that no such services existed in the state of Nevada. As attorneys, myself and another classmate were very distressed by that in terms of ADA issues, etc. Does anyone know if this is true, and if so, whether any class action suit / negotiations are in progress? We would like to be able to provide our classmate, an older, retired gentleman, with some "local" assistance, whatever it might be. Feel free to email me off-list if this is not of general interest to the group. Thanks. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 5675 bytes Desc: image001.jpg URL: From cathrynisfinally at verizon.net Fri Feb 12 20:22:51 2010 From: cathrynisfinally at verizon.net (Cathryn Bonnette) Date: Fri, 12 Feb 2010 15:22:51 -0500 Subject: [blindlaw] Fifth Circuit Court Ruling In-Reply-To: <01eb01caabe7$d769f140$863dd3c0$@com> References: <01eb01caabe7$d769f140$863dd3c0$@com> Message-ID: <2B227E7CDA43426299AE4B7F44B174CF@14bd0130080a469> Does that mean the exam guidelines that existed web the /ada passed? Do you have a citation? Cathryn -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of WB Sent: Friday, February 12, 2010 8:33 AM To: 'NFBnet Blind Law Mailing List' Subject: [blindlaw] Fifth Circuit Court Ruling Has anyone heard of the Fifth Circuit Court ruling that now places a statute of limitations on non ADA compliance? I think it is saying that you cannot file suit when you discover non-compliance. It has to be within two years of when the structure was constructed. _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2683 - Release Date: 02/12/10 07:35:00 From mruniverse08 at gmail.com Fri Feb 12 20:37:27 2010 From: mruniverse08 at gmail.com (WB) Date: Fri, 12 Feb 2010 14:37:27 -0600 Subject: [blindlaw] Fifth Circuit Court Ruling In-Reply-To: <2B227E7CDA43426299AE4B7F44B174CF@14bd0130080a469> References: <01eb01caabe7$d769f140$863dd3c0$@com> <2B227E7CDA43426299AE4B7F44B174CF@14bd0130080a469> Message-ID: <02e001caac23$31aaa420$94ffec60$@com> I'm looking for a copy of the ruling. -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Cathryn Bonnette Sent: Friday, February 12, 2010 2:23 PM To: 'NFBnet Blind Law Mailing List' Subject: Re: [blindlaw] Fifth Circuit Court Ruling Does that mean the exam guidelines that existed web the /ada passed? Do you have a citation? Cathryn -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of WB Sent: Friday, February 12, 2010 8:33 AM To: 'NFBnet Blind Law Mailing List' Subject: [blindlaw] Fifth Circuit Court Ruling Has anyone heard of the Fifth Circuit Court ruling that now places a statute of limitations on non ADA compliance? I think it is saying that you cannot file suit when you discover non-compliance. It has to be within two years of when the structure was constructed. _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2683 - Release Date: 02/12/10 07:35:00 _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mruniverse08%40gma il.com From drdrum1 at hotmail.com Fri Feb 12 21:15:26 2010 From: drdrum1 at hotmail.com (Ian Shadrick) Date: Fri, 12 Feb 2010 16:15:26 -0500 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> Message-ID: There are in fact state IL services available, I have a colleague there who is on a national board with me, who is a VRT. Ian Shadrick Ian Shadrick M.A., CVRT, CRC Michigan Cimmission f/t Blind MCB Training Center Sent from my iPhone On Feb 12, 2010, at 12:00, "Susan Kelly" wrote: > > > One of the students in my visual rehab / adaptive skills class in > Tucson > (southern Arizona area, for those not familiar with the city) flies in > weekly from Las Vegas to attend. He and his wife were directed to > SAAVI > after learning from his doctor that no such services existed in the > state of Nevada. As attorneys, myself and another classmate were very > distressed by that in terms of ADA issues, etc. Does anyone know if > this is true, and if so, whether any class action suit / negotiations > are in progress? We would like to be able to provide our classmate, > an > older, retired gentleman, with some "local" assistance, whatever it > might be. > > Feel free to email me off-list if this is not of general interest to > the > group. Thanks. > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotmail.com From Susan.Kelly at pima.gov Fri Feb 12 22:42:08 2010 From: Susan.Kelly at pima.gov (Susan Kelly) Date: Fri, 12 Feb 2010 15:42:08 -0700 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> Message-ID: <1C09B58171332F49B237676A5158B1F7033D6B20@EVS02.central.pima.gov> I will let the couple know - it sounds as though the ophthalmologists are not well-informed on the subject, or perhaps assume that the wife can handle everything for her husband. Do you know of a contact site or number that I may pass along? -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Ian Shadrick Sent: Friday, 12 February, 2010 2:15 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] availability of rehab services in Nevada There are in fact state IL services available, I have a colleague there who is on a national board with me, who is a VRT. Ian Shadrick Ian Shadrick M.A., CVRT, CRC Michigan Cimmission f/t Blind MCB Training Center Sent from my iPhone On Feb 12, 2010, at 12:00, "Susan Kelly" wrote: > > > One of the students in my visual rehab / adaptive skills class in > Tucson > (southern Arizona area, for those not familiar with the city) flies in > weekly from Las Vegas to attend. He and his wife were directed to > SAAVI > after learning from his doctor that no such services existed in the > state of Nevada. As attorneys, myself and another classmate were very > distressed by that in terms of ADA issues, etc. Does anyone know if > this is true, and if so, whether any class action suit / negotiations > are in progress? We would like to be able to provide our classmate, > an > older, retired gentleman, with some "local" assistance, whatever it > might be. > > Feel free to email me off-list if this is not of general interest to > the > group. Thanks. > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotm ail.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/susan.kelly%40 pima.gov From drdrum1 at hotmail.com Fri Feb 12 23:27:34 2010 From: drdrum1 at hotmail.com (Ian Shadrick) Date: Fri, 12 Feb 2010 18:27:34 -0500 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: <1C09B58171332F49B237676A5158B1F7033D6B20@EVS02.central.pima.gov> References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> <1C09B58171332F49B237676A5158B1F7033D6B20@EVS02.central.pima.gov> Message-ID: Susan, I will did it up, I don't have it on me at te moment. Ian Sent from my iPhone On Feb 12, 2010, at 17:42, "Susan Kelly" wrote: > I will let the couple know - it sounds as though the ophthalmologists > are not well-informed on the subject, or perhaps assume that the wife > can handle everything for her husband. Do you know of a contact > site or > number that I may pass along? > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] > On Behalf Of Ian Shadrick > Sent: Friday, 12 February, 2010 2:15 PM > To: NFBnet Blind Law Mailing List > Subject: Re: [blindlaw] availability of rehab services in Nevada > > There are in fact state IL services available, I have a colleague > there who is on a national board with me, who is a VRT. > > Ian Shadrick > > Ian Shadrick M.A., CVRT, CRC > Michigan Cimmission f/t Blind > MCB Training Center > > Sent from my iPhone > > On Feb 12, 2010, at 12:00, "Susan Kelly" wrote: > >> >> >> One of the students in my visual rehab / adaptive skills class in >> Tucson >> (southern Arizona area, for those not familiar with the city) flies >> in >> weekly from Las Vegas to attend. He and his wife were directed to >> SAAVI >> after learning from his doctor that no such services existed in the >> state of Nevada. As attorneys, myself and another classmate were >> very >> distressed by that in terms of ADA issues, etc. Does anyone know if >> this is true, and if so, whether any class action suit / negotiations >> are in progress? We would like to be able to provide our classmate, >> an >> older, retired gentleman, with some "local" assistance, whatever it >> might be. >> >> Feel free to email me off-list if this is not of general interest to >> the >> group. Thanks. >> >> _______________________________________________ >> 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: >> > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotm > ail.com > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/susan.kelly%40 > pima.gov > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotmail.com > From qmsingleton at comcast.net Sat Feb 13 05:40:24 2010 From: qmsingleton at comcast.net (Quintina M. Singleton) Date: Fri, 12 Feb 2010 23:40:24 -0600 Subject: [blindlaw] Thruoureyes Announcement Message-ID: Thru Our Eyes announces a double show for this coming Wednesday, February 17, 2010 Joe Ruffalo will interview Jesse Hartle, government programs specialist on Wednesday, February 17 at 8:00 pm. Est. The following topics to be discussed are as follows: history of the Washington Seminar an overview of the issues in the past that the NFB made a difference an overview of this year's issues feature, "How all need to Get Involved" the importance of thank you emails to the representatives the importance to meet the Congressional representatives while they are in their home districts Stay tuned in to hear at 9:00 PM Jerry Moreno and Janie Degenshein interview David denotaris, director bureau of blindness and visual services for the State of Pennsylvania and motivational speaker Book corner: LA Times by Stuart Woods 330 pages on 7 sides Movie producer, Michael Vincent has a terrific future but a notorious mob laden past. Will his past come back to haunt him? This perilous slope ride includes the mob and Hollywood! Shoot Him If He Runs by Stuart Woods 290 pages on 6 sides Attorney, Stone Barrington returns to an island to track down a former CIA agent turned assassin. Holly Barker joins him to defeat this foe! Pandora's Daughter by Iris Johansen 375 pages on 7 sides At the age of 15, Megan Blair's mother dies. For 12 years, she is unburdened with the voices she heard when her mother was alive. Now, she is asked to call upon her gift to locate her pursuer who is determined to eliminate her as well! Quicksand by Iris Johansen 340 pages on 7 sides Eve Duncan and her lover Joe Quinn seek the aid of Megan Blair (from Pandora's Daughter)in stopping a serial killer who targets children. Hold on with the constant turmoil uncovered. Survival of the Fittest by Johnathon Kellerman As its title suggests, the game is to survive. A truly unbelievable journey. To listen to these programs via telephone, please call 1-605-475-6333, access code: 833520. To access the show online visit www.thruoureyes.org/jaws.html The call in number for anyone interested in asking a question is 1-888-572-0141. From ckrugman at sbcglobal.net Sun Feb 14 07:46:15 2010 From: ckrugman at sbcglobal.net (ckrugman at sbcglobal.net) Date: Sat, 13 Feb 2010 23:46:15 -0800 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> Message-ID: <17A8B83939E242ADBDEA746C247DF25F@spike> What is "SAAVI"? Chuck ----- Original Message ----- From: "Susan Kelly" To: Sent: Friday, February 12, 2010 9:00 AM Subject: [blindlaw] availability of rehab services in Nevada > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net > From dandrews at visi.com Sun Feb 14 22:22:57 2010 From: dandrews at visi.com (David Andrews) Date: Sun, 14 Feb 2010 16:22:57 -0600 Subject: [blindlaw] An Overview of Important Points About the Google Proposed Settlement Message-ID: > >An Overview of Important Points About the Google Proposed Settlement >The Authors Guild, Inc., et. al. v. Google, Inc. Proposed Settlement >Agreement > > > > > > > >Overview > > > >Google, in partnership with leading libraries has been creating a massive >electronic books database of millions of titles. The settlement of the suit >against Google, if approved, will resolve lawsuits brought on behalf of a >broad class of authors and publishers against Google for copyright >infringement allegations in connection with the Google Book Project. The >agreement will significantly expand online access to works through Google >Book Search from the collections of major U.S. libraries and will also >enhance the ability of authors and publishers to distribute their content in >digital form. All of the services that will result from this settlement for >the public will be accessible to all blind and print-disabled persons, >although Google will have up to five years after the settlement is finally >approved to deliver access. What this settlement will do is expand by >millions of volumes the number of books that blind and other print-disabled >readers will have available to them to purchase, check out from certain >participating libraries or read at public libraries. > > > > > > > >After final approval, the settlement will authorize Google to do the >following: > > > >* Continue to scan in-copyright books > >* Develop an electronic books database > >* Provide responses to searches in the database (already accessible) > >* For books in the database that are no longer commercially available >for sale and for commercially available books whose authors choose to >participate, > > > > * Sell individual books to consumers in digital form; and > > * Sell institutional subscriptions to the books database to >schools, corporations and other institutions > > > >* With respect to libraries, the settlement will authorize Google to >provide public and higher education libraries with free access to the books >database and special terminals will be provided free to every public library >in the country. > > > > > > > >How will the Agreement Affect the Blind and Others with Print Disabilities? > > > > > > > >. The Agreement expressly authorizes Google to provide the material >it offers users "in a manner that accommodates users with Print Disabilities >so that such users have a substantially similar user experience as users >without Print Disabilities." A user with a Print Disability under the >agreement is one who is "unable to read or use standard printed material due >to blindness, visual disability, physical limitations, organic function, or >dyslexia." The material covered includes material provided by Google >through institutional subscriptions, public access services, and consumer >purchases, as well as the material Google displays as snippets, book >previews, and the pages in front of and behind the books (such as the table >of contents and index). > > > > > > > >. Google expresses its intention within the agreement to make digital >copies of the books accessible to users with Print Disabilities so that such >users have a substantially similar user experience as users without Print >Disabilities. To the extent Google is unable to do so, Google will >reasonably cooperate to enable such access to books through an Alternative >Accommodated Service Provider. > > > > > > > >. The Agreement also places upon Google the obligation to offer the >books in an accessible format at no greater cost to users with Print >Disabilities. Specifically, Google must use commercially reasonable >efforts to enable an "accommodated service" to users of Google's >institutional subscriptions, public access services, consumer purchases and >other revenue models. An "accommodated service" means a service that offers >the text of books and inserts in the form of electronic text used in >conjunction with screen enlargement, voice output, and refreshable Braille >displays (or at Google's option and with the Registry's approval, other >technologies to reasonably accommodate Print Disabilities) at no greater >charge than the charge to view Books in a similar manner to users without a >Print Disability. > > > > > > > >. For Institutional Subscription users with Print Disabilities, >Google must offer an Accommodated Service for all books in the Institutional >Subscription Database for which Google's automated OCR system is successful. > > > > > > > > >. Further, Google must not unreasonably withhold its consent to a >request from a Fully Participating library to work with particular >third-party contractors to provide access to the full text of the Books and >Inserts as described under "Accommodated Service" and to improve the quality >of such Books (e.g. OCR quality and structure extraction) for the purpose of >providing such access. > > > > > > > >. If within 5 years from the Effective Date of the Agreement Google >has not complied, or ceases to comply, with its obligation to offer an >accommodated service, upon notice by the Fully Participating Libraries, >Google must use commercially reasonable efforts to identify and work with an >alternative provider to readily provide copies of Books and Inserts >requested by the alternative provider solely for the purpose of making those >books accessible to users with Print Disabilities. > > > > > > > >How will Users with Print Disabilities' who use the Services of Google's >Partner Libraries be Affected? > > > > > > > >* Libraries that have Digitization Agreements with Google are authorized >to permit users with Print Disabilities to borrow digital copies of the >library's collection. The digital copy must be accessible when used in >conjunction with screen enlargement, voice output, or refreshable Braille >displays. Certified users must agree to refrain from using, reproducing or >distributing the book in an unlawful manner and the library must maintain >data about its provision of "special access" to certified users. From Susan.Kelly at pima.gov Tue Feb 16 01:35:57 2010 From: Susan.Kelly at pima.gov (Susan Kelly) Date: Mon, 15 Feb 2010 18:35:57 -0700 Subject: [blindlaw] availability of rehab services in Nevada Message-ID: <1C09B58171332F49B237676A5158B1F7033D6B21@EVS02.central.pima.gov> Southern Arizona association for the visually impaired. They provide rehabilitation, training (like braille, computers and the like) and recreational opportunities here in southern Arizona for people of all ages with low vision and blindness. -----Original Message----- From: blindlaw-bounces at nfbnet.org To: NFBnet Blind Law Mailing List Sent: Sun Feb 14 00:46:15 2010 Subject: Re: [blindlaw] availability of rehab services in Nevada What is "SAAVI"? Chuck ----- Original Message ----- From: "Susan Kelly" To: Sent: Friday, February 12, 2010 9:00 AM Subject: [blindlaw] availability of rehab services in Nevada > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net > _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/susan.kelly%40pima.gov From Noel.Nightingale at ed.gov Tue Feb 16 23:01:59 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 16 Feb 2010 17:01:59 -0600 Subject: [blindlaw] FW: [mamas_jobs] City of Seattle Employment Investigator - Ref#30681799 Message-ID: FYI! -----Original Message----- From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On Behalf Of Rachel Black Sent: Tuesday, February 16, 2010 10:50 AM To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings Subject: [mamas_jobs] City of Seattle Employment Investigator - Ref#30681799 Rachel Black posted: City of Seattle Employment Investigator Salary Range up to $73,932 (DOE) + exc. benefits SEATTLE CITY ATTORNEY'S OFFICE is seeking an attorney to investigate employment discrimination and harassment complaints brought by employees of the City of Seattle. The attorney will conduct independent investigations; establish best practices for City departments regarding investigations, and train human resources staff and supervisors within City government on investigative best practices. Send cover letter, resume, writing sample and application form (www.seattle.gov/law/forms) by 3/10/2010 to: * J. Ramsey * 600 4th Ave., 4th Fl. * PO Box 94769 * Seattle, WA 98124-4769 * E-mail: Joyce.Ramsey at Seattle.gov. Rachel S. Black | Susman Godfrey L.L.P. 1201 Third Avenue | Suite 3800 | Seattle, WA 98101 Phone: 206-516-3899 | Fax: 206-516-3883 rblack at susmangodfrey.com | www.susmangodfrey.com This message may be protected by the attorney client privilege or the work product doctrine. Add your comments online: http://www.bigtent.com/group/forum/message/30681799?md=MTE3OTgzMDM= Advertisement ================================================================= Help raise up to $10,000 for a great charity. Goody will donate $1 for each user that sends their Girls on the Run virtual gift on Facebook. http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= ================================================================= ________________________________________ You received this email because you (noel.nightingale at ed.gov) are a member of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. Visit this group on the Web: http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= Unsubscribe or leave this group: https://www.bigtent.com/unsubscribe/11798303?key=JT8tmYH5vGb%2FE2j7zbT85%2BMzR28%2BRD1Vswnu67fo3UQ%3D&md=MTE3OTgzMDM= Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= From lists at zufelt.ca Wed Feb 17 16:31:59 2010 From: lists at zufelt.ca (E.J. Zufelt) Date: Wed, 17 Feb 2010 11:31:59 -0500 Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices Message-ID: <4B4E09D7-ED99-4242-B839-127A5E1A6E95@zufelt.ca> Good morning, I am doing research into interactive devices, particularly point-of- sales / Interac / Debit (POS) devices. I am looking for resources, from any jurisdiction, of the following varieties to inform my report: 1. Examples of accessible POS or similar devices. 2 Any standards and guidelines for the accessibility of POS or similar devices. 3. Laws that mandate the full, or partial, accessibility of POS or similar devices. 4. Examples of successful use of laws to enforce the accessibility of POS devices. I will publicly post the list of resources that I collect for reuse. Thank you in advance, Everett From timandvickie at hotmail.com Wed Feb 17 19:59:44 2010 From: timandvickie at hotmail.com (Tim Shaw) Date: Wed, 17 Feb 2010 19:59:44 +0000 Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices In-Reply-To: <4B4E09D7-ED99-4242-B839-127A5E1A6E95@zufelt.ca> References: <4B4E09D7-ED99-4242-B839-127A5E1A6E95@zufelt.ca> Message-ID: Here is the only resource I know of for this: http://www.captek.net/Captek/Talking_Cash_Registers.html > From: lists at zufelt.ca > Date: Wed, 17 Feb 2010 11:31:59 -0500 > To: blindlaw at nfbnet.org > Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices > > Good morning, > > I am doing research into interactive devices, particularly point-of- > sales / Interac / Debit (POS) devices. I am looking for resources, > from any jurisdiction, of the following varieties to inform my report: > > 1. Examples of accessible POS or similar devices. > > 2 Any standards and guidelines for the accessibility of POS or similar > devices. > > 3. Laws that mandate the full, or partial, accessibility of POS or > similar devices. > > 4. Examples of successful use of laws to enforce the accessibility of > POS devices. > > I will publicly post the list of resources that I collect for reuse. > > Thank you in advance, > Everett > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/timandvickie%40hotmail.com _________________________________________________________________ Hotmail: Trusted email with Microsoft’s powerful SPAM protection. http://clk.atdmt.com/GBL/go/201469226/direct/01/ From AZNOR99 at aol.com Thu Feb 18 03:20:07 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Wed, 17 Feb 2010 22:20:07 EST Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices Message-ID: <1e7f8.1c4321b7.38ae0be7@aol.com> Everett, Please feel free to contact my colleague, Lauren McLarney, concerning some new legislation that has just been introduced in the House and will hopefully soon be introduced in the Senate. This legislation will require a study to determine the most appropriate manner in which to make new technology, including Point of Sale Keyoskes accessible. The legislation is a bit more complicated than that, but Lauren is our point person on this issue. She can be reached at 410-659-9314 Ext. 2207. Regards, Ronza In a message dated 2/17/2010 11:32:15 A.M. Eastern Standard Time, lists at zufelt.ca writes: Good morning, I am doing research into interactive devices, particularly point-of- sales / Interac / Debit (POS) devices. I am looking for resources, from any jurisdiction, of the following varieties to inform my report: 1. Examples of accessible POS or similar devices. 2 Any standards and guidelines for the accessibility of POS or similar devices. 3. Laws that mandate the full, or partial, accessibility of POS or similar devices. 4. Examples of successful use of laws to enforce the accessibility of POS devices. I will publicly post the list of resources that I collect for reuse. Thank you in advance, Everett _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com From my5thattempt at yahoo.com Thu Feb 18 21:55:51 2010 From: my5thattempt at yahoo.com (M BG) Date: Thu, 18 Feb 2010 13:55:51 -0800 (PST) Subject: [blindlaw] I need of a San Deigo ADA attorney Message-ID: <162233.29282.qm@web36704.mail.mud.yahoo.com> Good afternoon all, I am a visually impaired parent in the San Diego area and I am having issue with my daughters High School providing me forms, grades, correspondence, etc. in ADA compliant formats within one of her specific courses. There has been an ongoing issue for several months and it is now to the point that further intervention outside of the High School and District is warranted. Within this group are there any attorneys in the San Diego area that I can consult with and determine if there is an ADA case? Respectfully requested, Misty M. Brandon From ckrugman at sbcglobal.net Fri Feb 19 20:38:13 2010 From: ckrugman at sbcglobal.net (ckrugman at sbcglobal.net) Date: Fri, 19 Feb 2010 12:38:13 -0800 Subject: [blindlaw] I need of a San Deigo ADA attorney In-Reply-To: <162233.29282.qm@web36704.mail.mud.yahoo.com> References: <162233.29282.qm@web36704.mail.mud.yahoo.com> Message-ID: You may want to check the web site of the Council of Attorney Parent Advocates at www.capa.net as they list many attorneys and advocates in southern California and elsewhere in the country. The searchable data base is organized by state as this is a national organization. Chuck Krugman, M.S.W., Paralegal 1237 P Street Fresno ca 93721 559-266-9237 ----- Original Message ----- From: "M BG" To: "Blind Law Mailing List" Sent: Thursday, February 18, 2010 1:55 PM Subject: [blindlaw] I need of a San Deigo ADA attorney > Good afternoon all, > > I am a visually impaired parent in the San Diego area and I am having > issue with my daughters High School providing me forms, grades, > correspondence, etc. in ADA compliant formats within one of her specific > courses. There has been an ongoing issue for several months and it is now > to the point that further intervention outside of the High School and > District is warranted. Within this group are there any attorneys in the > San Diego area that I can consult with and determine if there is an ADA > case? > > Respectfully requested, > Misty M. Brandon > > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net From my5thattempt at yahoo.com Fri Feb 19 22:47:06 2010 From: my5thattempt at yahoo.com (M BG) Date: Fri, 19 Feb 2010 14:47:06 -0800 (PST) Subject: [blindlaw] I need of a San Deigo ADA attorney In-Reply-To: References: <162233.29282.qm@web36704.mail.mud.yahoo.com> Message-ID: <602836.97427.qm@web36708.mail.mud.yahoo.com> Thank you for the referral. I'm specifically looking for an attorney who is also visually impaired for this case. That is why I posted to Blind Law mailing list. I will check with the Council of Attorney Parent Advocates for this. Thank you ________________________________ From: "ckrugman at sbcglobal.net" To: NFBnet Blind Law Mailing List Sent: Fri, February 19, 2010 12:38:13 PM Subject: Re: [blindlaw] I need of a San Deigo ADA attorney You may want to check the web site of the Council of Attorney Parent Advocates at www.capa.net as they list many attorneys and advocates in southern California and elsewhere in the country. The searchable data base is organized by state as this is a national organization. Chuck Krugman, M.S.W., Paralegal 1237 P Street Fresno ca 93721 559-266-9237 ----- Original Message ----- From: "M BG" To: "Blind Law Mailing List" Sent: Thursday, February 18, 2010 1:55 PM Subject: [blindlaw] I need of a San Deigo ADA attorney > Good afternoon all, > > I am a visually impaired parent in the San Diego area and I am having issue with my daughters High School providing me forms, grades, correspondence, etc. in ADA compliant formats within one of her specific courses. There has been an ongoing issue for several months and it is now to the point that further intervention outside of the High School and District is warranted. Within this group are there any attorneys in the San Diego area that I can consult with and determine if there is an ADA case? > > Respectfully requested, > Misty M. Brandon > > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/my5thattempt%40yahoo.com From JFreeh at nfb.org Sat Feb 20 03:27:31 2010 From: JFreeh at nfb.org (Freeh, Jessica) Date: Fri, 19 Feb 2010 21:27:31 -0600 Subject: [blindlaw] AP: Judge says no quick ruling on Google book plans Message-ID: [] Judge says no quick ruling on Google book plans By LARRY NEUMEISTER (AP) – 21 hours ago NEW YORK ­ Supporters of Google's effort to create the world's largest digital library Internet told a federal judge Thursday that it would benefit society. Marc Maurer, president of the National Federation of the Blind, said the audio capabilities of Google's system "will give us access to 10 million books." One of the opponents ­ which include authors, foreign governments, corporate rivals and even the U.S. Department of Justice ­ countered at a packed court hearing in Manhattan that Google's plans were more about commerce, not access to books. "It's not going to be a great library, it's going to be a good store," said Sarah Canzoneri, a member of the Children's Book Guild and plaintiff in a lawsuit by authors and publishers. U.S. District Judge Denny Chin already has read more than 500 submissions about a $125 million settlement aimed at ending a pair of 2005 lawsuits that tried to stop Google from scanning books into a gigantic online database. On Thursday, he was hearing statements from interested parties before deciding whether changes made to a deal first announced in October 2008 are sufficient to withstand constitutional scrutiny. "To end the suspense, I'm not going to rule today," he said at the start. "There is just too much to digest." He added, "Voluminous materials have been submitted. There is a lot of repetition. Some of the submissions even quote other submissions." In court papers submitted last week, Google Inc., which is based in Mountain View, Calif., defended its deal with authors by saying its digital library lives up to the purpose of copyright law, which is to create and distribute expressive works. "No one seriously disputes that approval of the settlement will open the virtual doors to the greatest library in history, without costing authors a dime they now receive or are likely to receive if the settlement is not approved," Google said. The Department of Justice said Google and the plaintiffs have made substantial improvements to the original settlement, but it said "substantial issues remain." It said the new deal raised antitrust concerns and suffered from the same core issue as the original agreement because it establishes forward-looking business arrangements that "confer significant and possibly anticompetitive advantages on a single entity ­ Google." Still, the Department of Justice said it believes an approvable settlement may be achievable, perhaps by requiring rights holders to opt in to the settlement. France and Germany, which oppose the settlement, noted they support a European book-scanning project, Europeana, because it is in compliance with their laws and requires permission from copyright holders before books are scanned. Obtaining permission beforehand is what Amazon.com Inc. said it did when it engaged in a similar book-scanning project. Amazon's lawyers oppose the Google settlement and have asked to address the court. Other Google rivals including Microsoft Corp. and Yahoo Inc. also oppose it. Among authors opposing the deal are folk singer Arlo Guthrie and writer Catherine Ryan Hyde, whose novel "Pay it Forward" was adapted and released as a movie. "While I believe that the proposed Google Books Settlement has the potential to provide authors with additional exposure and perhaps additional sources of revenue for their works," Hyde wrote, "I continue to believe that the proposed settlement as amended remains critically flawed and is unfair to authors in a number of crucial respects." Lawyers for the plaintiffs who brought the 2005 lawsuits defended the settlement. Their submission to the judge said there were relatively few complaints, considering the ambitious plan to digitize all the world's books, and that many opponents "advance competitive and other parochial self-interests" that conflict with the broader interests of the publishing industry. Copyright © 2010 The Associated Press. All rights reserved. __________ Information from ESET Smart Security, version of virus signature database 4878 (20100218) __________ The message was checked by ESET Smart Security. http://www.eset.com From thebluesisloose at gmail.com Sat Feb 20 23:53:10 2010 From: thebluesisloose at gmail.com (Beth) Date: Sat, 20 Feb 2010 18:53:10 -0500 Subject: [blindlaw] Hello/introduction Message-ID: <4383d01d1002201553v644ac561y47aa91a3adf1a136@mail.gmail.com> Hello, my name is Beth Taurasi. I am totally blind from birth and studying social work at Florida State University. I have some legal questions though as my college experience has been hampered by some things. First, my parents incapacitated me when I was seventeen. They did it supposedly out of "love", but it has proven to be very hard to live with and a big distraction. Second, the incapacitation and resulting guardianship has allowed the family to get nosy about my rehabilitation case. I am wondering how to go about the Suggestion of Capacity form in Florida, statute 744.464. I've done quite a bit of legal homework, and can't find an attorney at this point. If any of you are interested, I'd like to know if there are any cases like mine and what happened and what was the result. How could I go about getting rid of this thing? Thanks, guys. Beth Taurasi From lists at zufelt.ca Sun Feb 21 22:03:31 2010 From: lists at zufelt.ca (E.J. Zufelt) Date: Sun, 21 Feb 2010 17:03:31 -0500 Subject: [blindlaw] Section 508 citation Message-ID: Good afternoon, Hoping that someone can give me the proper citation to the law commonly referred to as "Section 508". The proper legal citation and a URL to an official copy of the law would be much appreciated. Thank you in advance,Everett Zufelt http://zufelt.ca Follow me on Twitter http://twitter.com/ezufelt View my LinkedIn Profile http://www.linkedin.com/in/ezufelt From clucas at disabilitypride.com Sun Feb 21 23:16:34 2010 From: clucas at disabilitypride.com (clucas at disabilitypride.com) Date: Sun, 21 Feb 2010 23:16:34 +0000 Subject: [blindlaw] Section 508 citation Message-ID: <864777565-1266794183-cardhu_decombobulator_blackberry.rim.net-322048740-@bda907.bisx.prod.on.blackberry> 29 USC 794 Carrie ------Original Message------ From: E.J. Zufelt Sender: blindlaw-bounces at nfbnet.org To: blindlaw at nfbnet.org Mailing List ReplyTo: NFBnet Blind Law Mailing List Subject: [blindlaw] Section 508 citation Sent: Feb 21, 2010 3:03 PM Good afternoon, Hoping that someone can give me the proper citation to the law commonly referred to as "Section 508". The proper legal citation and a URL to an official copy of the law would be much appreciated. Thank you in advance,Everett Zufelt http://zufelt.ca Follow me on Twitter http://twitter.com/ezufelt View my LinkedIn Profile http://www.linkedin.com/in/ezufelt _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/clucas%40disabilitypride.com Sent on the Sprint® Now Network from my BlackBerry® From Noel.Nightingale at ed.gov Mon Feb 22 17:00:58 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 22 Feb 2010 11:00:58 -0600 Subject: [blindlaw] FW: [Jobs] FW: The Civil Rights Division of the U.S. Department of Justice is Recruiting (New Positions Added) Message-ID: ________________________________ From: jobs-bounces at nfbnet.org [mailto:jobs-bounces at nfbnet.org] On Behalf Of Maurer, Patricia Sent: Monday, February 22, 2010 4:55 AM To: jobs at nfbnet.org Subject: [Jobs] FW: The Civil Rights Division of the U.S. Department of Justice is Recruiting (New Positions Added) ________________________________ From: Special Programs Vacancies [mailto:CRT.SpecProgVacancies at usdoj.gov] Sent: Friday, February 19, 2010 7:14 PM Subject: The Civil Rights Division of the U.S. Department of Justice is Recruiting (New Positions Added) The Civil Rights Division (Division) would like to thank each of you for participating in our efforts to increase outreach to lawyers interested in working for the Division. By agreeing to receive our attorney job announcements, you are helping to make sure we have the best lawyers we can find. The application period for several of our lawyer positions will be closing within a week; and several others will close in the next few weeks. If you have a convenient way to remind your constituents of the looming deadline, we would very much appreciate it. The Division hopes to attract a broad and diverse pool of qualified applicants, and, to that end, encourages you to forward this information to any qualified applicants, including qualified applicants with disabilities, who may be interested in working for the Division. For your convenience, all current Division job announcements are listed below. Please also remind members of your organization that all our lawyer job announcements can always be found on the Division's homepage, http://www.justice.gov/crt/recruit.php. In addition, if you know of other organizations that might want to receive our job announcements, please let them know the process is very simple. They just need to send an email to CRT.SpecProgVacancies at usdoj.gov. There are no elaborate forms to fill out - just an email indicating that the organization wishes to receive future job listings and the e-mail address for us to contact them. Please do not hesitate to let us know if you have suggestions on how we can improve our outreach efforts. Thank you. Current Civil Rights Division Job Announcements: Remark Position Section Grade Salary Closing Date Trial Attorney Voting GS-14/15 $105,211 - $155,500 2/22/2010 Trial Attorney Housing and Civil Enforcement GS-14/15 $105,211 - $155,500 2/25/2010 Deputy Chief Voting GS-15 $123,758 - $155,500 2/25/2010 Deputy Chief Criminal GS-15 $123,758 - $155,500 2/26/2010 Trial Attorney Employment Litigation GS-14/15 $105,211 - $155,500 3/2/2010 Economist (DEU) Housing and Civil Enforcement GS-13/15 $89,033 - $155,500 3/2/2010 Economist (MPP) Housing and Civil Enforcement GS-13/15 $89,033 - $155,500 3/2/2010 Civil Rights Analyst (Bilingual) (DEU) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Civil Rights Analyst (DEU) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Civil Rights Analyst (Bilingual) (MPP) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Civil Rights Analyst (MPP) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Trial Attorney Office of Special Counsel GS-14/15 $105,211 - $155,500 3/5/2010 Deputy Chief Employment Litigation GS-15 $123,758 - $155,500 3/10/2010 Chief Coordination and Review ES-01/00 $119,554 - $179,700 3/11/2010 Chief Voting ES-01/00 $119,554 - $179,700 3/11/2010 New Paralegal Specialist (DEU) Housing and Civil Enforcement GS-9/11 $51,630 - $73,917 3/11/2010 New Equal Opportunity Specialist (DEU) Housing and Civil Enforcement GS-12/13 $74,872 - $115,742 3/11/2010 New Paralegal Specialist (MPP) Housing and Civil Enforcement GS-9/11 $51,630 - $73,917 3/11/2010 New Equal Opportunity Specialist (MPP) Housing and Civil Enforcement GS-12/13 $74,872 - $115,742 3/11/2010 Trial Attorney Educational Opportunities GS-14/15 $105,211 - $155,500 3/18/2010 Student Volunteer Professional Development Office volunteer n/a open until filled Student Volunteer Office of the Assistant Attorney General volunteer n/a open until filled Student Volunteer Coordination and Review volunteer n/a rolling basis Student Volunteer Various Sections volunteer n/a rolling basis Student Volunteer Professional Development Office volunteer n/a rolling basis Student Volunteer Educational Opportunities volunteer n/a rolling basis -------------- next part -------------- _______________________________________________ Jobs mailing list Jobs at nfbnet.org http://www.nfbnet.org/mailman/listinfo/jobs_nfbnet.org To unsubscribe, change your list options or get your account info for Jobs: http://www.nfbnet.org/mailman/options/jobs_nfbnet.org/noel.nightingale%40ed.gov From phingus at gmail.com Mon Feb 22 22:39:27 2010 From: phingus at gmail.com (Philip Sklover) Date: Mon, 22 Feb 2010 17:39:27 -0500 Subject: [blindlaw] Jaws and Westlaw Message-ID: <8E726EF1B8B147409292E9BC2DFB7B71@phingus> Has any JAWS and Westlaw user encountered a continuous reading issue in reading recent, but not older Westlaw decisions, using the JAWS continuous reading feature. I have been off Westlaw for about six months, having lost my Westlaw privileges when I retired. When I again secured its use, I brought up the recent Citizens United Supreme Court decision. I have JAWS 10 loaded on my PC. When I began to read the decision, unlike in the past, JAWS now announced every link, which was annoying. What was worse was that the continuous reading (insert and page down did not work properly. Passages would be repeated and the reading stalled. Thinking that I may have some JAWS configuration issue unique to my PC, I emailed the Westlaw decision as an attachment to my long-time adaptive equipment instructor. He also has the same version of JAWS on his PC. He has the same continuous reading blockage issue. I then brought up an older Supreme Court decision, Griggs v Duke Power Company, and I had no problem reading it using continuous reading. In the older decision, Every link was not announced aloud. Has anyone else had a similar difficulty.] Phil Philip B. Sklover From Noel.Nightingale at ed.gov Tue Feb 23 00:13:55 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 22 Feb 2010 18:13:55 -0600 Subject: [blindlaw] FW: Attorney Vacancies at the U.S. Department of Justice Message-ID: ________________________________ From: jobs-bounces at nfbnet.org [mailto:jobs-bounces at nfbnet.org] On Behalf Of Maurer, Patricia Sent: Monday, February 22, 2010 11:43 AM To: jobs at nfbnet.org Subject: [Jobs] FW: Attorney Vacancies at the U.S. Department of Justice ________________________________ From: Hunter, Sue [mailto:Sue.Hunter at usdoj.gov] Sent: Monday, February 22, 2010 1:02 PM To: newmedia at ja.org; Neysas at dnfsb.gov; Maurer, Patricia; nijc at aol.com; nlove at opd.state.md.us; nmcconnell at jackscamp.com; noconnell at tabinc.org; noryrp at cox.net; nromulus at gmail.com; ntb at boglechang.com; nwpatton at law.stanford.edu; ocaaba at cox.net; omanager at lawyerscomm.org; palsd at hotmail.com; patel at fr.com; pchanster at yahoo.com; pchapman at koonz.com; pgrewal at daycasebeer.com; pkim at lordbissell.com; Maurer, Patricia; pmorrison at state.wv.us; poppy.johnston at unlv.edu; president at abaw.org; president at adc.org Subject: FW: Attorney Vacancies at the U.S. Department of Justice To learn more about our attorneys and what they like most about working at DOJ, please visit our attorney profiles at, http://www.usdoj.gov/oarm/arm/profiles.htm, and the video clips of our attorneys and interns available at https://www.avuedigitalservices.com/ads/jobsatdojoarm/index.jsp We encourage you to share this email with interested colleagues and peers. If you no longer wish to receive these periodic email announcements, please respond to this email address and ask to be removed from our mailing list. Thank you. Current Department of Justice Attorney Vacancies * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, CRIMINAL SECTION DEPUTY CHIEF/GS-15 This position is open until February 26, 2010. Date posted: 02-17-2010 * U.S. DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL SENIOR COUNSEL (SL) All applications must be received no later than March 2, 2010. Date posted: 02-17-2010 * U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION, FRAUD SECTION EXPERIENCED ATTORNEYS / GS-905-13/14/15 10-CRM-FRD-009 These vacancies are open until filled. Date posted: 02-17-2010 * ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF MISSOURI Applications will be accepted until close of business March 2, 2010. Date posted: 02-17-2010 * ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA and SPECIAL ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF VIRGINIA NORFOLK OFFICE Position is open until filled. In order to ensure consideration of application, it should be received by the Office of the Attorney General by February 26, 2010. Date posted: 02-12-2010 * ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA and SPECIAL ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA OFFICE Position is open until filled. In order to ensure consideration of application, it should be received by the Office of the Attorney General by February 26, 2010 Date posted: 02-12-2010 * U.S. DEPARTMENT OF JUSTICE U.S. TRUSTEE'S OFFICE -- LOS ANGELES, CA TRIAL ATTORNEY VACANCY ANNOUNCEMENT #LA10-001 Applications must be postmarked by the closing date of February 26, 2010 and will be accepted up to five calendar days after the closing date. Date posted: 02-05-2010 * EXPERIENCED TRIAL ATTORNEYS, GS-0905 -13/14/15 U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION OFFICE OF INTERNATIONAL AFFAIRS WASHINGTON, DC 10-CRM-OIA-008 This vacancy announcement will remain open until February 19, 2010. Date posted: 02-05-2010 * VACANCY ANNOUNCEMENT ASSISTANT UNITED STATES ATTORNEY (CIVIL) UNITED STATES ATTORNEY'S OFFICE DISTRICT OF MARYLAND NORTHERN (BALTIMORE) DIVISION ANNOUNCEMENT NUMBER: 10-MD-04 This announcement will close on March 1, 2010; therefore, resumes, cover letters and transcripts must be e-mailed or received by the closing date. Date posted: 02-03-2010 * U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION OFFICE OF OVERSEAS PROSECUTORIAL DEVELOPMENT, ASSISTANCE AND TRAINING EXPERIENCED ATTORNEY / GS-14 to GS-15 (ALBANIA) Applications will be accepted until the position is filled. Date posted: 02-03-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TRIAL ATTTORNEY, GS-14/15 Application Deadline March 05, 2010. Date posted: 02-02-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, HOUSING AND CIVIL ENFORCEMENT SECTION TRIAL ATTORNEY, GS-14/15 Application Deadline February 25, 2010. Date posted: 02-02-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, COORDINATION AND REVIEW SECTION CHIEF, ES-905 (SENIOR EXCUTIVE SERVICE) Application Deadline March 11, 2010. Date posted: 01-29-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, VOTING SECTION CHIEF, ES-905 (SENIOR EXECUTIVE SERVICE) Application Deadline March 11, 2010. Date posted: 01-29-2010 * UNITED STATES ATTORNEYS OFFICE DISTRICT OF U.S. VIRGIN ISLANDS ASSISTANT UNITED STATES ATTORNEY VIRGIN ISLANDS JANUARY 27, 2010 Applications should be postmarked no later than Friday, February 17, 2010. Date posted: 01-29-2010 * TRIAL ATTORNEYS, GS-12 THROUGH GS-15 (TEMPORARY POSITIONS) CIVIL DIVISION, FEDERAL PROGRAMS BRANCH WASHINGTON, DC These positions are open until filled. Date posted: 01-29-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, EMPLOYMENT LITIGATION SECTION DEPUTY CHIEF, GS-15 Application Deadline March 10, 2010. Date posted: 01-29-2010 * U. S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, VOTING SECTION TRIAL ATTORNEY, GS-14/15 Application Deadline February 22, 2010. Date posted: 01-29-2010 * DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, VOTING SECTION DEPUTY CHIEF, GS-15 Application Deadline February 25, 2010. Date posted: 01-29-2010 * IMMIGRATION JUDGE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW ORLANDO, FL VACANCY ANNOUNCEMENT NUMBER: EOIR-10-0078 All applications must be received in the Human Resources Office by the close of business on February 18, 2010. Date posted: 01-29-2010 * UNITED STATES ATTORNEY'S OFFICE DISTRICT OF U.S. VIRGIN ISLANDS ASSISTANT UNITED STATES ATTORNEY VIRGIN ISLANDS JANUARY 27, 2010 Applications should be postmarked no later than Friday, February 19, 2010. Date posted: 01-27-2010 * DEPUTY CHIEF, PUBLIC INTEGRITY SECTION CRIMINAL DIVISION WASHINGTON, DC Applications must be received by the closing date February 23, 2010 to receive consideration. Date posted: 01-27-2010 The purpose of this email is to advise potential interested persons of employment opportunities at the Department of Justice. The Department of Justice cannot control further dissemination and/or posting of this information. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information. -------------- next part -------------- _______________________________________________ Jobs mailing list Jobs at nfbnet.org http://www.nfbnet.org/mailman/listinfo/jobs_nfbnet.org To unsubscribe, change your list options or get your account info for Jobs: http://www.nfbnet.org/mailman/options/jobs_nfbnet.org/noel.nightingale%40ed.gov From Noel.Nightingale at ed.gov Tue Feb 23 00:30:44 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 22 Feb 2010 18:30:44 -0600 Subject: [blindlaw] Section 508 citation In-Reply-To: <864777565-1266794183-cardhu_decombobulator_blackberry.rim.net-322048740-@bda907.bisx.prod.on.blackberry> Message-ID: Section 508 is at 29 U.S.C. 794d, and at the below link. http://www.law.cornell.edu/uscode/html/uscode29/usc_sec_29_00000794---d000-.html -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of clucas at disabilitypride.com Sent: Sunday, February 21, 2010 3:17 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] Section 508 citation 29 USC 794 Carrie ------Original Message------ From: E.J. Zufelt Sender: blindlaw-bounces at nfbnet.org To: blindlaw at nfbnet.org Mailing List ReplyTo: NFBnet Blind Law Mailing List Subject: [blindlaw] Section 508 citation Sent: Feb 21, 2010 3:03 PM Good afternoon, Hoping that someone can give me the proper citation to the law commonly referred to as "Section 508". The proper legal citation and a URL to an official copy of the law would be much appreciated. Thank you in advance,Everett Zufelt http://zufelt.ca Follow me on Twitter http://twitter.com/ezufelt View my LinkedIn Profile http://www.linkedin.com/in/ezufelt _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/clucas%40disabilitypride.com Sent on the Sprint(r) Now Network from my BlackBerry(r) _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/noel.nightingale%40ed.gov From LBlake at nfb.org Tue Feb 23 13:17:23 2010 From: LBlake at nfb.org (Blake, Lou Ann) Date: Tue, 23 Feb 2010 08:17:23 -0500 Subject: [blindlaw] 2010 Jacobus tenBroek Disability Law Symposium Message-ID: <7638A85981599142811F69FBB9508B6B0211B3F1@FPNTEXCBE01.services.local> Don't Miss Your Opportunity to Hear Assistant Attorney General for Civil Rights Tom Perez, Former Congressman Tony Coelho, and Other Leading Disabilities Rights Advocates at the 2010 Jacobus tenBroek Disability Law Symposium Equality, Difference, and the Right to Live in the World April 15-16, 2010 at the National Federation of the Blind Jernigan Institute Baltimore, Maryland Assistant Attorney General for Civil Rights Tom Perez and former Congressman Tony Coelho head the list of distinguished law professors, practitioners, and advocates who will discuss the concepts of equality and difference as they relate to the disabled in employment, education, medical treatment, and access to technology. With an expanded format to incorporate workshops, the 2010 symposium will provide more time for discussion, collaboration, and networking. 2010 plenary session presenters: * Adrienne Asch, Director, Center for Ethics, Yeshiva University * Dan Brock, Director, Division of Medical Ethics, Harvard Medical School * Richard Brown, Chief Judge, Wisconsin Court of Appeals * David Ferleger, Esquire, Law Office of David Ferleger * Dan Goldstein, Partner, Brown, Goldstein & Levy, LLP * Andrew Imparato, President and CEO, American Association of People with Disabilities * Leslie Seid Margolis, Managing Attorney, Education Unit, Maryland Disability Law Center * Mark Weber, Vincent dePaul Professor of Law, DePaul University College of Law 2010 workshop facilitators: * Charles Brown, Director, Volunteer Lawyers for the Blind, American Action Fund for Blind Children and Adults * Ira Burnim, Legal Director, Bazelon Center for Mental Health Law * Claudia Center, Senior Staff Attorney, The Legal Aid Society Employment Law Center * Marc Charmatz, Senior Attorney, National Association of the Deaf * Robert Dinerstein, Professor of Law and Director of Clinical Programs, American University Washington College of Law * Eve Hill, Senior Vice President, Burton Blatt Institute * Sharon Krevor-Weisbaum, Partner, Brown, Goldstein & Levy, LLP * Christopher Kuczynski, Esquire, Equal Employment Opportunity Commission * Jennifer Mathis, Deputy Legal Director, Bazelon Center for Mental Health Law * Ruby Moore, Executive Director, Georgia Advocacy Office, Inc. * Ari Ne'eman, President, Autistic Self-Advocacy Network * Steven Schwartz, Executive Director, Center for Public Representation Documentation for CLE credits will be provided. Registration fee: $175 Student registration fee: $25 A limited number of scholarships to cover the registration fee will be available to individuals with demonstrated financial need. To learn more about the symposium and symposium sponsorship opportunities, view the agenda, and register online, please visit http://www.nfb.org/nfb/Law_Symposium.asp . You may also download from this Web site a registration form to mail or fax. Hotel information is also available on the symposium Web site. For additional information, contact: Lou Ann Blake, JD Law Symposium Coordinator Jacobus tenBroek Library Jernigan Institute NATIONAL FEDERATION OF THE BLIND 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: 410-659-9314, ext. 2221 E-mail: lblake at nfb.org From Noel.Nightingale at ed.gov Tue Feb 23 16:29:59 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 23 Feb 2010 10:29:59 -0600 Subject: [blindlaw] I need of a San Deigo ADA attorney In-Reply-To: <162233.29282.qm@web36704.mail.mud.yahoo.com> Message-ID: You can also file a complaint with the U.S. Department of Education's Office for Civil Rights and do not need a lawyer to do so. To file a complaint, go on line to: www.ed.gov/ocr Noel Nightingale -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of M BG Sent: Thursday, February 18, 2010 1:56 PM To: Blind Law Mailing List Subject: [blindlaw] I need of a San Deigo ADA attorney Good afternoon all, I am a visually impaired parent in the San Diego area and I am having issue with my daughters High School providing me forms, grades, correspondence, etc. in ADA compliant formats within one of her specific courses. There has been an ongoing issue for several months and it is now to the point that further intervention outside of the High School and District is warranted. Within this group are there any attorneys in the San Diego area that I can consult with and determine if there is an ADA case? Respectfully requested, Misty M. Brandon _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/noel.nightingale%40ed.gov From Noel.Nightingale at ed.gov Mon Feb 1 22:17:27 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 1 Feb 2010 16:17:27 -0600 Subject: [blindlaw] Blind student wins computer aid for bar exam, San Francisco Chronicle, January 31 2010 Message-ID: Link: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/30/BARA1BPRQF.DTL Text: Blind student wins computer aid for bar exam Bob Egelko, Chronicle Staff Writer Sunday, January 31, 2010 A blind law student can use computer-assisted reading devices in next month's bar exam, a federal judge has ruled, rejecting the examiners' arguments that the assistance was too generous and might let someone steal the test questions. U.S. District Judge Charles Breyer of San Francisco ordered the National Conference of Bar Examiners on Friday to accommodate Stephanie Enyart, who was born sighted but suffers from macular degeneration and retinal dystrophy and was declared legally blind at 15. Enyart, 32, graduated last spring from UCLA Law School, where she took tests on a laptop with software that magnified the text and read the words into earbuds. But she has not taken the bar exam because the national examiners, who administer the two multiple-choice portions of the California test, have refused to allow the same arrangements. Federal disability law "does not require testing organizations to provide disabled examinees with their preferred accommodations," the examiners' lawyer, Gregory Tenhoff, said in court papers. He also said putting the test questions on a computer disk would expose them to hackers and thieves. The examiners said Enyart would have to accept the usual accommodations for blind and visually impaired applicants: a pencil-and-paper test with questions displayed on an enlarged screen, a human reader and twice the usual three-day testing period. Enyart, now a law clerk at Disability Rights Advocates in Berkeley, said in her suit that she needed the computer setup to have a fair chance of passing the exam. Breyer agreed Friday and said the bar could provide its own computer for increased security. "A disability should not prevent an individual from pursuing their dream, if that's what it is, of practicing law," the judge said. The exam begins Feb. 23. The examiners could ask a federal appeals court to block Breyer's order. Their office declined comment after the hearing. E-mail Bob Egelko at begelko at sfchronicle.com. This article appeared on page C - 2 of the San Francisco Chronicle From craig.borne at dot.gov Tue Feb 2 14:10:50 2010 From: craig.borne at dot.gov (craig.borne at dot.gov) Date: Tue, 2 Feb 2010 09:10:50 -0500 Subject: [blindlaw] FW: NHTSA CRD Vacancy Announcement Message-ID: <74679E5C9A6C114F9793FAD7217A7A0CBADBDA@OSTMAIL03VS3.ad.dot.gov> FYI - I have no other information on this announcement. Craig ________________________________ From: Jones, Mary Whigham (OST) Sent: Monday, February 01, 2010 5:10 PM To: List-OST-Civil Rights Directors; Williams, Anna (NHTSA); List-OST-Civil Rights Alternate Representatives and Assistants; Austin, Joseph (OST); Pentino, Marc (OST); Benison, John (OST); Ford, Frederick (OST); Gordon, Caffin (OST); Wright, Tami (OST); Workman, Yvette (OST); Gilliam, Brenda (OST); 'CARLTON.HADDEN at EEOC.GOV'; 'DEXTER.BROOKS at EEOC.GOV'; Sommers, Judy ; Bettis, Jerome (OST); Blackman, Helen (VOLPE); Williams, Harnetta ; Armstead, Yvette Subject: NHTSA CRD Vacancy Announcement FYI and wide dissemination to sources of potential excellent candidates. Mary N. Whigham Jones Deputy Director Departmental Office of Civil Rights Office of the Secretary U.S. Department of Transportation 1200 New Jersey Avenue, S.E., Rm. W-78-318 Washington, DC 20590 Phone: 202-366-4648 Email: mary.jones at dot.gov -------------- next part -------------- A non-text attachment was scrubbed... Name: NHTSA.NOA-2010-0001.pdf Type: application/octet-stream Size: 38113 bytes Desc: NHTSA.NOA-2010-0001.pdf URL: From Noel.Nightingale at ed.gov Fri Feb 5 21:28:06 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Fri, 5 Feb 2010 15:28:06 -0600 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings - Ref#30352783 Message-ID: -----Original Message----- From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On Behalf Of Amy Colando Sent: Friday, February 05, 2010 10:04 AM To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings Subject: [mamas_jobs] Current Microsoft Attorney Openings - Ref#30352783 Amy Colando posted: Thought fellow members might be interested in some Microsoft attorney openings. There's a link at the bottom for more information (and to apply). I've found Microsoft to be a family-friendly employer. Senior Attorney (Patent Counselor) -- IP&L Want to make a direct impact on the success of Microsoft's Business Division (MBD)? If so, you may want to consider joining the MBD Patent Counseling Team in Microsoft's Patent Group as a patent counseling attorney. As a patent counseling attorney, you will be the patent counsel for a number of business units within MBD, responsible for providing patent counseling to the business units on a wide variety of patent matters. Job Code 706884. Attorney -- Worldwide Sales Work with a talented team of professionals supporting the OEM division in the licensing and marketing of Microsoft software and hardware. Responsibilities include structuring, drafting, and negotiating agreements for licensing, distribution, and marketing for OEMs around the world. Job Code 711293. Senior Attorney Microsoft has an opening for a Senior Attorney to lead the delivery of legal support to Microsoft's SQL Server business unit. The SQL Server business is responsible for product development and marketing for the entire range of Microsoft SQL Server products and solutions. Responsibilities will include: the delivery of legal counseling to SQL Server executives and their teams on a broad range of complex legal, business, and strategic issues, including issues related to intellectual property protection and licensing, interoperability and standards, and applicable regulatory frameworks, including antitrust, privacy and security. Job Code 706658. To learn more about our current and future opportunities with Microsoft and formally apply to a specific opening, please refer to our careers website at https://careers.microsoft.com. Add your comments online: http://www.bigtent.com/group/forum/message/30352783?md=MTE3OTgzMDM= Advertisement ================================================================= Help raise up to $10,000 for a great charity. Goody will donate $1 for each user that sends their Girls on the Run virtual gift on Facebook. http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= ================================================================= ________________________________________ You received this email because you (noel.nightingale at ed.gov) are a member of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. Visit this group on the Web: http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= Unsubscribe or leave this group: https://www.bigtent.com/unsubscribe/11798303?key=wxFm7tsQizE2P9RHRLkcN3I0BTc%2FX%2Fimbhpk6cnZC5Q%3D&md=MTE3OTgzMDM= Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= From rumpole at roadrunner.com Sun Feb 7 19:59:31 2010 From: rumpole at roadrunner.com (Ross Doerr) Date: Sun, 7 Feb 2010 14:59:31 -0500 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 References: Message-ID: <76E3B1372A184759823341667160E666@none8a46117901> Hello Noel, are you practicing in the Washington State area, or are you in the Oregon area? Reply off list at rumpole at roadrunner.com HOpe you are well. ----- Original Message ----- From: "Nightingale, Noel" To: Sent: Friday, February 05, 2010 4:28 PM Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 > > > -----Original Message----- > From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On Behalf > Of Amy Colando > Sent: Friday, February 05, 2010 10:04 AM > To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings > Subject: [mamas_jobs] Current Microsoft Attorney Openings - Ref#30352783 > > Amy Colando posted: > > Thought fellow members might be interested in some Microsoft attorney > openings. There's a link at the bottom for more information (and to > apply). I've found Microsoft to be a family-friendly employer. > > Senior Attorney (Patent Counselor) -- IP&L Want to make a direct impact > on the success of Microsoft's Business Division (MBD)? If so, you may want > to consider joining the MBD Patent Counseling Team in Microsoft's Patent > Group as a patent counseling attorney. As a patent counseling attorney, > you will be the patent counsel for a number of business units within MBD, > responsible for providing patent counseling to the business units on a > wide variety of patent matters. Job Code 706884. > > > > Attorney -- Worldwide Sales Work with a talented team of professionals > supporting the OEM division in the licensing and marketing of Microsoft > software and hardware. Responsibilities include structuring, drafting, and > negotiating agreements for licensing, distribution, and marketing for OEMs > around the world. Job Code 711293. > > > > > > Senior Attorney > Microsoft has an opening for a Senior Attorney to lead the delivery of > legal support to Microsoft's SQL Server business unit. The SQL Server > business is responsible for product development and marketing for the > entire range of Microsoft SQL Server products and solutions. > Responsibilities will include: the delivery of legal counseling to SQL > Server executives and their teams on a broad range of complex legal, > business, and strategic issues, including issues related to intellectual > property protection and licensing, interoperability and standards, and > applicable regulatory frameworks, including antitrust, privacy and > security. Job Code 706658. > > > > To learn more about our current and future opportunities with Microsoft > and formally apply to a specific opening, please refer to our careers > website at https://careers.microsoft.com. > > > Add your comments online: > http://www.bigtent.com/group/forum/message/30352783?md=MTE3OTgzMDM= > > > Advertisement > ================================================================= > > Help raise up to $10,000 for a great charity. Goody will donate $1 for > each user that sends their Girls on the Run virtual gift on Facebook. > http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= > > ================================================================= > > > ________________________________________ > You received this email because you (noel.nightingale at ed.gov) are a member > of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. > > Visit this group on the Web: > http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= > Unsubscribe or leave this group: > https://www.bigtent.com/unsubscribe/11798303?key=wxFm7tsQizE2P9RHRLkcN3I0BTc%2FX%2Fimbhpk6cnZC5Q%3D&md=MTE3OTgzMDM= > > Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= > Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= > Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rumpole%40roadrunner.com -------------------------------------------------------------------------------- Internal Virus Database is out of date. Checked by AVG - www.avg.com Version: 8.5.432 / Virus Database: 271.1.1/2659 - Release Date: 01/31/10 06:39:00 From slabarre at labarrelaw.com Mon Feb 8 16:26:43 2010 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Mon, 8 Feb 2010 09:26:43 -0700 Subject: [blindlaw] Fw: New Reports, Award, and Publication from ABA Commission on Mental and Physical Disability Law Message-ID: <801C16BC41D8462EADF2E09801C30DAF@labarre> American Bar Association | Commission on Mental and Physical Disability LawFYI ----- Original Message ----- From: Commission on Mental and Physical Disability Law To: Scott Charles LaBarre Sent: Monday, February 08, 2010 5:00 AM Subject: New Reports, Award, and Publication from ABA Commission on Mental and Physical Disability Law Statistics of lawyers with disabilities in the legal profession and the ABA The Commission's 2010 Goal III Report details the participation of lawyers with disabilities in ABA Division, Section, and Forum leadership positions for the 2009-2010 bar year. The 2010 ABA Disability Statistics Report is a supplement to the Goal III Report that is a general compilation of statistics on individuals and lawyers with disabilities, their employment, and the legal profession...[read more] Nominate now for ABA Paul G. Hearne Award for Disability Rights Time is running out to nominate an individual who or organization that has performed exemplary service in the furtherance of access to justice for people with disabilities. Nominations are due by April 1, 2010... [read more] ABA Pledge for Change In furthering its commitment to diversity in the legal profession, the Commission is promoting "Disability Diversity in the Legal Profession: A Pledge for Change," a one-page pledge for legal employers to sign. The Pledge affirms the signatory's commitment to diversity, specifically disability diversity. Your employer can also be recognized for signing the Pledge...[read more] Civil Mental Disability Law, Evidence and Testimony This reference manual examines the rights of persons with mental disabilities, which touches on many distinct subject areas. Accordingly, this manual is divided into seven parts with 27 chapters, including: individual rights within the community, mental disability discrimination, entitlement programs, professional legal concerns, commitment and rights within facilities, and expert evidence...[read more] 2009 index of disability law cases Mental & Physical Disability Law Reporter's listing of all the cases it covered in 2009, organized both alphabetically and by subject matter...[read more--PDF format] Commission Programs & Services About Commission Disability Discussion Group ABA Pledge for Change 2009 Employment Conference Report Key Law Publications Recent Legal News & Developments Find a Disability Lawyer Law School Disability Programs Disability Resources/Organizations Jobs & Internships Events, Programs, and Activities Contact American Bar Association | Commission on Mental and Physical Disability Law 740 15th Street, N.W., 9th Floor| Washington, DC 20005-1022 | 202.662.1570 | cmpdl at abanet.org Your e-mail address will only be used within the ABA and its entities. We do not sell or rent e-mail addresses to anyone outside the ABA. Update your profile | Unsubscribe | Privacy Policy American Bar Association | 321 N Clark | Chicago, IL 60654 | 1-800-285-2221 From Noel.Nightingale at ed.gov Mon Feb 8 18:49:27 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 8 Feb 2010 12:49:27 -0600 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 In-Reply-To: <76E3B1372A184759823341667160E666@none8a46117901> Message-ID: I am in Seattle! -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Ross Doerr Sent: Sunday, February 07, 2010 12:00 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 Hello Noel, are you practicing in the Washington State area, or are you in the Oregon area? Reply off list at rumpole at roadrunner.com HOpe you are well. ----- Original Message ----- From: "Nightingale, Noel" To: Sent: Friday, February 05, 2010 4:28 PM Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft Attorney Openings -Ref#30352783 > > > -----Original Message----- > From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On > Behalf Of Amy Colando > Sent: Friday, February 05, 2010 10:04 AM > To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings > Subject: [mamas_jobs] Current Microsoft Attorney Openings - > Ref#30352783 > > Amy Colando posted: > > Thought fellow members might be interested in some Microsoft attorney > openings. There's a link at the bottom for more information (and to > apply). I've found Microsoft to be a family-friendly employer. > > Senior Attorney (Patent Counselor) -- IP&L Want to make a direct > impact on the success of Microsoft's Business Division (MBD)? If so, > you may want to consider joining the MBD Patent Counseling Team in > Microsoft's Patent Group as a patent counseling attorney. As a patent > counseling attorney, you will be the patent counsel for a number of > business units within MBD, responsible for providing patent counseling > to the business units on a wide variety of patent matters. Job Code 706884. > > > > Attorney -- Worldwide Sales Work with a talented team of professionals > supporting the OEM division in the licensing and marketing of > Microsoft software and hardware. Responsibilities include structuring, > drafting, and negotiating agreements for licensing, distribution, and marketing for OEMs > around the world. Job Code 711293. > > > > > > Senior Attorney > Microsoft has an opening for a Senior Attorney to lead the delivery of > legal support to Microsoft's SQL Server business unit. The SQL Server > business is responsible for product development and marketing for the > entire range of Microsoft SQL Server products and solutions. > Responsibilities will include: the delivery of legal counseling to > SQL Server executives and their teams on a broad range of complex > legal, business, and strategic issues, including issues related to > intellectual property protection and licensing, interoperability and > standards, and applicable regulatory frameworks, including antitrust, privacy and > security. Job Code 706658. > > > > To learn more about our current and future opportunities with Microsoft > and formally apply to a specific opening, please refer to our careers > website at https://careers.microsoft.com. > > > Add your comments online: > http://www.bigtent.com/group/forum/message/30352783?md=MTE3OTgzMDM= > > > Advertisement > ================================================================= > > Help raise up to $10,000 for a great charity. Goody will donate $1 for > each user that sends their Girls on the Run virtual gift on Facebook. > http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= > > ================================================================= > > > ________________________________________ > You received this email because you (noel.nightingale at ed.gov) are a member > of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. > > Visit this group on the Web: > http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= > Unsubscribe or leave this group: > https://www.bigtent.com/unsubscribe/11798303?key=wxFm7tsQizE2P9RHRLkcN3I0BTc%2FX%2Fimbhpk6cnZC5Q%3D&md=MTE3OTgzMDM= > > Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= > Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= > Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rumpole%40roadrunner.com -------------------------------------------------------------------------------- Internal Virus Database is out of date. Checked by AVG - www.avg.com Version: 8.5.432 / Virus Database: 271.1.1/2659 - Release Date: 01/31/10 06:39:00 _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/noel.nightingale%40ed.gov From rumpole at roadrunner.com Mon Feb 8 20:36:32 2010 From: rumpole at roadrunner.com (Ross Doerr) Date: Mon, 8 Feb 2010 15:36:32 -0500 Subject: [blindlaw] FW: [mamas_jobs] Current Microsoft AttorneyOpenings -Ref#30352783 References: Message-ID: HI Noel, I thought I remembered you were out that way. My wife and I were just there for a week visiting our son. He is in Seattle doing some writing and applying to graduate schools, so we followed through on our threat to visit him. I must say going from 5 degrees below zero to the 40's and 50's was really nice. I was also impressed at how easy it is to get around the city by public transportation. Here in Maine, what little public transit is available is really poor. They rarely run on any type of commuter schedule at all. And that is in the few places that have any transit. So, all in all, we very much enjoyed Seattle. I gave thought to trying to see if I could look you up while we were there, but could not recall what agency you worked for. IF nothing else, we could have bought you lunch one day. Is the weather always that nice there this time of year? Hope that you and yours are well. Ross From slabarre at labarrelaw.com Tue Feb 9 21:20:20 2010 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Tue, 9 Feb 2010 14:20:20 -0700 Subject: [blindlaw] looking for California blind student planning to attend law school in the next couple of years Message-ID: Greetings: We are looking to speak with a blind/legally blind college student who resides in California who plans on attending law school in California or elsewhere in the next two years. This student or students should be planning to take the law school admissions test (LSAT) some time in the next year and a half or so. This request would also apply to a blind/legally blind Californian who may have a under graduate degree and also plans to take the LSAT in the next year and a half or so. Please feel free to distribute this message widely. When responding, please email me at slabarre at labarrelaw.com and Anna Levine, alevine at dralegal.org, at Disability Rights Advocates. Additionally, if you have responded to a similar message in the past, we kindly ask you to respond this time as well. Thanks in advance for your assistance. 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. From Noel.Nightingale at ed.gov Wed Feb 10 18:07:04 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Wed, 10 Feb 2010 12:07:04 -0600 Subject: [blindlaw] Visionary Work, ABA Journal, October 2009 Message-ID: Blindlaw listers: I spotted this article from the October 2009 ABA Journal about a legal clinic for the blind being run by a retired blind judge. Link: http://www.abajournal.com/magazine/article/visionary_work/ Text: Visionary Work Posted Oct 1, 2009 By Barbara Rose Demand for free legal help surges during hard times, but at one unusual legal clinic in Chicago the demand is always great. The Kane Legal Clinic was founded three years ago to provide pro bono services to the blind. Operated by the Chicago Lighthouse for People Who Are Blind or Visually Impaired, the clinic is believed to be the only one of its kind in the country. "I don't think, even in the blind community, people are aware how great a need there is," says Nicholas T. Pomaro, the clinic's director. "Seventy percent of capable blind people are unemployed. They can't afford to hire an attorney." "You gotta walk a mile in someone's shoes to know what it's like," he adds. By that standard Pomaro, 71, is certainly qualified. Blinded at the age of 6 by a blood clot that affected his optic nerve, Pomaro was a Cook County Circuit Court judge for 29 years before he retired in 2005 to launch the clinic. Pomaro and a part-time paralegal have helped hundreds of people with legal matters, including discrimination issues, criminal defense and personal injury. Most problems can be resolved by a phone call or two. When they can't, he opens a case file. His files have more than doubled since the clinic opened. The clinic soon will move into larger quarters. But Pomaro has bigger dreams, including satellite offices in Chicago's suburbs. "There's a lot of blind attorneys who need work," he says. "I can't be everywhere." From pattichang at att.net Wed Feb 10 19:30:56 2010 From: pattichang at att.net (Patti chang ) Date: Wed, 10 Feb 2010 13:30:56 -0600 Subject: [blindlaw] Visionary Work, ABA Journal, October 2009 Message-ID: Nfbi sponsored an intern to work here. Patti Gregory-Chang President, NFBI Sent from my KNFB mobile. -original message- Subject: [blindlaw] Visionary Work, ABA Journal, October 2009 From: "Nightingale, Noel" Date: 02/10/2010 12:20 PM Blindlaw listers: I spotted this article from the October 2009 ABA Journal about a legal clinic for the blind being run by a retired blind judge. Link: http://www.abajournal.com/magazine/article/visionary_work/ Text: Visionary Work Posted Oct 1, 2009 By Barbara Rose Demand for free legal help surges during hard times, but at one unusual legal clinic in Chicago the demand is always great. The Kane Legal Clinic was founded three years ago to provide pro bono services to the blind. Operated by the Chicago Lighthouse for People Who Are Blind or Visually Impaired, the clinic is believed to be the only one of its kind in the country. "I don't think, even in the blind community, people are aware how great a need there is," says Nicholas T. Pomaro, the clinic's director. "Seventy percent of capable blind people are unemployed. They can't afford to hire an attorney." "You gotta walk a mile in someone's shoes to know what it's like," he adds. By that standard Pomaro, 71, is certainly qualified. Blinded at the age of 6 by a blood clot that affected his optic nerve, Pomaro was a Cook County Circuit Court judge for 29 years before he retired in 2005 to launch the clinic. Pomaro and a part-time paralegal have helped hundreds of people with legal matters, including discrimination issues, criminal defense and personal injury. Most problems can be resolved by a phone call or two. When they can't, he opens a case file. His files have more than doubled since the clinic opened. The clinic soon will move into larger quarters. But Pomaro has bigger dreams, including satellite offices in Chicago's suburbs. "There's a lot of blind attorneys who need work," he says. "I can't be everywhere." _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/pattichang%40att.net From AZNOR99 at aol.com Wed Feb 10 22:23:30 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Wed, 10 Feb 2010 17:23:30 EST Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examine... Message-ID: <140b5.508b7d83.38a48be2@aol.com> Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate’s motion for preliminary injunction on Thursday, February 4, 2010. The court’s ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: “The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations.” The plaintiff, Stephanie Enyart, said: “A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams.” Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE’s refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart’s disability. In rejecting NCBE’s argument, the court’s ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people’s lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. From Noel.Nightingale at ed.gov Wed Feb 10 22:44:56 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Wed, 10 Feb 2010 16:44:56 -0600 Subject: [blindlaw] FW: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC Message-ID: ________________________________ From: CMPDL's Disability Discussion Docket (3D) [mailto:CMPDL-3D at MAIL.ABANET.ORG] On Behalf Of Phelan, William Sent: Tuesday, January 12, 2010 1:25 PM To: CMPDL-3D at MAIL.ABANET.ORG Subject: FW: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC For 1Ls and 2Ls in law school. William J. Phelan, IV, Esq. Special Projects and Technology Coordinator Commission on Mental and Physical Disability Law American Bar Association phelanw at staff.abanet.org www.abanet.org/disability ________________________________ From: Carrie Griffin Basas Sent: Tuesday, January 12, 2010 4:24 PM To: Phelan, William; Parry, John Subject: Fwd: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC Begin forwarded message: From: Eve L Hill > Date: January 12, 2010 2:14:21 PM CST To: ADRC at LISTSERV.SYR.EDU Subject: [ADRC] 2010 Burton Blatt Institute Summer Law & Policy Internship in Washington, DC Reply-To: Association of Disability Rights Counsel > Hi all Attached is the announcement for the Burton Blatt Institute Summer Law & Policy Internship in Washington, DC. This is an 8-week program with a stipend of $5,000. It is open to 1st- and 2nd- year law students. Please distribute the announcement to law schools and law students. Thanks! Eve Eve Hill, Esq. Senior Vice President Burton Blatt Institute 1667 K St. NW Suite 640 Washington, DC 20006 (202) 296-2044 ehill at law.syr.edu This e-mail may contain confidential information that may also be legally privileged and that is intended only for the use of the Addressee(s) named above. If you are not the intended recipient or an authorized agent of the recipient, please be advised that any dissemination or copying of this e-mail, or taking of any action in reliance on the information contained herein, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by use of the Reply button, and then delete the e-mail from your system. Thank you! REMINDER: The ADRC listserv is intended to facilitate open discussion and sharing of ideas. Members need to feel confident that their discussions will not be distributed beyond the group unnecessarily. PLEASE CONSULT WITH THE SENDER(S) BEFORE FORWARDING ANY LISTSERV DISCUSSIONS BEYOND THE ADRC GROUP. --------- Going to respond to this message? Be sure to hit "Reply All" when doing so. [http://www.abanet.org/disability/images/3Dlogo.jpg] Disability Discussion Docket (3D) ABA Commission on Mental and Physical Disability Law http://www.abanet.org/disability --------- To leave this list at any time, please send a message to listserv at mail.abanet.org. In the body of the message type "sign off cmpdl-3d." If you have any questions about 3D or the CMPDL in general, please contact William Phelan at phelanw at staff.abanet.org. -------------- next part -------------- A non-text attachment was scrubbed... Name: BBI Internship 2010.docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 14952 bytes Desc: BBI Internship 2010.docx URL: -------------- next part -------------- An HTML attachment was scrubbed... URL: From JFreeh at nfb.org Thu Feb 11 11:43:33 2010 From: JFreeh at nfb.org (Freeh, Jessica) Date: Thu, 11 Feb 2010 05:43:33 -0600 Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate Message-ID: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com From b75205 at gmail.com Thu Feb 11 14:36:03 2010 From: b75205 at gmail.com (James Pepper) Date: Thu, 11 Feb 2010 08:36:03 -0600 Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate In-Reply-To: References: Message-ID: Does anyone have a copy of this exam, or a practice exam so i can demonstrate how to make it accessible? James G. Pepper On Thu, Feb 11, 2010 at 5:43 AM, Freeh, Jessica wrote: > > > FOR IMMEDIATE RELEASE > > > > CONTACT: > > Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. > 2330 > > Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 > > Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 > > Anna Levine, Disability Rights Advocates, (510) 665-8644 > > > > Federal Judge Orders the National Conference of Bar Examiners > to Provide Individualized Testing Accommodations > > to Blind Law School Graduate > > > > San Francisco, California (February 5, 2010): A federal court has ruled > that the National Conference of Bar Examiners (NCBE) will cause a blind law > school graduate irreparable harm unless it provides her the technology-based > testing accommodations she needs to take two exams required to become a > member of the State Bar of California. The court issued its ruling in an > order granting the law school graduate's motion for preliminary injunction > on Thursday, February 4, 2010. The court's ruling allows the plaintiff, > Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) > and March 2010 Multistate Professional Responsibility Examination (MPRE) on > a laptop computer equipped with the assistive technology software Ms. Enyart > relies upon for screen reading (JAWS) and screen magnification (ZoomText). > > > > Dr. Marc Maurer, President of the National Federation of the Blind, said: > "The National Federation of the Blind is extremely pleased with the ruling > in this case. Law and equity simply do not permit the NCBE to dictate a > one-size-fits-all solution for all bar candidates with disabilities. We > hope that this ruling will cause the NCBE to think long and hard before it > denies the requested accommodations of applicants to take its examinations." > > > > The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my > first request for accommodations on the March 2009 MPRE, and tonight I can > go to sleep knowing when and how I can effectively take the exams to fulfill > my dreams." > > > > Anna Levine of Disability Rights Advocates, an attorney representing the > plaintiff, said: "I hope that our hard-fought victory here will send a > message to testing organizations that they need to comply with the ADA and > provide each individual test taker with a disability the accommodations that > he or she needs to demonstrate his or her actual knowledge, skills, and > abilities." > > > > The suit was filed on November 3, 2009, due to the NCBE's refusal, on > multiple occasions during the past year, to allow Ms. Enyart to use the same > technology on the MBE and MPRE that she has used on university and law > school exams and in various jobs and internships. The suit charged that the > NCBE violated the Americans with Disabilities Act (ADA) and California's > Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. > > > > NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by > offering alternative accommodations, such as a human reader, notwithstanding > evidence that these alternatives did not, in fact, accommodate Ms. Enyart's > disability. In rejecting NCBE's argument, the court's ruling paves the way > for other individuals prevented from pursuing their professional dreams by > high stakes testing providers who take a rigid approach to disability > accommodations. > > > > The plaintiff is represented with the support of the National Federation of > the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, > Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further > represented by Disability Rights Advocates, a nonprofit law center that > specializes in civil rights cases on behalf of persons with disabilities, > based in Berkeley, California. > > > > > > ### > > > > About the National Federation of the Blind > > > > With more than 50,000 members, the National Federation of the Blind (NFB) > is the largest and most influential membership organization of blind people > in the United States. The NFB improves blind people's lives through > advocacy, education, research, technology, and programs encouraging > independence and self-confidence. It is the leading force in the blindness > field today and the voice of the nation's blind. In January 2004 the NFB > opened the National Federation of the Blind Jernigan Institute, the first > research and training center in the United States for the blind led by the > blind. > > > > __________ Information from ESET Smart Security, version of virus signature > database 4852 (20100209) __________ > > The message was checked by ESET Smart Security. > > http://www.eset.com > _______________________________________________ > 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: > > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/b75205%40gmail.com > From AZNOR99 at aol.com Thu Feb 11 15:47:16 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Thu, 11 Feb 2010 10:47:16 EST Subject: [blindlaw] Federal Judge Orders the National Conference of Bar Examiners ... Message-ID: <6a46.57ce51af.38a58084@aol.com> It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student’s Bar Exam Battle Isn’t Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com From DFrye at nfb.org Thu Feb 11 16:06:40 2010 From: DFrye at nfb.org (Frye, Dan) Date: Thu, 11 Feb 2010 11:06:40 -0500 Subject: [blindlaw] Stephanie's Case Message-ID: <7638A85981599142811F69FBB9508B6B0204C919@FPNTEXCBE01.services.local> Colleagues: I was disappointed to read the following article, indicating that the Bar Examiners plan to appeal the recent order in favor of Stephanie. The article follows: Bar exam firm appeals blind student's request Bob Egelko, Chronicle Staff Writer Thursday, February 11, 2010 (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the California bar exam has asked a federal appeals court to stop a blind law student from using computer-assisted reading devices in the test, which starts in two weeks. The company, the nonprofit National Conference of Bar Examiners, filed an emergency motion Tuesday asking the Ninth U.S. Circuit Court of Appeals in San Francisco to suspend a federal judge's order requiring the firm to accommodate Stephanie Enyart. Urgent action is needed, the company said, because Enyart might otherwise pass the test with computer assistance that she is not legally entitled to receive. Enyart works as a law clerk for Disability Rights Advocates in Berkeley and would suffer no hardship by waiting a few months for an appeals court to review the case, the company said. Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, called the request "flabbergasting ... irrational and mean-spirited." Enyart, 32, has been legally blind since 15 from macular degeneration and retinal dystrophy. As a UCLA law student, she took tests on a laptop with software that magnified the text and read the questions into earbuds. But she has not taken the bar exam because the nonprofit company, which administers the two multiple-choice portions of the California test, refused to allow the same arrangements. The company, which uses some of its questions on successive exams, said putting the test on a computer disk would expose its content to thieves. Its lawyers also argue that disabled students are not entitled to their preferred accommodations, only to those that provide reasonable access. The examiners offered a pencil-and-paper test with questions displayed on a large screen, a human reader and twice the usual three-day testing period. Enyart said she would become nauseous from having to look at the screen and needed the computer setup to have a fair chance of passing. U.S. District Judge Charles Breyer of San Francisco ordered the accommodations Jan. 29 and said the bar examiners could provide their own computer for increased security. The company said in Tuesday's motion that it still faces security risks from loading the questions into a laptop and shipping it to California. And although Breyer specified that his order applies only to Enyart, the company said other visually impaired students might take advantage of the ruling to demand their own preferred accommodations. E-mail Bob Egelko at begelko at sfchronicle.com . *********************** Daniel B. Frye, J.D. Editor The Braille Monitor National Federation of the Blind Office of the President 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: (410) 659-9314 Ext. 2208 Mobile: (410) 241-7006 Fax: (410) 685-5653 Email: DFrye at nfb.org Web Address: www.nfb.org "Voice of the Nation's Blind" From jsorozco at gmail.com Thu Feb 11 20:10:11 2010 From: jsorozco at gmail.com (Joe Orozco) Date: Thu, 11 Feb 2010 15:10:11 -0500 Subject: [blindlaw] Stephanie's Case In-Reply-To: <7638A85981599142811F69FBB9508B6B0204C919@FPNTEXCBE01.services.local> Message-ID: I'm not belittling Stephanie's case, but I guess I'm interested in something. I would have preferred to take the LSAT on a computer but took it in Braille instead. Could I have sued LSAC for not making the exam available on a computer, or is this a case where other students are allowed to take the Bar exam on a computer and Stephanie is not? Joe Orozco "Hard work spotlights the character of people: some turn up their sleeves, some turn up their noses, and some don't turn up at all."--Sam Ewing -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan Sent: Thursday, February 11, 2010 11:07 AM To: NFBnet Blind Law Mailing List Subject: [blindlaw] Stephanie's Case Colleagues: I was disappointed to read the following article, indicating that the Bar Examiners plan to appeal the recent order in favor of Stephanie. The article follows: Bar exam firm appeals blind student's request Bob Egelko, Chronicle Staff Writer Thursday, February 11, 2010 (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the California bar exam has asked a federal appeals court to stop a blind law student from using computer-assisted reading devices in the test, which starts in two weeks. The company, the nonprofit National Conference of Bar Examiners, filed an emergency motion Tuesday asking the Ninth U.S. Circuit Court of Appeals in San Francisco to suspend a federal judge's order requiring the firm to accommodate Stephanie Enyart. Urgent action is needed, the company said, because Enyart might otherwise pass the test with computer assistance that she is not legally entitled to receive. Enyart works as a law clerk for Disability Rights Advocates in Berkeley and would suffer no hardship by waiting a few months for an appeals court to review the case, the company said. Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, called the request "flabbergasting ... irrational and mean-spirited." Enyart, 32, has been legally blind since 15 from macular degeneration and retinal dystrophy. As a UCLA law student, she took tests on a laptop with software that magnified the text and read the questions into earbuds. But she has not taken the bar exam because the nonprofit company, which administers the two multiple-choice portions of the California test, refused to allow the same arrangements. The company, which uses some of its questions on successive exams, said putting the test on a computer disk would expose its content to thieves. Its lawyers also argue that disabled students are not entitled to their preferred accommodations, only to those that provide reasonable access. The examiners offered a pencil-and-paper test with questions displayed on a large screen, a human reader and twice the usual three-day testing period. Enyart said she would become nauseous from having to look at the screen and needed the computer setup to have a fair chance of passing. U.S. District Judge Charles Breyer of San Francisco ordered the accommodations Jan. 29 and said the bar examiners could provide their own computer for increased security. The company said in Tuesday's motion that it still faces security risks from loading the questions into a laptop and shipping it to California. And although Breyer specified that his order applies only to Enyart, the company said other visually impaired students might take advantage of the ruling to demand their own preferred accommodations. E-mail Bob Egelko at begelko at sfchronicle.com . *********************** Daniel B. Frye, J.D. Editor The Braille Monitor National Federation of the Blind Office of the President 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: (410) 659-9314 Ext. 2208 Mobile: (410) 241-7006 Fax: (410) 685-5653 Email: DFrye at nfb.org Web Address: www.nfb.org "Voice of the Nation's Blind" _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz co%40gmail.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com From cathrynisfinally at verizon.net Thu Feb 11 21:11:52 2010 From: cathrynisfinally at verizon.net (Cathryn Bonnette) Date: Thu, 11 Feb 2010 16:11:52 -0500 Subject: [blindlaw] Stephanie's Case In-Reply-To: References: <7638A85981599142811F69FBB9508B6B0204C919@FPNTEXCBE01.services.local> Message-ID: I took the essay exam using JAWS on a lap top with a human reader reading me the questions. This was not permitted on the Multistate part, and human readers could not read the questions accurately. When the net effect is limited access compared to normally sighted test takers, I believe the type of technology that allows equivalent access should not be allowed to remain an obstacle. Cathryn Bonnette -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Joe Orozco Sent: Thursday, February 11, 2010 3:10 PM To: 'NFBnet Blind Law Mailing List' Subject: Re: [blindlaw] Stephanie's Case I'm not belittling Stephanie's case, but I guess I'm interested in something. I would have preferred to take the LSAT on a computer but took it in Braille instead. Could I have sued LSAC for not making the exam available on a computer, or is this a case where other students are allowed to take the Bar exam on a computer and Stephanie is not? Joe Orozco "Hard work spotlights the character of people: some turn up their sleeves, some turn up their noses, and some don't turn up at all."--Sam Ewing -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan Sent: Thursday, February 11, 2010 11:07 AM To: NFBnet Blind Law Mailing List Subject: [blindlaw] Stephanie's Case Colleagues: I was disappointed to read the following article, indicating that the Bar Examiners plan to appeal the recent order in favor of Stephanie. The article follows: Bar exam firm appeals blind student's request Bob Egelko, Chronicle Staff Writer Thursday, February 11, 2010 (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the California bar exam has asked a federal appeals court to stop a blind law student from using computer-assisted reading devices in the test, which starts in two weeks. The company, the nonprofit National Conference of Bar Examiners, filed an emergency motion Tuesday asking the Ninth U.S. Circuit Court of Appeals in San Francisco to suspend a federal judge's order requiring the firm to accommodate Stephanie Enyart. Urgent action is needed, the company said, because Enyart might otherwise pass the test with computer assistance that she is not legally entitled to receive. Enyart works as a law clerk for Disability Rights Advocates in Berkeley and would suffer no hardship by waiting a few months for an appeals court to review the case, the company said. Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, called the request "flabbergasting ... irrational and mean-spirited." Enyart, 32, has been legally blind since 15 from macular degeneration and retinal dystrophy. As a UCLA law student, she took tests on a laptop with software that magnified the text and read the questions into earbuds. But she has not taken the bar exam because the nonprofit company, which administers the two multiple-choice portions of the California test, refused to allow the same arrangements. The company, which uses some of its questions on successive exams, said putting the test on a computer disk would expose its content to thieves. Its lawyers also argue that disabled students are not entitled to their preferred accommodations, only to those that provide reasonable access. The examiners offered a pencil-and-paper test with questions displayed on a large screen, a human reader and twice the usual three-day testing period. Enyart said she would become nauseous from having to look at the screen and needed the computer setup to have a fair chance of passing. U.S. District Judge Charles Breyer of San Francisco ordered the accommodations Jan. 29 and said the bar examiners could provide their own computer for increased security. The company said in Tuesday's motion that it still faces security risks from loading the questions into a laptop and shipping it to California. And although Breyer specified that his order applies only to Enyart, the company said other visually impaired students might take advantage of the ruling to demand their own preferred accommodations. E-mail Bob Egelko at begelko at sfchronicle.com . *********************** Daniel B. Frye, J.D. Editor The Braille Monitor National Federation of the Blind Office of the President 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: (410) 659-9314 Ext. 2208 Mobile: (410) 241-7006 Fax: (410) 685-5653 Email: DFrye at nfb.org Web Address: www.nfb.org "Voice of the Nation's Blind" _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz co%40gmail.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2681 - Release Date: 02/11/10 16:09:00 From joltingjacksandefur at gmail.com Thu Feb 11 21:28:17 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Thu, 11 Feb 2010 16:28:17 -0500 Subject: [blindlaw] Stephanie's Case References: Message-ID: <01F5FBF028E946B4B5C041CAEED35D3D@hometwxakonvzn> How does Florida deal with this issue? RJ ----- Original Message ----- From: "Joe Orozco" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 3:10 PM Subject: Re: [blindlaw] Stephanie's Case > I'm not belittling Stephanie's case, but I guess I'm interested in > something. I would have preferred to take the LSAT on a computer but took > it in Braille instead. Could I have sued LSAC for not making the exam > available on a computer, or is this a case where other students are > allowed > to take the Bar exam on a computer and Stephanie is not? > > Joe Orozco > > "Hard work spotlights the character of people: some turn up their sleeves, > some turn up their noses, and some don't turn up at all."--Sam Ewing > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org > [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan > Sent: Thursday, February 11, 2010 11:07 AM > To: NFBnet Blind Law Mailing List > Subject: [blindlaw] Stephanie's Case > > Colleagues: > > I was disappointed to read the following article, indicating that the > Bar Examiners plan to appeal the recent order in favor of Stephanie. The > article follows: > > > Bar exam firm appeals blind student's request > > > Bob Egelko, Chronicle Staff Writer > > Thursday, February 11, 2010 > > (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the > California bar exam has asked a federal appeals court to stop a blind > law student from using computer-assisted reading devices in the test, > which starts in two weeks. > > The company, the nonprofit National Conference of Bar Examiners, filed > an emergency motion Tuesday asking the Ninth U.S. Circuit Court of > Appeals in San Francisco to suspend a federal judge's order requiring > the firm to accommodate Stephanie Enyart. > > Urgent action is needed, the company said, because Enyart might > otherwise pass the test with computer assistance that she is not legally > entitled to receive. Enyart works as a law clerk for Disability Rights > Advocates in Berkeley and would suffer no hardship by waiting a few > months for an appeals court to review the case, the company said. > > Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, > called the request "flabbergasting ... irrational and mean-spirited." > > Enyart, 32, has been legally blind since 15 from macular degeneration > and retinal dystrophy. As a UCLA law student, she took tests on a laptop > with software that magnified the text and read the questions into > earbuds. > > But she has not taken the bar exam because the nonprofit company, which > administers the two multiple-choice portions of the California test, > refused to allow the same arrangements. > > The company, which uses some of its questions on successive exams, said > putting the test on a computer disk would expose its content to thieves. > Its lawyers also argue that disabled students are not entitled to their > preferred accommodations, only to those that provide reasonable access. > > The examiners offered a pencil-and-paper test with questions displayed > on a large screen, a human reader and twice the usual three-day testing > period. Enyart said she would become nauseous from having to look at the > screen and needed the computer setup to have a fair chance of passing. > > U.S. District Judge Charles Breyer of San Francisco ordered the > accommodations Jan. 29 and said the bar examiners could provide their > own computer for increased security. > > The company said in Tuesday's motion that it still faces security risks > from loading the questions into a laptop and shipping it to California. > And although Breyer specified that his order applies only to Enyart, the > company said other visually impaired students might take advantage of > the ruling to demand their own preferred accommodations. > > E-mail Bob Egelko at begelko at sfchronicle.com > . > > > *********************** > Daniel B. Frye, J.D. > Editor > The Braille Monitor > National Federation of the Blind > Office of the President > 200 East Wells Street at Jernigan Place > Baltimore, Maryland 21230 > Telephone: (410) 659-9314 Ext. 2208 > Mobile: (410) 241-7006 > Fax: (410) 685-5653 > Email: DFrye at nfb.org > Web Address: www.nfb.org > "Voice of the Nation's Blind" > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz > co%40gmail.com > > > __________ Information from ESET NOD32 Antivirus, version of > virus signature database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From goldflash9 at sbcglobal.net Thu Feb 11 21:53:18 2010 From: goldflash9 at sbcglobal.net (Sarah Clark) Date: Thu, 11 Feb 2010 13:53:18 -0800 Subject: [blindlaw] Stephanie's Case References: Message-ID: <00da01caab64$9f1715d0$6701a8c0@computer2> I don't know if they've allowed others to take the exam on a computer, but I know one thing. The next time I take any kind of standardized exam I am requiring them to either allow me to bring my own reader, or allow me to take it on a computer with Jaws. I very recently took a standardized professional exam with a reader that I was assured by the test administrators could read. Even after I brought my concerns about using a human reader to the administrators prior to the exam, they would not let me bring my own reader, nor would they let me speak to the reader ahead of time to ensure that the person could read. As it turns out, the person could not read. She was probably the worst "reader" I had ever met. The entire exam turned into a disaster and one of the most horrific experiences of my life. I will never again trust an organization's judgement of the quality of the readers they use. To them, their readers are all good. Yet it is a fact that they have taken no concrete measures to ensure this to be the case. I did pass the exam somehow, but I will never again allow myself to be put into a situation like that. Sarah ----- Original Message ----- From: "Joe Orozco" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 12:10 PM Subject: Re: [blindlaw] Stephanie's Case > I'm not belittling Stephanie's case, but I guess I'm interested in > something. I would have preferred to take the LSAT on a computer but took > it in Braille instead. Could I have sued LSAC for not making the exam > available on a computer, or is this a case where other students are > allowed > to take the Bar exam on a computer and Stephanie is not? > > Joe Orozco > > "Hard work spotlights the character of people: some turn up their sleeves, > some turn up their noses, and some don't turn up at all."--Sam Ewing > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org > [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan > Sent: Thursday, February 11, 2010 11:07 AM > To: NFBnet Blind Law Mailing List > Subject: [blindlaw] Stephanie's Case > > Colleagues: > > I was disappointed to read the following article, indicating that the > Bar Examiners plan to appeal the recent order in favor of Stephanie. The > article follows: > > > Bar exam firm appeals blind student's request > > > Bob Egelko, Chronicle Staff Writer > > Thursday, February 11, 2010 > > (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the > California bar exam has asked a federal appeals court to stop a blind > law student from using computer-assisted reading devices in the test, > which starts in two weeks. > > The company, the nonprofit National Conference of Bar Examiners, filed > an emergency motion Tuesday asking the Ninth U.S. Circuit Court of > Appeals in San Francisco to suspend a federal judge's order requiring > the firm to accommodate Stephanie Enyart. > > Urgent action is needed, the company said, because Enyart might > otherwise pass the test with computer assistance that she is not legally > entitled to receive. Enyart works as a law clerk for Disability Rights > Advocates in Berkeley and would suffer no hardship by waiting a few > months for an appeals court to review the case, the company said. > > Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, > called the request "flabbergasting ... irrational and mean-spirited." > > Enyart, 32, has been legally blind since 15 from macular degeneration > and retinal dystrophy. As a UCLA law student, she took tests on a laptop > with software that magnified the text and read the questions into > earbuds. > > But she has not taken the bar exam because the nonprofit company, which > administers the two multiple-choice portions of the California test, > refused to allow the same arrangements. > > The company, which uses some of its questions on successive exams, said > putting the test on a computer disk would expose its content to thieves. > Its lawyers also argue that disabled students are not entitled to their > preferred accommodations, only to those that provide reasonable access. > > The examiners offered a pencil-and-paper test with questions displayed > on a large screen, a human reader and twice the usual three-day testing > period. Enyart said she would become nauseous from having to look at the > screen and needed the computer setup to have a fair chance of passing. > > U.S. District Judge Charles Breyer of San Francisco ordered the > accommodations Jan. 29 and said the bar examiners could provide their > own computer for increased security. > > The company said in Tuesday's motion that it still faces security risks > from loading the questions into a laptop and shipping it to California. > And although Breyer specified that his order applies only to Enyart, the > company said other visually impaired students might take advantage of > the ruling to demand their own preferred accommodations. > > E-mail Bob Egelko at begelko at sfchronicle.com > . > > > *********************** > Daniel B. Frye, J.D. > Editor > The Braille Monitor > National Federation of the Blind > Office of the President > 200 East Wells Street at Jernigan Place > Baltimore, Maryland 21230 > Telephone: (410) 659-9314 Ext. 2208 > Mobile: (410) 241-7006 > Fax: (410) 685-5653 > Email: DFrye at nfb.org > Web Address: www.nfb.org > "Voice of the Nation's Blind" > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz > co%40gmail.com > > > __________ Information from ESET NOD32 Antivirus, version of > virus signature database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/goldflash9%40sbcglobal.net From cdanielsen8 at aol.com Fri Feb 12 00:14:05 2010 From: cdanielsen8 at aol.com (Chris Danielsen) Date: Thu, 11 Feb 2010 19:14:05 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... In-Reply-To: <6a46.57ce51af.38a58084@aol.com> References: <6a46.57ce51af.38a58084@aol.com> Message-ID: These guys are so gonna lose. How can they argue that waiting for appellate review will not harm Stephanie? It puts her career on hold. Sure, she has a job, but her opportunities would be greater financially and otherwise if she were licensed. I cannot see how they win on the merits. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 10:47 AM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com From cdanielsen8 at aol.com Fri Feb 12 00:22:33 2010 From: cdanielsen8 at aol.com (Chris Danielsen) Date: Thu, 11 Feb 2010 19:22:33 -0500 Subject: [blindlaw] Stephanie's Case In-Reply-To: <00da01caab64$9f1715d0$6701a8c0@computer2> References: <00da01caab64$9f1715d0$6701a8c0@computer2> Message-ID: I believe I have told this list before about my experience taking the bar exam. I was permitted to take the essay portion of my state's bar exam on a computer, with the questions provided to me in Braille. The multistate was also provided in Braille but a human reader had to fill in the answers. I was fine with the Braille copy but had I not been a proficient Braille reader and if the reader they gave me had been allowed to read to me, I shudder to think what would have happened. The fellow had only a high school diploma. He literally told me to call him Bubba. He was forty years old and still lived with his mom. A couple of times during the essay portion, the examiners revised the questions slightly; they sent a runner from another exam site to those of us with disabilities who were taking the exam at the South Carolina Supreme Court. Bubba had great difficulty reading the revisions but fortunately I could compare what he told me to the Braille questions and figure out what had been changed. I was lucky and passed, but I am still shocked that I had such a poor reader. He was a nice fellow and I have nothing against him, but no way was he qualified to be a reader for a blind person taking the bar exam. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Sarah Clark Sent: Thursday, February 11, 2010 4:53 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] Stephanie's Case I don't know if they've allowed others to take the exam on a computer, but I know one thing. The next time I take any kind of standardized exam I am requiring them to either allow me to bring my own reader, or allow me to take it on a computer with Jaws. I very recently took a standardized professional exam with a reader that I was assured by the test administrators could read. Even after I brought my concerns about using a human reader to the administrators prior to the exam, they would not let me bring my own reader, nor would they let me speak to the reader ahead of time to ensure that the person could read. As it turns out, the person could not read. She was probably the worst "reader" I had ever met. The entire exam turned into a disaster and one of the most horrific experiences of my life. I will never again trust an organization's judgement of the quality of the readers they use. To them, their readers are all good. Yet it is a fact that they have taken no concrete measures to ensure this to be the case. I did pass the exam somehow, but I will never again allow myself to be put into a situation like that. Sarah ----- Original Message ----- From: "Joe Orozco" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 12:10 PM Subject: Re: [blindlaw] Stephanie's Case > I'm not belittling Stephanie's case, but I guess I'm interested in > something. I would have preferred to take the LSAT on a computer but took > it in Braille instead. Could I have sued LSAC for not making the exam > available on a computer, or is this a case where other students are > allowed > to take the Bar exam on a computer and Stephanie is not? > > Joe Orozco > > "Hard work spotlights the character of people: some turn up their sleeves, > some turn up their noses, and some don't turn up at all."--Sam Ewing > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org > [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Dan > Sent: Thursday, February 11, 2010 11:07 AM > To: NFBnet Blind Law Mailing List > Subject: [blindlaw] Stephanie's Case > > Colleagues: > > I was disappointed to read the following article, indicating that the > Bar Examiners plan to appeal the recent order in favor of Stephanie. The > article follows: > > > Bar exam firm appeals blind student's request > > > Bob Egelko, Chronicle Staff Writer > > Thursday, February 11, 2010 > > (02-10) 14:04 PST SAN FRANCISCO -- The company that administers the > California bar exam has asked a federal appeals court to stop a blind > law student from using computer-assisted reading devices in the test, > which starts in two weeks. > > The company, the nonprofit National Conference of Bar Examiners, filed > an emergency motion Tuesday asking the Ninth U.S. Circuit Court of > Appeals in San Francisco to suspend a federal judge's order requiring > the firm to accommodate Stephanie Enyart. > > Urgent action is needed, the company said, because Enyart might > otherwise pass the test with computer assistance that she is not legally > entitled to receive. Enyart works as a law clerk for Disability Rights > Advocates in Berkeley and would suffer no hardship by waiting a few > months for an appeals court to review the case, the company said. > > Anna Levine, a Disability Rights Advocates lawyer who represents Enyart, > called the request "flabbergasting ... irrational and mean-spirited." > > Enyart, 32, has been legally blind since 15 from macular degeneration > and retinal dystrophy. As a UCLA law student, she took tests on a laptop > with software that magnified the text and read the questions into > earbuds. > > But she has not taken the bar exam because the nonprofit company, which > administers the two multiple-choice portions of the California test, > refused to allow the same arrangements. > > The company, which uses some of its questions on successive exams, said > putting the test on a computer disk would expose its content to thieves. > Its lawyers also argue that disabled students are not entitled to their > preferred accommodations, only to those that provide reasonable access. > > The examiners offered a pencil-and-paper test with questions displayed > on a large screen, a human reader and twice the usual three-day testing > period. Enyart said she would become nauseous from having to look at the > screen and needed the computer setup to have a fair chance of passing. > > U.S. District Judge Charles Breyer of San Francisco ordered the > accommodations Jan. 29 and said the bar examiners could provide their > own computer for increased security. > > The company said in Tuesday's motion that it still faces security risks > from loading the questions into a laptop and shipping it to California. > And although Breyer specified that his order applies only to Enyart, the > company said other visually impaired students might take advantage of > the ruling to demand their own preferred accommodations. > > E-mail Bob Egelko at begelko at sfchronicle.com > . > > > *********************** > Daniel B. Frye, J.D. > Editor > The Braille Monitor > National Federation of the Blind > Office of the President > 200 East Wells Street at Jernigan Place > Baltimore, Maryland 21230 > Telephone: (410) 659-9314 Ext. 2208 > Mobile: (410) 241-7006 > Fax: (410) 685-5653 > Email: DFrye at nfb.org > Web Address: www.nfb.org > "Voice of the Nation's Blind" > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/jsoroz > co%40gmail.com > > > __________ Information from ESET NOD32 Antivirus, version of > virus signature database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/goldflash9%40sbcgl obal.net _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com From AZNOR99 at aol.com Fri Feb 12 00:31:48 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Thu, 11 Feb 2010 19:31:48 EST Subject: [blindlaw] Federal Judge Orders the National Conference of BarExaminers . Message-ID: <18a60.778f4fd7.38a5fb74@aol.com> I believe clerkships such as hers have a time limit, so it's pretty likely she won't have a job for long. She's already had to wait over a year for the NCBE, meaning her life has been in limbo, her earned income potential is lower than had she taken and passed a Bar Exam, and her future is uncertain. And really, if they're so worried about their security, then why are States providing their essay exams in electronic format? That's saying nothing of Government Agency employment exams, the Foreign Service Exam, and tests such as AP and CLEP. Why can't they incrypt the data like government agencies and corporations do? Keep fighting, Stephanie! Common sense will succeed in the end. Ronza In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time, cdanielsen8 at aol.com writes: These guys are so gonna lose. How can they argue that waiting for appellate review will not harm Stephanie? It puts her career on hold. Sure, she has a job, but her opportunities would be greater financially and otherwise if she were licensed. I cannot see how they win on the merits. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 10:47 AM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com From joltingjacksandefur at gmail.com Fri Feb 12 00:51:09 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Thu, 11 Feb 2010 19:51:09 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers ... References: <6a46.57ce51af.38a58084@aol.com> Message-ID: Stephanie, are you willing to take this up to the supreme court if need be? ----- Original Message ----- From: "Chris Danielsen" To: "'NFBnet Blind Law Mailing List'" Sent: Thursday, February 11, 2010 7:14 PM Subject: Re: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers ... > These guys are so gonna lose. How can they argue that waiting for > appellate > review will not harm Stephanie? It puts her career on hold. Sure, she has > a > job, but her opportunities would be greater financially and otherwise if > she > were licensed. I cannot see how they win on the merits. > > Chris > > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On > Behalf Of AZNOR99 at aol.com > Sent: Thursday, February 11, 2010 10:47 AM > To: blindlaw at nfbnet.org > Subject: Re: [blindlaw] Federal Judge Orders the National Conference of > BarExaminers ... > > It's not over yet. See article below from ABA Journal. > _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) > > > Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th > Cir. Software Ban > > > A federal judge's ruling last month that Stephanie Enyart must be allowed > to use screen-reader software when taking the Multistate Bar Examination > might not be the final answer for the blind law graduate. > In a filing yesterday, the National Conference of Bar Examiners seeks an > emergency ruling from the San Francisco-based 9th U.S. Circuit Court of > Appeals suspending a district court order that Enyart must be allowed to > use > the software during the California bar exam later this month, the _San > Francisco Chronicle_ > (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) > reports. > The NCBE, which administers the test throughout the country, contends that > having to wait a few more months for appellate review of the federal > district court's decision in Enyart's favor would not pose a hardship to > her, the > newspaper says. > Attorney Anna Levine of Disability Rights Advocates represents Enyart. She > calls the appellate filing "flabbergasting ... irrational and > mean-spirited." > The NCBE objects to the software, which magnifies the test text and reads > the material into earbuds worn by the user because of security concerns. > Enyart says that a human reader, which the NCBE would permit, is less > efficient at the job and a potential distraction during the exam. > Earlier coverage: > > > In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, > JFreeh at nfb.org writes: > > > > FOR IMMEDIATE RELEASE > > > > CONTACT: > > Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. > 2330 > > Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 > > Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 > > Anna Levine, Disability Rights Advocates, (510) 665-8644 > > > > Federal Judge Orders the National Conference of Bar Examiners > to Provide Individualized Testing Accommodations > > to Blind Law School Graduate > > > > San Francisco, California (February 5, 2010): A federal court has > ruled that the National Conference of Bar Examiners (NCBE) will cause > a blind law school graduate irreparable harm unless it provides her > the technology-based testing accommodations she needs to take two > exams required to become a member of the State Bar of > California. The court issued its ruling in an order granting the law > school graduate's motion for preliminary injunction on Thursday, > February 4, 2010. The court's ruling allows the plaintiff, Stephanie > Enyart, to take the February 2010 Multistate Bar Examination (MBE) > and March 2010 Multistate Professional Responsibility Examination > (MPRE) on a laptop computer equipped with the assistive technology > software Ms. Enyart relies upon for screen reading (JAWS) and screen > magnification (ZoomText). > > > > Dr. Marc Maurer, President of the National Federation of the Blind, > said: "The National Federation of the Blind is extremely pleased with > the ruling in this case. Law and equity simply do not permit the > NCBE to dictate a one-size-fits-all solution for all bar candidates > with disabilities. We hope that this ruling will cause the NCBE to > think long and hard before it denies the requested accommodations of > applicants to take its examinations." > > > > The plaintiff, Stephanie Enyart, said: "A little over a year ago I > sent my first request for accommodations on the March 2009 MPRE, and > tonight I can go to sleep knowing when and how I can effectively take > the exams to fulfill my dreams." > > > > Anna Levine of Disability Rights Advocates, an attorney representing > the plaintiff, said: "I hope that our hard-fought victory here will > send a message to testing organizations that they need to comply with > the ADA and provide each individual test taker with a disability the > accommodations that he or she needs to demonstrate his or her actual > knowledge, skills, and abilities." > > > > The suit was filed on November 3, 2009, due to the NCBE's refusal, on > multiple occasions during the past year, to allow Ms. Enyart to use > the same technology on the MBE and MPRE that she has used on > university and law school exams and in various jobs and > internships. The suit charged that the NCBE violated the Americans > with Disabilities Act (ADA) and California's Unruh Civil Rights Act > by denying accommodations on the MBE and the MPRE. > > > > NCBE had argued that it fulfilled its legal obligations to Ms. Enyart > by offering alternative accommodations, such as a human reader, > notwithstanding evidence that these alternatives did not, in fact, > accommodate Ms. Enyart's disability. In rejecting NCBE's argument, > the court's ruling paves the way for other individuals prevented from > pursuing their professional dreams by high stakes testing providers > who take a rigid approach to disability accommodations. > > > > The plaintiff is represented with the support of the National > Federation of the Blind by LaBarre Law Offices, P.C., in Denver, > Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, > Maryland. The plaintiff is further represented by Disability Rights > Advocates, a nonprofit law center that specializes in civil rights > cases on behalf of persons with disabilities, based in Berkeley, > California. > > > > > > ### > > > > About the National Federation of the Blind > > > > With more than 50,000 members, the National Federation of the Blind > (NFB) is the largest and most influential membership organization of > blind people in the United States. The NFB improves blind people's > lives through advocacy, education, research, technology, and programs > encouraging independence and self-confidence. It is the leading > force in the blindness field today and the voice of the nation's > blind. In January 2004 the NFB opened the National Federation of the > Blind Jernigan Institute, the first research and training center in > the United States for the blind led by the blind. > > > > __________ Information from ESET Smart Security, version of virus > signature database 4852 (20100209) __________ > > The message was checked by ESET Smart Security. > > http://www.eset.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. > com > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From mikefry79 at gmail.com Fri Feb 12 03:01:27 2010 From: mikefry79 at gmail.com (Michael Fry) Date: Thu, 11 Feb 2010 19:01:27 -0800 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers ... In-Reply-To: References: <6a46.57ce51af.38a58084@aol.com> Message-ID: <8c58e54a1002111901v1c390e27wb70e855e7a7c6ec7@mail.gmail.com> Glad to see that your fighting to make things better for all of us, Staphnie. You're awesome. By not taking the easy way out, you're sending a message that it's not okay to block new technology that makes the lives of people with disabilities better. The defendants want to forstall the application of technology that will alleviate a small part of the visually impaired's suffering, albeit a small amount of suffering. They want to do this because of some supposed hypothetical security threat. They want to shift the burden of proof from them proving that the software posses a threat to you proving that the software is safe. It's impossible to prove a negative, i.e. that the software is safe. This here is a small example of the precautionary principal at work. The precatuionary principal is the enemy of people with disabilities. I tell you all right now, this neo-luddite way of thinking is more dangerous to people with disabilities than it is to anyone else. I wish you could sue them for damages instead of just injuctive relief. Teach these b$#%ards a lesson to think twice before denying a legitimate accomodation request. On Thu, Feb 11, 2010 at 4:51 PM, RJ Sandefur wrote: > Stephanie, are you willing to take this up to the supreme court if need be? > ----- Original Message ----- From: "Chris Danielsen" > To: "'NFBnet Blind Law Mailing List'" > Sent: Thursday, February 11, 2010 7:14 PM > > Subject: Re: [blindlaw] Federal Judge Orders the National Conference > ofBarExaminers ... > > > These guys are so gonna lose. How can they argue that waiting for >> appellate >> review will not harm Stephanie? It puts her career on hold. Sure, she has >> a >> job, but her opportunities would be greater financially and otherwise if >> she >> were licensed. I cannot see how they win on the merits. >> >> Chris >> >> >> -----Original Message----- >> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On >> Behalf Of AZNOR99 at aol.com >> Sent: Thursday, February 11, 2010 10:47 AM >> To: blindlaw at nfbnet.org >> Subject: Re: [blindlaw] Federal Judge Orders the National Conference of >> BarExaminers ... >> >> It's not over yet. See article below from ABA Journal. >> _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) >> >> >> Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th >> Cir. Software Ban >> >> >> A federal judge's ruling last month that Stephanie Enyart must be allowed >> to use screen-reader software when taking the Multistate Bar Examination >> might not be the final answer for the blind law graduate. >> In a filing yesterday, the National Conference of Bar Examiners seeks an >> emergency ruling from the San Francisco-based 9th U.S. Circuit Court of >> Appeals suspending a district court order that Enyart must be allowed to >> use >> the software during the California bar exam later this month, the _San >> Francisco Chronicle_ >> ( >> http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL >> ) >> reports. >> The NCBE, which administers the test throughout the country, contends that >> having to wait a few more months for appellate review of the federal >> district court's decision in Enyart's favor would not pose a hardship to >> her, the >> newspaper says. >> Attorney Anna Levine of Disability Rights Advocates represents Enyart. She >> calls the appellate filing "flabbergasting ... irrational and >> mean-spirited." >> The NCBE objects to the software, which magnifies the test text and reads >> the material into earbuds worn by the user because of security concerns. >> Enyart says that a human reader, which the NCBE would permit, is less >> efficient at the job and a potential distraction during the exam. >> Earlier coverage: >> >> >> In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, >> JFreeh at nfb.org writes: >> >> >> >> FOR IMMEDIATE RELEASE >> >> >> >> CONTACT: >> >> Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. >> 2330 >> >> Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 >> >> Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 >> >> Anna Levine, Disability Rights Advocates, (510) 665-8644 >> >> >> >> Federal Judge Orders the National Conference of Bar Examiners >> to Provide Individualized Testing Accommodations >> >> to Blind Law School Graduate >> >> >> >> San Francisco, California (February 5, 2010): A federal court has >> ruled that the National Conference of Bar Examiners (NCBE) will cause >> a blind law school graduate irreparable harm unless it provides her >> the technology-based testing accommodations she needs to take two >> exams required to become a member of the State Bar of >> California. The court issued its ruling in an order granting the law >> school graduate's motion for preliminary injunction on Thursday, >> February 4, 2010. The court's ruling allows the plaintiff, Stephanie >> Enyart, to take the February 2010 Multistate Bar Examination (MBE) >> and March 2010 Multistate Professional Responsibility Examination >> (MPRE) on a laptop computer equipped with the assistive technology >> software Ms. Enyart relies upon for screen reading (JAWS) and screen >> magnification (ZoomText). >> >> >> >> Dr. Marc Maurer, President of the National Federation of the Blind, >> said: "The National Federation of the Blind is extremely pleased with >> the ruling in this case. Law and equity simply do not permit the >> NCBE to dictate a one-size-fits-all solution for all bar candidates >> with disabilities. We hope that this ruling will cause the NCBE to >> think long and hard before it denies the requested accommodations of >> applicants to take its examinations." >> >> >> >> The plaintiff, Stephanie Enyart, said: "A little over a year ago I >> sent my first request for accommodations on the March 2009 MPRE, and >> tonight I can go to sleep knowing when and how I can effectively take >> the exams to fulfill my dreams." >> >> >> >> Anna Levine of Disability Rights Advocates, an attorney representing >> the plaintiff, said: "I hope that our hard-fought victory here will >> send a message to testing organizations that they need to comply with >> the ADA and provide each individual test taker with a disability the >> accommodations that he or she needs to demonstrate his or her actual >> knowledge, skills, and abilities." >> >> >> >> The suit was filed on November 3, 2009, due to the NCBE's refusal, on >> multiple occasions during the past year, to allow Ms. Enyart to use >> the same technology on the MBE and MPRE that she has used on >> university and law school exams and in various jobs and >> internships. The suit charged that the NCBE violated the Americans >> with Disabilities Act (ADA) and California's Unruh Civil Rights Act >> by denying accommodations on the MBE and the MPRE. >> >> >> >> NCBE had argued that it fulfilled its legal obligations to Ms. Enyart >> by offering alternative accommodations, such as a human reader, >> notwithstanding evidence that these alternatives did not, in fact, >> accommodate Ms. Enyart's disability. In rejecting NCBE's argument, >> the court's ruling paves the way for other individuals prevented from >> pursuing their professional dreams by high stakes testing providers >> who take a rigid approach to disability accommodations. >> >> >> >> The plaintiff is represented with the support of the National >> Federation of the Blind by LaBarre Law Offices, P.C., in Denver, >> Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, >> Maryland. The plaintiff is further represented by Disability Rights >> Advocates, a nonprofit law center that specializes in civil rights >> cases on behalf of persons with disabilities, based in Berkeley, >> California. >> >> >> >> >> >> ### >> >> >> >> About the National Federation of the Blind >> >> >> >> With more than 50,000 members, the National Federation of the Blind >> (NFB) is the largest and most influential membership organization of >> blind people in the United States. The NFB improves blind people's >> lives through advocacy, education, research, technology, and programs >> encouraging independence and self-confidence. It is the leading >> force in the blindness field today and the voice of the nation's >> blind. In January 2004 the NFB opened the National Federation of the >> Blind Jernigan Institute, the first research and training center in >> the United States for the blind led by the blind. >> >> >> >> __________ Information from ESET Smart Security, version of virus >> signature database 4852 (20100209) __________ >> >> The message was checked by ESET Smart Security. >> >> http://www.eset.com >> _______________________________________________ >> 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: >> >> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com >> _______________________________________________ >> 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: >> >> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol >> . >> com >> >> >> __________ Information from ESET NOD32 Antivirus, version of virus >> signature >> database 4859 (20100211) __________ >> >> The message was checked by ESET NOD32 Antivirus. >> >> http://www.eset.com >> >> >> >> _______________________________________________ >> 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: >> >> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com >> > > > _______________________________________________ > 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: > > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mikefry79%40gmail.com > From invite+20f0zs_6 at facebookmail.com Fri Feb 12 04:08:30 2010 From: invite+20f0zs_6 at facebookmail.com (Chikodinaka Oguledo) Date: Thu, 11 Feb 2010 20:08:30 -0800 Subject: [blindlaw] Take a look at my photos on Facebook Message-ID: <29cbdb714bd9073c31eaa5c3529da291@www.facebook.com> Hi Blindlaw, I set up a Facebook Profile where I can post my pictures, videos and events and I want to add you as a friend so you can see it. First, you need to join Facebook! Once you join, you can also create your own profile. Thanks, Chikodinaka To join Facebook, please follow the link below: http://www.facebook.com/p.php?i=1151012561&k=Z514Y6U5S6TFYGBHXEW3Y5PQUPJGXZ61&r Already have an account? Add this email address to your account http://www.facebook.com/n/?merge_accounts.php&e=blindlaw at nfbnet.org&c=fe7d097b8b9bd7cf845b650ceaed5d29.blindlaw at nfbnet.org was invited to join Facebook by Chikodinaka Oguledo. If you do not wish to receive this type of email from Facebook in the future, please click on the link below to unsubscribe. http://www.facebook.com/o.php?k=27e3b6&u=1656897808&mid=1ded16cG62c24110G0G8 Facebook's offices are located at 1601 S. California Ave., Palo Alto, CA 94304. From mdubin at pobox.com Fri Feb 12 09:41:44 2010 From: mdubin at pobox.com (Marc Dubin) Date: Fri, 12 Feb 2010 01:41:44 -0800 Subject: [blindlaw] The CIL's Advocacy Blog has some new, easy to remember addresses -- and some new Advocacy Committees -- Visit and get involved Message-ID: <5A25DC99048B6F43BF1B0D75457F7C6924F65FD005@EXVMBX016-1.exch016.msoutlookonline.net> 2/12/10: The CIL of South Florida's Advocacy Blog is a way to stay informed, and to get involved. Visit www.adaadvocacyblog.org or www.ciladvocacyblog.org. Please link to us. Please tell others. We also have formed Advocacy Committees. Join a Committee, and get involved. Visit http://cilsfla.blogspot.com/2010/02/advocacy-committeesworking-groups.html Marc Marc Dubin, Esq. Director of Advocacy, Center for Independent Living of South Florida www.ciladvocacyblog.org www.dvsacblog.org mdubin at pobox.com Mobile: 305-896-3000 Fax: 877-731-3030 Former Senior Trial Attorney, U.S. Department of Justice Civil Rights Division, Disability Rights Section- 1993-2005 www.ada.gov Former Special Counsel, Office on Violence Against Women, USDOJ Founder & Executive Director, CAVNET www.cavnet.org Available for consultation on matters involving the Americans with Disabilities Act or on matters involving violence against women "Several years ago, I worked with Marc in resolving a complaint against a local arts organization concerning accessibility. I found Marc to be thoroughly professional, an expert on the ADA, and a fine example of what an attorney advocating for his client can accomplish." Betty Siegel, Director of Accessibility at the John F. Kennedy Center for the Performing Arts, Washington, D.C. "We appreciate your passion ... We see you as a partner and a friend for all the feedback that you have given us..." Marriott Hotel "Marc's style of negotiation is excellent. He offers concerns and information about possible violations of the law, time and time again, challenging one to improve services to people with disabilities and providing the tools and contacts to do so.... I have found him to be thoroughly professional, well-informed, very well-connected, and an asset to my efforts to enhance services to the disability community...." Joe Kocy, formerly the Broward County Administrator's Special Assistant for Housing From joltingjacksandefur at gmail.com Fri Feb 12 10:25:21 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Fri, 12 Feb 2010 05:25:21 -0500 Subject: [blindlaw] The CIL's Advocacy Blog has some new, easy to remember addresses -- and some new Advocacy Committees -- Visit and get involved References: <5A25DC99048B6F43BF1B0D75457F7C6924F65FD005@EXVMBX016-1.exch016.msoutlookonline.net> Message-ID: <93A0DEAEA45148218411B28D45A449C5@hometwxakonvzn> Are their any other Lawyers from Florida on this list? RJ ----- Original Message ----- From: "Marc Dubin" To: Sent: Friday, February 12, 2010 4:41 AM Subject: [blindlaw] The CIL's Advocacy Blog has some new, easy to remember addresses -- and some new Advocacy Committees -- Visit and get involved > 2/12/10: > > The CIL of South Florida's Advocacy Blog is a way to stay informed, and to > get involved. Visit > www.adaadvocacyblog.org or > www.ciladvocacyblog.org. Please link to > us. Please tell others. > > We also have formed Advocacy Committees. Join a Committee, and get > involved. Visit > http://cilsfla.blogspot.com/2010/02/advocacy-committeesworking-groups.html > > Marc > > Marc Dubin, Esq. > Director of Advocacy, Center for Independent Living of South Florida > www.ciladvocacyblog.org > www.dvsacblog.org > mdubin at pobox.com > Mobile: 305-896-3000 > Fax: 877-731-3030 > Former Senior Trial Attorney, U.S. Department of Justice > Civil Rights Division, Disability Rights Section- 1993-2005 > www.ada.gov > Former Special Counsel, Office on Violence Against Women, USDOJ > Founder & Executive Director, CAVNET > www.cavnet.org > > Available for consultation on matters involving the Americans with > Disabilities Act or on matters involving violence against women > > > "Several years ago, I worked with Marc in resolving a complaint against a > local arts organization concerning accessibility. I found Marc to be > thoroughly professional, an expert on the ADA, and a fine example of what > an attorney advocating for his client can accomplish." Betty Siegel, > Director of Accessibility at the John F. Kennedy Center for the Performing > Arts, Washington, D.C. > > "We appreciate your passion ... We see you as a partner and a friend for > all the feedback that you have given us..." Marriott Hotel > > "Marc's style of negotiation is excellent. He offers concerns and > information about possible violations of the law, time and time again, > challenging one to improve services to people with disabilities and > providing the tools and contacts to do so.... I have found him to be > thoroughly professional, well-informed, very well-connected, and an asset > to my efforts to enhance services to the disability community...." > Joe Kocy, formerly the Broward County Administrator's Special Assistant > for Housing > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From cathrynisfinally at verizon.net Fri Feb 12 12:24:53 2010 From: cathrynisfinally at verizon.net (Cathryn Bonnette) Date: Fri, 12 Feb 2010 07:24:53 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . In-Reply-To: <18a60.778f4fd7.38a5fb74@aol.com> References: <18a60.778f4fd7.38a5fb74@aol.com> Message-ID: <0616A7B5BDEF4C359DFE1716E8E23EE3@14bd0130080a469> If my understanding is correct, the appellate court will only look for errors, procedural etc., not revisit the facts. (?) Is there a chance other law students face this and could become a class action? Cathryn -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 7:32 PM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . I believe clerkships such as hers have a time limit, so it's pretty likely she won't have a job for long. She's already had to wait over a year for the NCBE, meaning her life has been in limbo, her earned income potential is lower than had she taken and passed a Bar Exam, and her future is uncertain. And really, if they're so worried about their security, then why are States providing their essay exams in electronic format? That's saying nothing of Government Agency employment exams, the Foreign Service Exam, and tests such as AP and CLEP. Why can't they incrypt the data like government agencies and corporations do? Keep fighting, Stephanie! Common sense will succeed in the end. Ronza In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time, cdanielsen8 at aol.com writes: These guys are so gonna lose. How can they argue that waiting for appellate review will not harm Stephanie? It puts her career on hold. Sure, she has a job, but her opportunities would be greater financially and otherwise if she were licensed. I cannot see how they win on the merits. Chris -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of AZNOR99 at aol.com Sent: Thursday, February 11, 2010 10:47 AM To: blindlaw at nfbnet.org Subject: Re: [blindlaw] Federal Judge Orders the National Conference of BarExaminers ... It's not over yet. See article below from ABA Journal. _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th Cir. Software Ban A federal judge's ruling last month that Stephanie Enyart must be allowed to use screen-reader software when taking the Multistate Bar Examination might not be the final answer for the blind law graduate. In a filing yesterday, the National Conference of Bar Examiners seeks an emergency ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals suspending a district court order that Enyart must be allowed to use the software during the California bar exam later this month, the _San Francisco Chronicle_ (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) reports. The NCBE, which administers the test throughout the country, contends that having to wait a few more months for appellate review of the federal district court's decision in Enyart's favor would not pose a hardship to her, the newspaper says. Attorney Anna Levine of Disability Rights Advocates represents Enyart. She calls the appellate filing "flabbergasting ... irrational and mean-spirited." The NCBE objects to the software, which magnifies the test text and reads the material into earbuds worn by the user because of security concerns. Enyart says that a human reader, which the NCBE would permit, is less efficient at the job and a potential distraction during the exam. Earlier coverage: In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, JFreeh at nfb.org writes: FOR IMMEDIATE RELEASE CONTACT: Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. 2330 Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 Anna Levine, Disability Rights Advocates, (510) 665-8644 Federal Judge Orders the National Conference of Bar Examiners to Provide Individualized Testing Accommodations to Blind Law School Graduate San Francisco, California (February 5, 2010): A federal court has ruled that the National Conference of Bar Examiners (NCBE) will cause a blind law school graduate irreparable harm unless it provides her the technology-based testing accommodations she needs to take two exams required to become a member of the State Bar of California. The court issued its ruling in an order granting the law school graduate's motion for preliminary injunction on Thursday, February 4, 2010. The court's ruling allows the plaintiff, Stephanie Enyart, to take the February 2010 Multistate Bar Examination (MBE) and March 2010 Multistate Professional Responsibility Examination (MPRE) on a laptop computer equipped with the assistive technology software Ms. Enyart relies upon for screen reading (JAWS) and screen magnification (ZoomText). Dr. Marc Maurer, President of the National Federation of the Blind, said: "The National Federation of the Blind is extremely pleased with the ruling in this case. Law and equity simply do not permit the NCBE to dictate a one-size-fits-all solution for all bar candidates with disabilities. We hope that this ruling will cause the NCBE to think long and hard before it denies the requested accommodations of applicants to take its examinations." The plaintiff, Stephanie Enyart, said: "A little over a year ago I sent my first request for accommodations on the March 2009 MPRE, and tonight I can go to sleep knowing when and how I can effectively take the exams to fulfill my dreams." Anna Levine of Disability Rights Advocates, an attorney representing the plaintiff, said: "I hope that our hard-fought victory here will send a message to testing organizations that they need to comply with the ADA and provide each individual test taker with a disability the accommodations that he or she needs to demonstrate his or her actual knowledge, skills, and abilities." The suit was filed on November 3, 2009, due to the NCBE's refusal, on multiple occasions during the past year, to allow Ms. Enyart to use the same technology on the MBE and MPRE that she has used on university and law school exams and in various jobs and internships. The suit charged that the NCBE violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by denying accommodations on the MBE and the MPRE. NCBE had argued that it fulfilled its legal obligations to Ms. Enyart by offering alternative accommodations, such as a human reader, notwithstanding evidence that these alternatives did not, in fact, accommodate Ms. Enyart's disability. In rejecting NCBE's argument, the court's ruling paves the way for other individuals prevented from pursuing their professional dreams by high stakes testing providers who take a rigid approach to disability accommodations. The plaintiff is represented with the support of the National Federation of the Blind by LaBarre Law Offices, P.C., in Denver, Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, Maryland. The plaintiff is further represented by Disability Rights Advocates, a nonprofit law center that specializes in civil rights cases on behalf of persons with disabilities, based in Berkeley, California. ### About the National Federation of the Blind With more than 50,000 members, the National Federation of the Blind (NFB) is the largest and most influential membership organization of blind people in the United States. The NFB improves blind people's lives through advocacy, education, research, technology, and programs encouraging independence and self-confidence. It is the leading force in the blindness field today and the voice of the nation's blind. In January 2004 the NFB opened the National Federation of the Blind Jernigan Institute, the first research and training center in the United States for the blind led by the blind. __________ Information from ESET Smart Security, version of virus signature database 4852 (20100209) __________ The message was checked by ESET Smart Security. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4859 (20100211) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2682 - Release Date: 02/11/10 16:09:00 From joltingjacksandefur at gmail.com Fri Feb 12 13:02:13 2010 From: joltingjacksandefur at gmail.com (RJ Sandefur) Date: Fri, 12 Feb 2010 08:02:13 -0500 Subject: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . References: <18a60.778f4fd7.38a5fb74@aol.com> <0616A7B5BDEF4C359DFE1716E8E23EE3@14bd0130080a469> Message-ID: <70BC9C21058C4219AA6166319E748F53@hometwxakonvzn> That's what I'm wornding as well? RJ ----- Original Message ----- From: "Cathryn Bonnette" To: "'NFBnet Blind Law Mailing List'" Sent: Friday, February 12, 2010 7:24 AM Subject: Re: [blindlaw] Federal Judge Orders the National Conference ofBarExaminers . > If my understanding is correct, the appellate court will only look for > errors, procedural etc., not revisit the facts. (?) > Is there a chance other law students face this and could become a class > action? > > Cathryn > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On > Behalf Of AZNOR99 at aol.com > Sent: Thursday, February 11, 2010 7:32 PM > To: blindlaw at nfbnet.org > Subject: Re: [blindlaw] Federal Judge Orders the National Conference > ofBarExaminers . > > I believe clerkships such as hers have a time limit, so it's pretty likely > she won't have a job for long. She's already had to wait over a year for > the NCBE, meaning her life has been in limbo, her earned income potential > is > > lower than had she taken and passed a Bar Exam, and her future is > uncertain. And really, if they're so worried about their security, then > why are > States providing their essay exams in electronic format? That's saying > nothing of Government Agency employment exams, the Foreign Service Exam, > and > tests such as AP and CLEP. Why can't they incrypt the data like > government > > agencies and corporations do? > > Keep fighting, Stephanie! Common sense will succeed in the end. > > Ronza > > > > In a message dated 2/11/2010 7:20:17 P.M. Eastern Standard Time, > cdanielsen8 at aol.com writes: > > These guys are so gonna lose. How can they argue that waiting for > appellate > review will not harm Stephanie? It puts her career on hold. Sure, she has > a > job, but her opportunities would be greater financially and otherwise if > she > were licensed. I cannot see how they win on the merits. > > Chris > > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On > Behalf Of AZNOR99 at aol.com > Sent: Thursday, February 11, 2010 10:47 AM > To: blindlaw at nfbnet.org > Subject: Re: [blindlaw] Federal Judge Orders the National Conference of > BarExaminers ... > > It's not over yet. See article below from ABA Journal. > _http://ow.ly/16y2Fp_ (http://ow.ly/16y2Fp) > > > Blind Student's Bar Exam Battle Isn't Over: Test Firm Seeks Emergency 9th > Cir. Software Ban > > > A federal judge's ruling last month that Stephanie Enyart must be allowed > to use screen-reader software when taking the Multistate Bar Examination > might not be the final answer for the blind law graduate. > In a filing yesterday, the National Conference of Bar Examiners seeks an > emergency ruling from the San Francisco-based 9th U.S. Circuit Court of > Appeals suspending a district court order that Enyart must be allowed to > use > the software during the California bar exam later this month, the _San > Francisco Chronicle_ > (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/10/BA911BV6LN.DTL) > reports. > The NCBE, which administers the test throughout the country, contends > that > > having to wait a few more months for appellate review of the federal > district court's decision in Enyart's favor would not pose a hardship to > her, the > newspaper says. > Attorney Anna Levine of Disability Rights Advocates represents Enyart. > She > > calls the appellate filing "flabbergasting ... irrational and > mean-spirited." > The NCBE objects to the software, which magnifies the test text and reads > the material into earbuds worn by the user because of security concerns. > Enyart says that a human reader, which the NCBE would permit, is less > efficient at the job and a potential distraction during the exam. > Earlier coverage: > > > In a message dated 2/11/2010 9:03:38 A.M. Eastern Standard Time, > JFreeh at nfb.org writes: > > > > FOR IMMEDIATE RELEASE > > > > CONTACT: > > Chris Danielsen, National Federation of the Blind, (410) 659-9314, ext. > 2330 > > Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 > > Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030 > > Anna Levine, Disability Rights Advocates, (510) 665-8644 > > > > Federal Judge Orders the National Conference of Bar Examiners > to Provide Individualized Testing Accommodations > > to Blind Law School Graduate > > > > San Francisco, California (February 5, 2010): A federal court has > ruled that the National Conference of Bar Examiners (NCBE) will cause > a blind law school graduate irreparable harm unless it provides her > the technology-based testing accommodations she needs to take two > exams required to become a member of the State Bar of > California. The court issued its ruling in an order granting the law > school graduate's motion for preliminary injunction on Thursday, > February 4, 2010. The court's ruling allows the plaintiff, Stephanie > Enyart, to take the February 2010 Multistate Bar Examination (MBE) > and March 2010 Multistate Professional Responsibility Examination > (MPRE) on a laptop computer equipped with the assistive technology > software Ms. Enyart relies upon for screen reading (JAWS) and screen > magnification (ZoomText). > > > > Dr. Marc Maurer, President of the National Federation of the Blind, > said: "The National Federation of the Blind is extremely pleased with > the ruling in this case. Law and equity simply do not permit the > NCBE to dictate a one-size-fits-all solution for all bar candidates > with disabilities. We hope that this ruling will cause the NCBE to > think long and hard before it denies the requested accommodations of > applicants to take its examinations." > > > > The plaintiff, Stephanie Enyart, said: "A little over a year ago I > sent my first request for accommodations on the March 2009 MPRE, and > tonight I can go to sleep knowing when and how I can effectively take > the exams to fulfill my dreams." > > > > Anna Levine of Disability Rights Advocates, an attorney representing > the plaintiff, said: "I hope that our hard-fought victory here will > send a message to testing organizations that they need to comply with > the ADA and provide each individual test taker with a disability the > accommodations that he or she needs to demonstrate his or her actual > knowledge, skills, and abilities." > > > > The suit was filed on November 3, 2009, due to the NCBE's refusal, on > multiple occasions during the past year, to allow Ms. Enyart to use > the same technology on the MBE and MPRE that she has used on > university and law school exams and in various jobs and > internships. The suit charged that the NCBE violated the Americans > with Disabilities Act (ADA) and California's Unruh Civil Rights Act > by denying accommodations on the MBE and the MPRE. > > > > NCBE had argued that it fulfilled its legal obligations to Ms. Enyart > by offering alternative accommodations, such as a human reader, > notwithstanding evidence that these alternatives did not, in fact, > accommodate Ms. Enyart's disability. In rejecting NCBE's argument, > the court's ruling paves the way for other individuals prevented from > pursuing their professional dreams by high stakes testing providers > who take a rigid approach to disability accommodations. > > > > The plaintiff is represented with the support of the National > Federation of the Blind by LaBarre Law Offices, P.C., in Denver, > Colorado, and by Brown, Goldstein & Levy, LLP, in Baltimore, > Maryland. The plaintiff is further represented by Disability Rights > Advocates, a nonprofit law center that specializes in civil rights > cases on behalf of persons with disabilities, based in Berkeley, > California. > > > > > > ### > > > > About the National Federation of the Blind > > > > With more than 50,000 members, the National Federation of the Blind > (NFB) is the largest and most influential membership organization of > blind people in the United States. The NFB improves blind people's > lives through advocacy, education, research, technology, and programs > encouraging independence and self-confidence. It is the leading > force in the blindness field today and the voice of the nation's > blind. In January 2004 the NFB opened the National Federation of the > Blind Jernigan Institute, the first research and training center in > the United States for the blind led by the blind. > > > > __________ Information from ESET Smart Security, version of virus > signature database 4852 (20100209) __________ > > The message was checked by ESET Smart Security. > > http://www.eset.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cdanielsen8%40aol. > com > > > __________ Information from ESET NOD32 Antivirus, version of virus > signature > database 4859 (20100211) __________ > > The message was checked by ESET NOD32 Antivirus. > > http://www.eset.com > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 > 0verizon.net > No virus found in this incoming message. > Checked by AVG - www.avg.com > Version: 8.5.435 / Virus Database: 271.1.1/2682 - Release Date: 02/11/10 > 16:09:00 > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40gmail.com From mruniverse08 at gmail.com Fri Feb 12 13:32:35 2010 From: mruniverse08 at gmail.com (WB) Date: Fri, 12 Feb 2010 07:32:35 -0600 Subject: [blindlaw] Fifth Circuit Court Ruling Message-ID: <01eb01caabe7$d769f140$863dd3c0$@com> Has anyone heard of the Fifth Circuit Court ruling that now places a statute of limitations on non ADA compliance? I think it is saying that you cannot file suit when you discover non-compliance. It has to be within two years of when the structure was constructed. From Susan.Kelly at pima.gov Fri Feb 12 17:00:48 2010 From: Susan.Kelly at pima.gov (Susan Kelly) Date: Fri, 12 Feb 2010 10:00:48 -0700 Subject: [blindlaw] availability of rehab services in Nevada Message-ID: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> One of the students in my visual rehab / adaptive skills class in Tucson (southern Arizona area, for those not familiar with the city) flies in weekly from Las Vegas to attend. He and his wife were directed to SAAVI after learning from his doctor that no such services existed in the state of Nevada. As attorneys, myself and another classmate were very distressed by that in terms of ADA issues, etc. Does anyone know if this is true, and if so, whether any class action suit / negotiations are in progress? We would like to be able to provide our classmate, an older, retired gentleman, with some "local" assistance, whatever it might be. Feel free to email me off-list if this is not of general interest to the group. Thanks. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 5675 bytes Desc: image001.jpg URL: From cathrynisfinally at verizon.net Fri Feb 12 20:22:51 2010 From: cathrynisfinally at verizon.net (Cathryn Bonnette) Date: Fri, 12 Feb 2010 15:22:51 -0500 Subject: [blindlaw] Fifth Circuit Court Ruling In-Reply-To: <01eb01caabe7$d769f140$863dd3c0$@com> References: <01eb01caabe7$d769f140$863dd3c0$@com> Message-ID: <2B227E7CDA43426299AE4B7F44B174CF@14bd0130080a469> Does that mean the exam guidelines that existed web the /ada passed? Do you have a citation? Cathryn -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of WB Sent: Friday, February 12, 2010 8:33 AM To: 'NFBnet Blind Law Mailing List' Subject: [blindlaw] Fifth Circuit Court Ruling Has anyone heard of the Fifth Circuit Court ruling that now places a statute of limitations on non ADA compliance? I think it is saying that you cannot file suit when you discover non-compliance. It has to be within two years of when the structure was constructed. _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2683 - Release Date: 02/12/10 07:35:00 From mruniverse08 at gmail.com Fri Feb 12 20:37:27 2010 From: mruniverse08 at gmail.com (WB) Date: Fri, 12 Feb 2010 14:37:27 -0600 Subject: [blindlaw] Fifth Circuit Court Ruling In-Reply-To: <2B227E7CDA43426299AE4B7F44B174CF@14bd0130080a469> References: <01eb01caabe7$d769f140$863dd3c0$@com> <2B227E7CDA43426299AE4B7F44B174CF@14bd0130080a469> Message-ID: <02e001caac23$31aaa420$94ffec60$@com> I'm looking for a copy of the ruling. -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Cathryn Bonnette Sent: Friday, February 12, 2010 2:23 PM To: 'NFBnet Blind Law Mailing List' Subject: Re: [blindlaw] Fifth Circuit Court Ruling Does that mean the exam guidelines that existed web the /ada passed? Do you have a citation? Cathryn -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of WB Sent: Friday, February 12, 2010 8:33 AM To: 'NFBnet Blind Law Mailing List' Subject: [blindlaw] Fifth Circuit Court Ruling Has anyone heard of the Fifth Circuit Court ruling that now places a statute of limitations on non ADA compliance? I think it is saying that you cannot file suit when you discover non-compliance. It has to be within two years of when the structure was constructed. _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/cathrynisfinally%4 0verizon.net No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2683 - Release Date: 02/12/10 07:35:00 _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mruniverse08%40gma il.com From drdrum1 at hotmail.com Fri Feb 12 21:15:26 2010 From: drdrum1 at hotmail.com (Ian Shadrick) Date: Fri, 12 Feb 2010 16:15:26 -0500 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> Message-ID: There are in fact state IL services available, I have a colleague there who is on a national board with me, who is a VRT. Ian Shadrick Ian Shadrick M.A., CVRT, CRC Michigan Cimmission f/t Blind MCB Training Center Sent from my iPhone On Feb 12, 2010, at 12:00, "Susan Kelly" wrote: > > > One of the students in my visual rehab / adaptive skills class in > Tucson > (southern Arizona area, for those not familiar with the city) flies in > weekly from Las Vegas to attend. He and his wife were directed to > SAAVI > after learning from his doctor that no such services existed in the > state of Nevada. As attorneys, myself and another classmate were very > distressed by that in terms of ADA issues, etc. Does anyone know if > this is true, and if so, whether any class action suit / negotiations > are in progress? We would like to be able to provide our classmate, > an > older, retired gentleman, with some "local" assistance, whatever it > might be. > > Feel free to email me off-list if this is not of general interest to > the > group. Thanks. > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotmail.com From Susan.Kelly at pima.gov Fri Feb 12 22:42:08 2010 From: Susan.Kelly at pima.gov (Susan Kelly) Date: Fri, 12 Feb 2010 15:42:08 -0700 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> Message-ID: <1C09B58171332F49B237676A5158B1F7033D6B20@EVS02.central.pima.gov> I will let the couple know - it sounds as though the ophthalmologists are not well-informed on the subject, or perhaps assume that the wife can handle everything for her husband. Do you know of a contact site or number that I may pass along? -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Ian Shadrick Sent: Friday, 12 February, 2010 2:15 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] availability of rehab services in Nevada There are in fact state IL services available, I have a colleague there who is on a national board with me, who is a VRT. Ian Shadrick Ian Shadrick M.A., CVRT, CRC Michigan Cimmission f/t Blind MCB Training Center Sent from my iPhone On Feb 12, 2010, at 12:00, "Susan Kelly" wrote: > > > One of the students in my visual rehab / adaptive skills class in > Tucson > (southern Arizona area, for those not familiar with the city) flies in > weekly from Las Vegas to attend. He and his wife were directed to > SAAVI > after learning from his doctor that no such services existed in the > state of Nevada. As attorneys, myself and another classmate were very > distressed by that in terms of ADA issues, etc. Does anyone know if > this is true, and if so, whether any class action suit / negotiations > are in progress? We would like to be able to provide our classmate, > an > older, retired gentleman, with some "local" assistance, whatever it > might be. > > Feel free to email me off-list if this is not of general interest to > the > group. Thanks. > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotm ail.com _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/susan.kelly%40 pima.gov From drdrum1 at hotmail.com Fri Feb 12 23:27:34 2010 From: drdrum1 at hotmail.com (Ian Shadrick) Date: Fri, 12 Feb 2010 18:27:34 -0500 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: <1C09B58171332F49B237676A5158B1F7033D6B20@EVS02.central.pima.gov> References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> <1C09B58171332F49B237676A5158B1F7033D6B20@EVS02.central.pima.gov> Message-ID: Susan, I will did it up, I don't have it on me at te moment. Ian Sent from my iPhone On Feb 12, 2010, at 17:42, "Susan Kelly" wrote: > I will let the couple know - it sounds as though the ophthalmologists > are not well-informed on the subject, or perhaps assume that the wife > can handle everything for her husband. Do you know of a contact > site or > number that I may pass along? > > -----Original Message----- > From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] > On Behalf Of Ian Shadrick > Sent: Friday, 12 February, 2010 2:15 PM > To: NFBnet Blind Law Mailing List > Subject: Re: [blindlaw] availability of rehab services in Nevada > > There are in fact state IL services available, I have a colleague > there who is on a national board with me, who is a VRT. > > Ian Shadrick > > Ian Shadrick M.A., CVRT, CRC > Michigan Cimmission f/t Blind > MCB Training Center > > Sent from my iPhone > > On Feb 12, 2010, at 12:00, "Susan Kelly" wrote: > >> >> >> One of the students in my visual rehab / adaptive skills class in >> Tucson >> (southern Arizona area, for those not familiar with the city) flies >> in >> weekly from Las Vegas to attend. He and his wife were directed to >> SAAVI >> after learning from his doctor that no such services existed in the >> state of Nevada. As attorneys, myself and another classmate were >> very >> distressed by that in terms of ADA issues, etc. Does anyone know if >> this is true, and if so, whether any class action suit / negotiations >> are in progress? We would like to be able to provide our classmate, >> an >> older, retired gentleman, with some "local" assistance, whatever it >> might be. >> >> Feel free to email me off-list if this is not of general interest to >> the >> group. Thanks. >> >> _______________________________________________ >> 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: >> > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotm > ail.com > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/susan.kelly%40 > pima.gov > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/drdrum1%40hotmail.com > From qmsingleton at comcast.net Sat Feb 13 05:40:24 2010 From: qmsingleton at comcast.net (Quintina M. Singleton) Date: Fri, 12 Feb 2010 23:40:24 -0600 Subject: [blindlaw] Thruoureyes Announcement Message-ID: Thru Our Eyes announces a double show for this coming Wednesday, February 17, 2010 Joe Ruffalo will interview Jesse Hartle, government programs specialist on Wednesday, February 17 at 8:00 pm. Est. The following topics to be discussed are as follows: history of the Washington Seminar an overview of the issues in the past that the NFB made a difference an overview of this year's issues feature, "How all need to Get Involved" the importance of thank you emails to the representatives the importance to meet the Congressional representatives while they are in their home districts Stay tuned in to hear at 9:00 PM Jerry Moreno and Janie Degenshein interview David denotaris, director bureau of blindness and visual services for the State of Pennsylvania and motivational speaker Book corner: LA Times by Stuart Woods 330 pages on 7 sides Movie producer, Michael Vincent has a terrific future but a notorious mob laden past. Will his past come back to haunt him? This perilous slope ride includes the mob and Hollywood! Shoot Him If He Runs by Stuart Woods 290 pages on 6 sides Attorney, Stone Barrington returns to an island to track down a former CIA agent turned assassin. Holly Barker joins him to defeat this foe! Pandora's Daughter by Iris Johansen 375 pages on 7 sides At the age of 15, Megan Blair's mother dies. For 12 years, she is unburdened with the voices she heard when her mother was alive. Now, she is asked to call upon her gift to locate her pursuer who is determined to eliminate her as well! Quicksand by Iris Johansen 340 pages on 7 sides Eve Duncan and her lover Joe Quinn seek the aid of Megan Blair (from Pandora's Daughter)in stopping a serial killer who targets children. Hold on with the constant turmoil uncovered. Survival of the Fittest by Johnathon Kellerman As its title suggests, the game is to survive. A truly unbelievable journey. To listen to these programs via telephone, please call 1-605-475-6333, access code: 833520. To access the show online visit www.thruoureyes.org/jaws.html The call in number for anyone interested in asking a question is 1-888-572-0141. From ckrugman at sbcglobal.net Sun Feb 14 07:46:15 2010 From: ckrugman at sbcglobal.net (ckrugman at sbcglobal.net) Date: Sat, 13 Feb 2010 23:46:15 -0800 Subject: [blindlaw] availability of rehab services in Nevada In-Reply-To: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> References: <1C09B58171332F49B237676A5158B1F7033D6B1C@EVS02.central.pima.gov> Message-ID: <17A8B83939E242ADBDEA746C247DF25F@spike> What is "SAAVI"? Chuck ----- Original Message ----- From: "Susan Kelly" To: Sent: Friday, February 12, 2010 9:00 AM Subject: [blindlaw] availability of rehab services in Nevada > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net > From dandrews at visi.com Sun Feb 14 22:22:57 2010 From: dandrews at visi.com (David Andrews) Date: Sun, 14 Feb 2010 16:22:57 -0600 Subject: [blindlaw] An Overview of Important Points About the Google Proposed Settlement Message-ID: > >An Overview of Important Points About the Google Proposed Settlement >The Authors Guild, Inc., et. al. v. Google, Inc. Proposed Settlement >Agreement > > > > > > > >Overview > > > >Google, in partnership with leading libraries has been creating a massive >electronic books database of millions of titles. The settlement of the suit >against Google, if approved, will resolve lawsuits brought on behalf of a >broad class of authors and publishers against Google for copyright >infringement allegations in connection with the Google Book Project. The >agreement will significantly expand online access to works through Google >Book Search from the collections of major U.S. libraries and will also >enhance the ability of authors and publishers to distribute their content in >digital form. All of the services that will result from this settlement for >the public will be accessible to all blind and print-disabled persons, >although Google will have up to five years after the settlement is finally >approved to deliver access. What this settlement will do is expand by >millions of volumes the number of books that blind and other print-disabled >readers will have available to them to purchase, check out from certain >participating libraries or read at public libraries. > > > > > > > >After final approval, the settlement will authorize Google to do the >following: > > > >* Continue to scan in-copyright books > >* Develop an electronic books database > >* Provide responses to searches in the database (already accessible) > >* For books in the database that are no longer commercially available >for sale and for commercially available books whose authors choose to >participate, > > > > * Sell individual books to consumers in digital form; and > > * Sell institutional subscriptions to the books database to >schools, corporations and other institutions > > > >* With respect to libraries, the settlement will authorize Google to >provide public and higher education libraries with free access to the books >database and special terminals will be provided free to every public library >in the country. > > > > > > > >How will the Agreement Affect the Blind and Others with Print Disabilities? > > > > > > > >. The Agreement expressly authorizes Google to provide the material >it offers users "in a manner that accommodates users with Print Disabilities >so that such users have a substantially similar user experience as users >without Print Disabilities." A user with a Print Disability under the >agreement is one who is "unable to read or use standard printed material due >to blindness, visual disability, physical limitations, organic function, or >dyslexia." The material covered includes material provided by Google >through institutional subscriptions, public access services, and consumer >purchases, as well as the material Google displays as snippets, book >previews, and the pages in front of and behind the books (such as the table >of contents and index). > > > > > > > >. Google expresses its intention within the agreement to make digital >copies of the books accessible to users with Print Disabilities so that such >users have a substantially similar user experience as users without Print >Disabilities. To the extent Google is unable to do so, Google will >reasonably cooperate to enable such access to books through an Alternative >Accommodated Service Provider. > > > > > > > >. The Agreement also places upon Google the obligation to offer the >books in an accessible format at no greater cost to users with Print >Disabilities. Specifically, Google must use commercially reasonable >efforts to enable an "accommodated service" to users of Google's >institutional subscriptions, public access services, consumer purchases and >other revenue models. An "accommodated service" means a service that offers >the text of books and inserts in the form of electronic text used in >conjunction with screen enlargement, voice output, and refreshable Braille >displays (or at Google's option and with the Registry's approval, other >technologies to reasonably accommodate Print Disabilities) at no greater >charge than the charge to view Books in a similar manner to users without a >Print Disability. > > > > > > > >. For Institutional Subscription users with Print Disabilities, >Google must offer an Accommodated Service for all books in the Institutional >Subscription Database for which Google's automated OCR system is successful. > > > > > > > > >. Further, Google must not unreasonably withhold its consent to a >request from a Fully Participating library to work with particular >third-party contractors to provide access to the full text of the Books and >Inserts as described under "Accommodated Service" and to improve the quality >of such Books (e.g. OCR quality and structure extraction) for the purpose of >providing such access. > > > > > > > >. If within 5 years from the Effective Date of the Agreement Google >has not complied, or ceases to comply, with its obligation to offer an >accommodated service, upon notice by the Fully Participating Libraries, >Google must use commercially reasonable efforts to identify and work with an >alternative provider to readily provide copies of Books and Inserts >requested by the alternative provider solely for the purpose of making those >books accessible to users with Print Disabilities. > > > > > > > >How will Users with Print Disabilities' who use the Services of Google's >Partner Libraries be Affected? > > > > > > > >* Libraries that have Digitization Agreements with Google are authorized >to permit users with Print Disabilities to borrow digital copies of the >library's collection. The digital copy must be accessible when used in >conjunction with screen enlargement, voice output, or refreshable Braille >displays. Certified users must agree to refrain from using, reproducing or >distributing the book in an unlawful manner and the library must maintain >data about its provision of "special access" to certified users. From Susan.Kelly at pima.gov Tue Feb 16 01:35:57 2010 From: Susan.Kelly at pima.gov (Susan Kelly) Date: Mon, 15 Feb 2010 18:35:57 -0700 Subject: [blindlaw] availability of rehab services in Nevada Message-ID: <1C09B58171332F49B237676A5158B1F7033D6B21@EVS02.central.pima.gov> Southern Arizona association for the visually impaired. They provide rehabilitation, training (like braille, computers and the like) and recreational opportunities here in southern Arizona for people of all ages with low vision and blindness. -----Original Message----- From: blindlaw-bounces at nfbnet.org To: NFBnet Blind Law Mailing List Sent: Sun Feb 14 00:46:15 2010 Subject: Re: [blindlaw] availability of rehab services in Nevada What is "SAAVI"? Chuck ----- Original Message ----- From: "Susan Kelly" To: Sent: Friday, February 12, 2010 9:00 AM Subject: [blindlaw] availability of rehab services in Nevada > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net > _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/susan.kelly%40pima.gov From Noel.Nightingale at ed.gov Tue Feb 16 23:01:59 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 16 Feb 2010 17:01:59 -0600 Subject: [blindlaw] FW: [mamas_jobs] City of Seattle Employment Investigator - Ref#30681799 Message-ID: FYI! -----Original Message----- From: sender at lists.bigtent.com [mailto:sender at lists.bigtent.com] On Behalf Of Rachel Black Sent: Tuesday, February 16, 2010 10:50 AM To: MAMAS Mother Attorneys Mentoring Assoc. of Seattle Job Postings Subject: [mamas_jobs] City of Seattle Employment Investigator - Ref#30681799 Rachel Black posted: City of Seattle Employment Investigator Salary Range up to $73,932 (DOE) + exc. benefits SEATTLE CITY ATTORNEY'S OFFICE is seeking an attorney to investigate employment discrimination and harassment complaints brought by employees of the City of Seattle. The attorney will conduct independent investigations; establish best practices for City departments regarding investigations, and train human resources staff and supervisors within City government on investigative best practices. Send cover letter, resume, writing sample and application form (www.seattle.gov/law/forms) by 3/10/2010 to: * J. Ramsey * 600 4th Ave., 4th Fl. * PO Box 94769 * Seattle, WA 98124-4769 * E-mail: Joyce.Ramsey at Seattle.gov. Rachel S. Black | Susman Godfrey L.L.P. 1201 Third Avenue | Suite 3800 | Seattle, WA 98101 Phone: 206-516-3899 | Fax: 206-516-3883 rblack at susmangodfrey.com | www.susmangodfrey.com This message may be protected by the attorney client privilege or the work product doctrine. Add your comments online: http://www.bigtent.com/group/forum/message/30681799?md=MTE3OTgzMDM= Advertisement ================================================================= Help raise up to $10,000 for a great charity. Goody will donate $1 for each user that sends their Girls on the Run virtual gift on Facebook. http://www.bigtent.com/l/GTxtAd?md=MTE3OTgzMDM= ================================================================= ________________________________________ You received this email because you (noel.nightingale at ed.gov) are a member of the BigTent group MAMAS Mother Attorneys Mentoring Assoc. of Seattle. Visit this group on the Web: http://www.bigtent.com/group/mamas?md=MTE3OTgzMDM= Unsubscribe or leave this group: https://www.bigtent.com/unsubscribe/11798303?key=JT8tmYH5vGb%2FE2j7zbT85%2BMzR28%2BRD1Vswnu67fo3UQ%3D&md=MTE3OTgzMDM= Terms of Use: https://www.bigtent.com/terms?md=MTE3OTgzMDM= Privacy Policy: https://www.bigtent.com/privacy?md=MTE3OTgzMDM= Need help? https://www.bigtent.com/help?md=MTE3OTgzMDM= From lists at zufelt.ca Wed Feb 17 16:31:59 2010 From: lists at zufelt.ca (E.J. Zufelt) Date: Wed, 17 Feb 2010 11:31:59 -0500 Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices Message-ID: <4B4E09D7-ED99-4242-B839-127A5E1A6E95@zufelt.ca> Good morning, I am doing research into interactive devices, particularly point-of- sales / Interac / Debit (POS) devices. I am looking for resources, from any jurisdiction, of the following varieties to inform my report: 1. Examples of accessible POS or similar devices. 2 Any standards and guidelines for the accessibility of POS or similar devices. 3. Laws that mandate the full, or partial, accessibility of POS or similar devices. 4. Examples of successful use of laws to enforce the accessibility of POS devices. I will publicly post the list of resources that I collect for reuse. Thank you in advance, Everett From timandvickie at hotmail.com Wed Feb 17 19:59:44 2010 From: timandvickie at hotmail.com (Tim Shaw) Date: Wed, 17 Feb 2010 19:59:44 +0000 Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices In-Reply-To: <4B4E09D7-ED99-4242-B839-127A5E1A6E95@zufelt.ca> References: <4B4E09D7-ED99-4242-B839-127A5E1A6E95@zufelt.ca> Message-ID: Here is the only resource I know of for this: http://www.captek.net/Captek/Talking_Cash_Registers.html > From: lists at zufelt.ca > Date: Wed, 17 Feb 2010 11:31:59 -0500 > To: blindlaw at nfbnet.org > Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices > > Good morning, > > I am doing research into interactive devices, particularly point-of- > sales / Interac / Debit (POS) devices. I am looking for resources, > from any jurisdiction, of the following varieties to inform my report: > > 1. Examples of accessible POS or similar devices. > > 2 Any standards and guidelines for the accessibility of POS or similar > devices. > > 3. Laws that mandate the full, or partial, accessibility of POS or > similar devices. > > 4. Examples of successful use of laws to enforce the accessibility of > POS devices. > > I will publicly post the list of resources that I collect for reuse. > > Thank you in advance, > Everett > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/timandvickie%40hotmail.com _________________________________________________________________ Hotmail: Trusted email with Microsoft’s powerful SPAM protection. http://clk.atdmt.com/GBL/go/201469226/direct/01/ From AZNOR99 at aol.com Thu Feb 18 03:20:07 2010 From: AZNOR99 at aol.com (AZNOR99 at aol.com) Date: Wed, 17 Feb 2010 22:20:07 EST Subject: [blindlaw] Accessibility of interactive / point-of-sales (POS) devices Message-ID: <1e7f8.1c4321b7.38ae0be7@aol.com> Everett, Please feel free to contact my colleague, Lauren McLarney, concerning some new legislation that has just been introduced in the House and will hopefully soon be introduced in the Senate. This legislation will require a study to determine the most appropriate manner in which to make new technology, including Point of Sale Keyoskes accessible. The legislation is a bit more complicated than that, but Lauren is our point person on this issue. She can be reached at 410-659-9314 Ext. 2207. Regards, Ronza In a message dated 2/17/2010 11:32:15 A.M. Eastern Standard Time, lists at zufelt.ca writes: Good morning, I am doing research into interactive devices, particularly point-of- sales / Interac / Debit (POS) devices. I am looking for resources, from any jurisdiction, of the following varieties to inform my report: 1. Examples of accessible POS or similar devices. 2 Any standards and guidelines for the accessibility of POS or similar devices. 3. Laws that mandate the full, or partial, accessibility of POS or similar devices. 4. Examples of successful use of laws to enforce the accessibility of POS devices. I will publicly post the list of resources that I collect for reuse. Thank you in advance, Everett _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/aznor99%40aol.com From my5thattempt at yahoo.com Thu Feb 18 21:55:51 2010 From: my5thattempt at yahoo.com (M BG) Date: Thu, 18 Feb 2010 13:55:51 -0800 (PST) Subject: [blindlaw] I need of a San Deigo ADA attorney Message-ID: <162233.29282.qm@web36704.mail.mud.yahoo.com> Good afternoon all, I am a visually impaired parent in the San Diego area and I am having issue with my daughters High School providing me forms, grades, correspondence, etc. in ADA compliant formats within one of her specific courses. There has been an ongoing issue for several months and it is now to the point that further intervention outside of the High School and District is warranted. Within this group are there any attorneys in the San Diego area that I can consult with and determine if there is an ADA case? Respectfully requested, Misty M. Brandon From ckrugman at sbcglobal.net Fri Feb 19 20:38:13 2010 From: ckrugman at sbcglobal.net (ckrugman at sbcglobal.net) Date: Fri, 19 Feb 2010 12:38:13 -0800 Subject: [blindlaw] I need of a San Deigo ADA attorney In-Reply-To: <162233.29282.qm@web36704.mail.mud.yahoo.com> References: <162233.29282.qm@web36704.mail.mud.yahoo.com> Message-ID: You may want to check the web site of the Council of Attorney Parent Advocates at www.capa.net as they list many attorneys and advocates in southern California and elsewhere in the country. The searchable data base is organized by state as this is a national organization. Chuck Krugman, M.S.W., Paralegal 1237 P Street Fresno ca 93721 559-266-9237 ----- Original Message ----- From: "M BG" To: "Blind Law Mailing List" Sent: Thursday, February 18, 2010 1:55 PM Subject: [blindlaw] I need of a San Deigo ADA attorney > Good afternoon all, > > I am a visually impaired parent in the San Diego area and I am having > issue with my daughters High School providing me forms, grades, > correspondence, etc. in ADA compliant formats within one of her specific > courses. There has been an ongoing issue for several months and it is now > to the point that further intervention outside of the High School and > District is warranted. Within this group are there any attorneys in the > San Diego area that I can consult with and determine if there is an ADA > case? > > Respectfully requested, > Misty M. Brandon > > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net From my5thattempt at yahoo.com Fri Feb 19 22:47:06 2010 From: my5thattempt at yahoo.com (M BG) Date: Fri, 19 Feb 2010 14:47:06 -0800 (PST) Subject: [blindlaw] I need of a San Deigo ADA attorney In-Reply-To: References: <162233.29282.qm@web36704.mail.mud.yahoo.com> Message-ID: <602836.97427.qm@web36708.mail.mud.yahoo.com> Thank you for the referral. I'm specifically looking for an attorney who is also visually impaired for this case. That is why I posted to Blind Law mailing list. I will check with the Council of Attorney Parent Advocates for this. Thank you ________________________________ From: "ckrugman at sbcglobal.net" To: NFBnet Blind Law Mailing List Sent: Fri, February 19, 2010 12:38:13 PM Subject: Re: [blindlaw] I need of a San Deigo ADA attorney You may want to check the web site of the Council of Attorney Parent Advocates at www.capa.net as they list many attorneys and advocates in southern California and elsewhere in the country. The searchable data base is organized by state as this is a national organization. Chuck Krugman, M.S.W., Paralegal 1237 P Street Fresno ca 93721 559-266-9237 ----- Original Message ----- From: "M BG" To: "Blind Law Mailing List" Sent: Thursday, February 18, 2010 1:55 PM Subject: [blindlaw] I need of a San Deigo ADA attorney > Good afternoon all, > > I am a visually impaired parent in the San Diego area and I am having issue with my daughters High School providing me forms, grades, correspondence, etc. in ADA compliant formats within one of her specific courses. There has been an ongoing issue for several months and it is now to the point that further intervention outside of the High School and District is warranted. Within this group are there any attorneys in the San Diego area that I can consult with and determine if there is an ADA case? > > Respectfully requested, > Misty M. Brandon > > > > > _______________________________________________ > 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: > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ckrugman%40sbcglobal.net _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/my5thattempt%40yahoo.com From JFreeh at nfb.org Sat Feb 20 03:27:31 2010 From: JFreeh at nfb.org (Freeh, Jessica) Date: Fri, 19 Feb 2010 21:27:31 -0600 Subject: [blindlaw] AP: Judge says no quick ruling on Google book plans Message-ID: [] Judge says no quick ruling on Google book plans By LARRY NEUMEISTER (AP) – 21 hours ago NEW YORK ­ Supporters of Google's effort to create the world's largest digital library Internet told a federal judge Thursday that it would benefit society. Marc Maurer, president of the National Federation of the Blind, said the audio capabilities of Google's system "will give us access to 10 million books." One of the opponents ­ which include authors, foreign governments, corporate rivals and even the U.S. Department of Justice ­ countered at a packed court hearing in Manhattan that Google's plans were more about commerce, not access to books. "It's not going to be a great library, it's going to be a good store," said Sarah Canzoneri, a member of the Children's Book Guild and plaintiff in a lawsuit by authors and publishers. U.S. District Judge Denny Chin already has read more than 500 submissions about a $125 million settlement aimed at ending a pair of 2005 lawsuits that tried to stop Google from scanning books into a gigantic online database. On Thursday, he was hearing statements from interested parties before deciding whether changes made to a deal first announced in October 2008 are sufficient to withstand constitutional scrutiny. "To end the suspense, I'm not going to rule today," he said at the start. "There is just too much to digest." He added, "Voluminous materials have been submitted. There is a lot of repetition. Some of the submissions even quote other submissions." In court papers submitted last week, Google Inc., which is based in Mountain View, Calif., defended its deal with authors by saying its digital library lives up to the purpose of copyright law, which is to create and distribute expressive works. "No one seriously disputes that approval of the settlement will open the virtual doors to the greatest library in history, without costing authors a dime they now receive or are likely to receive if the settlement is not approved," Google said. The Department of Justice said Google and the plaintiffs have made substantial improvements to the original settlement, but it said "substantial issues remain." It said the new deal raised antitrust concerns and suffered from the same core issue as the original agreement because it establishes forward-looking business arrangements that "confer significant and possibly anticompetitive advantages on a single entity ­ Google." Still, the Department of Justice said it believes an approvable settlement may be achievable, perhaps by requiring rights holders to opt in to the settlement. France and Germany, which oppose the settlement, noted they support a European book-scanning project, Europeana, because it is in compliance with their laws and requires permission from copyright holders before books are scanned. Obtaining permission beforehand is what Amazon.com Inc. said it did when it engaged in a similar book-scanning project. Amazon's lawyers oppose the Google settlement and have asked to address the court. Other Google rivals including Microsoft Corp. and Yahoo Inc. also oppose it. Among authors opposing the deal are folk singer Arlo Guthrie and writer Catherine Ryan Hyde, whose novel "Pay it Forward" was adapted and released as a movie. "While I believe that the proposed Google Books Settlement has the potential to provide authors with additional exposure and perhaps additional sources of revenue for their works," Hyde wrote, "I continue to believe that the proposed settlement as amended remains critically flawed and is unfair to authors in a number of crucial respects." Lawyers for the plaintiffs who brought the 2005 lawsuits defended the settlement. Their submission to the judge said there were relatively few complaints, considering the ambitious plan to digitize all the world's books, and that many opponents "advance competitive and other parochial self-interests" that conflict with the broader interests of the publishing industry. Copyright © 2010 The Associated Press. All rights reserved. __________ Information from ESET Smart Security, version of virus signature database 4878 (20100218) __________ The message was checked by ESET Smart Security. http://www.eset.com From thebluesisloose at gmail.com Sat Feb 20 23:53:10 2010 From: thebluesisloose at gmail.com (Beth) Date: Sat, 20 Feb 2010 18:53:10 -0500 Subject: [blindlaw] Hello/introduction Message-ID: <4383d01d1002201553v644ac561y47aa91a3adf1a136@mail.gmail.com> Hello, my name is Beth Taurasi. I am totally blind from birth and studying social work at Florida State University. I have some legal questions though as my college experience has been hampered by some things. First, my parents incapacitated me when I was seventeen. They did it supposedly out of "love", but it has proven to be very hard to live with and a big distraction. Second, the incapacitation and resulting guardianship has allowed the family to get nosy about my rehabilitation case. I am wondering how to go about the Suggestion of Capacity form in Florida, statute 744.464. I've done quite a bit of legal homework, and can't find an attorney at this point. If any of you are interested, I'd like to know if there are any cases like mine and what happened and what was the result. How could I go about getting rid of this thing? Thanks, guys. Beth Taurasi From lists at zufelt.ca Sun Feb 21 22:03:31 2010 From: lists at zufelt.ca (E.J. Zufelt) Date: Sun, 21 Feb 2010 17:03:31 -0500 Subject: [blindlaw] Section 508 citation Message-ID: Good afternoon, Hoping that someone can give me the proper citation to the law commonly referred to as "Section 508". The proper legal citation and a URL to an official copy of the law would be much appreciated. Thank you in advance,Everett Zufelt http://zufelt.ca Follow me on Twitter http://twitter.com/ezufelt View my LinkedIn Profile http://www.linkedin.com/in/ezufelt From clucas at disabilitypride.com Sun Feb 21 23:16:34 2010 From: clucas at disabilitypride.com (clucas at disabilitypride.com) Date: Sun, 21 Feb 2010 23:16:34 +0000 Subject: [blindlaw] Section 508 citation Message-ID: <864777565-1266794183-cardhu_decombobulator_blackberry.rim.net-322048740-@bda907.bisx.prod.on.blackberry> 29 USC 794 Carrie ------Original Message------ From: E.J. Zufelt Sender: blindlaw-bounces at nfbnet.org To: blindlaw at nfbnet.org Mailing List ReplyTo: NFBnet Blind Law Mailing List Subject: [blindlaw] Section 508 citation Sent: Feb 21, 2010 3:03 PM Good afternoon, Hoping that someone can give me the proper citation to the law commonly referred to as "Section 508". The proper legal citation and a URL to an official copy of the law would be much appreciated. Thank you in advance,Everett Zufelt http://zufelt.ca Follow me on Twitter http://twitter.com/ezufelt View my LinkedIn Profile http://www.linkedin.com/in/ezufelt _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/clucas%40disabilitypride.com Sent on the Sprint® Now Network from my BlackBerry® From Noel.Nightingale at ed.gov Mon Feb 22 17:00:58 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 22 Feb 2010 11:00:58 -0600 Subject: [blindlaw] FW: [Jobs] FW: The Civil Rights Division of the U.S. Department of Justice is Recruiting (New Positions Added) Message-ID: ________________________________ From: jobs-bounces at nfbnet.org [mailto:jobs-bounces at nfbnet.org] On Behalf Of Maurer, Patricia Sent: Monday, February 22, 2010 4:55 AM To: jobs at nfbnet.org Subject: [Jobs] FW: The Civil Rights Division of the U.S. Department of Justice is Recruiting (New Positions Added) ________________________________ From: Special Programs Vacancies [mailto:CRT.SpecProgVacancies at usdoj.gov] Sent: Friday, February 19, 2010 7:14 PM Subject: The Civil Rights Division of the U.S. Department of Justice is Recruiting (New Positions Added) The Civil Rights Division (Division) would like to thank each of you for participating in our efforts to increase outreach to lawyers interested in working for the Division. By agreeing to receive our attorney job announcements, you are helping to make sure we have the best lawyers we can find. The application period for several of our lawyer positions will be closing within a week; and several others will close in the next few weeks. If you have a convenient way to remind your constituents of the looming deadline, we would very much appreciate it. The Division hopes to attract a broad and diverse pool of qualified applicants, and, to that end, encourages you to forward this information to any qualified applicants, including qualified applicants with disabilities, who may be interested in working for the Division. For your convenience, all current Division job announcements are listed below. Please also remind members of your organization that all our lawyer job announcements can always be found on the Division's homepage, http://www.justice.gov/crt/recruit.php. In addition, if you know of other organizations that might want to receive our job announcements, please let them know the process is very simple. They just need to send an email to CRT.SpecProgVacancies at usdoj.gov. There are no elaborate forms to fill out - just an email indicating that the organization wishes to receive future job listings and the e-mail address for us to contact them. Please do not hesitate to let us know if you have suggestions on how we can improve our outreach efforts. Thank you. Current Civil Rights Division Job Announcements: Remark Position Section Grade Salary Closing Date Trial Attorney Voting GS-14/15 $105,211 - $155,500 2/22/2010 Trial Attorney Housing and Civil Enforcement GS-14/15 $105,211 - $155,500 2/25/2010 Deputy Chief Voting GS-15 $123,758 - $155,500 2/25/2010 Deputy Chief Criminal GS-15 $123,758 - $155,500 2/26/2010 Trial Attorney Employment Litigation GS-14/15 $105,211 - $155,500 3/2/2010 Economist (DEU) Housing and Civil Enforcement GS-13/15 $89,033 - $155,500 3/2/2010 Economist (MPP) Housing and Civil Enforcement GS-13/15 $89,033 - $155,500 3/2/2010 Civil Rights Analyst (Bilingual) (DEU) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Civil Rights Analyst (DEU) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Civil Rights Analyst (Bilingual) (MPP) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Civil Rights Analyst (MPP) Voting GS-7/11 $42,209 - $81,204 3/3/2010 Trial Attorney Office of Special Counsel GS-14/15 $105,211 - $155,500 3/5/2010 Deputy Chief Employment Litigation GS-15 $123,758 - $155,500 3/10/2010 Chief Coordination and Review ES-01/00 $119,554 - $179,700 3/11/2010 Chief Voting ES-01/00 $119,554 - $179,700 3/11/2010 New Paralegal Specialist (DEU) Housing and Civil Enforcement GS-9/11 $51,630 - $73,917 3/11/2010 New Equal Opportunity Specialist (DEU) Housing and Civil Enforcement GS-12/13 $74,872 - $115,742 3/11/2010 New Paralegal Specialist (MPP) Housing and Civil Enforcement GS-9/11 $51,630 - $73,917 3/11/2010 New Equal Opportunity Specialist (MPP) Housing and Civil Enforcement GS-12/13 $74,872 - $115,742 3/11/2010 Trial Attorney Educational Opportunities GS-14/15 $105,211 - $155,500 3/18/2010 Student Volunteer Professional Development Office volunteer n/a open until filled Student Volunteer Office of the Assistant Attorney General volunteer n/a open until filled Student Volunteer Coordination and Review volunteer n/a rolling basis Student Volunteer Various Sections volunteer n/a rolling basis Student Volunteer Professional Development Office volunteer n/a rolling basis Student Volunteer Educational Opportunities volunteer n/a rolling basis -------------- next part -------------- _______________________________________________ Jobs mailing list Jobs at nfbnet.org http://www.nfbnet.org/mailman/listinfo/jobs_nfbnet.org To unsubscribe, change your list options or get your account info for Jobs: http://www.nfbnet.org/mailman/options/jobs_nfbnet.org/noel.nightingale%40ed.gov From phingus at gmail.com Mon Feb 22 22:39:27 2010 From: phingus at gmail.com (Philip Sklover) Date: Mon, 22 Feb 2010 17:39:27 -0500 Subject: [blindlaw] Jaws and Westlaw Message-ID: <8E726EF1B8B147409292E9BC2DFB7B71@phingus> Has any JAWS and Westlaw user encountered a continuous reading issue in reading recent, but not older Westlaw decisions, using the JAWS continuous reading feature. I have been off Westlaw for about six months, having lost my Westlaw privileges when I retired. When I again secured its use, I brought up the recent Citizens United Supreme Court decision. I have JAWS 10 loaded on my PC. When I began to read the decision, unlike in the past, JAWS now announced every link, which was annoying. What was worse was that the continuous reading (insert and page down did not work properly. Passages would be repeated and the reading stalled. Thinking that I may have some JAWS configuration issue unique to my PC, I emailed the Westlaw decision as an attachment to my long-time adaptive equipment instructor. He also has the same version of JAWS on his PC. He has the same continuous reading blockage issue. I then brought up an older Supreme Court decision, Griggs v Duke Power Company, and I had no problem reading it using continuous reading. In the older decision, Every link was not announced aloud. Has anyone else had a similar difficulty.] Phil Philip B. Sklover From Noel.Nightingale at ed.gov Tue Feb 23 00:13:55 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 22 Feb 2010 18:13:55 -0600 Subject: [blindlaw] FW: Attorney Vacancies at the U.S. Department of Justice Message-ID: ________________________________ From: jobs-bounces at nfbnet.org [mailto:jobs-bounces at nfbnet.org] On Behalf Of Maurer, Patricia Sent: Monday, February 22, 2010 11:43 AM To: jobs at nfbnet.org Subject: [Jobs] FW: Attorney Vacancies at the U.S. Department of Justice ________________________________ From: Hunter, Sue [mailto:Sue.Hunter at usdoj.gov] Sent: Monday, February 22, 2010 1:02 PM To: newmedia at ja.org; Neysas at dnfsb.gov; Maurer, Patricia; nijc at aol.com; nlove at opd.state.md.us; nmcconnell at jackscamp.com; noconnell at tabinc.org; noryrp at cox.net; nromulus at gmail.com; ntb at boglechang.com; nwpatton at law.stanford.edu; ocaaba at cox.net; omanager at lawyerscomm.org; palsd at hotmail.com; patel at fr.com; pchanster at yahoo.com; pchapman at koonz.com; pgrewal at daycasebeer.com; pkim at lordbissell.com; Maurer, Patricia; pmorrison at state.wv.us; poppy.johnston at unlv.edu; president at abaw.org; president at adc.org Subject: FW: Attorney Vacancies at the U.S. Department of Justice To learn more about our attorneys and what they like most about working at DOJ, please visit our attorney profiles at, http://www.usdoj.gov/oarm/arm/profiles.htm, and the video clips of our attorneys and interns available at https://www.avuedigitalservices.com/ads/jobsatdojoarm/index.jsp We encourage you to share this email with interested colleagues and peers. If you no longer wish to receive these periodic email announcements, please respond to this email address and ask to be removed from our mailing list. Thank you. Current Department of Justice Attorney Vacancies * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, CRIMINAL SECTION DEPUTY CHIEF/GS-15 This position is open until February 26, 2010. Date posted: 02-17-2010 * U.S. DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL SENIOR COUNSEL (SL) All applications must be received no later than March 2, 2010. Date posted: 02-17-2010 * U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION, FRAUD SECTION EXPERIENCED ATTORNEYS / GS-905-13/14/15 10-CRM-FRD-009 These vacancies are open until filled. Date posted: 02-17-2010 * ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF MISSOURI Applications will be accepted until close of business March 2, 2010. Date posted: 02-17-2010 * ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA and SPECIAL ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF VIRGINIA NORFOLK OFFICE Position is open until filled. In order to ensure consideration of application, it should be received by the Office of the Attorney General by February 26, 2010. Date posted: 02-12-2010 * ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA and SPECIAL ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA OFFICE Position is open until filled. In order to ensure consideration of application, it should be received by the Office of the Attorney General by February 26, 2010 Date posted: 02-12-2010 * U.S. DEPARTMENT OF JUSTICE U.S. TRUSTEE'S OFFICE -- LOS ANGELES, CA TRIAL ATTORNEY VACANCY ANNOUNCEMENT #LA10-001 Applications must be postmarked by the closing date of February 26, 2010 and will be accepted up to five calendar days after the closing date. Date posted: 02-05-2010 * EXPERIENCED TRIAL ATTORNEYS, GS-0905 -13/14/15 U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION OFFICE OF INTERNATIONAL AFFAIRS WASHINGTON, DC 10-CRM-OIA-008 This vacancy announcement will remain open until February 19, 2010. Date posted: 02-05-2010 * VACANCY ANNOUNCEMENT ASSISTANT UNITED STATES ATTORNEY (CIVIL) UNITED STATES ATTORNEY'S OFFICE DISTRICT OF MARYLAND NORTHERN (BALTIMORE) DIVISION ANNOUNCEMENT NUMBER: 10-MD-04 This announcement will close on March 1, 2010; therefore, resumes, cover letters and transcripts must be e-mailed or received by the closing date. Date posted: 02-03-2010 * U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION OFFICE OF OVERSEAS PROSECUTORIAL DEVELOPMENT, ASSISTANCE AND TRAINING EXPERIENCED ATTORNEY / GS-14 to GS-15 (ALBANIA) Applications will be accepted until the position is filled. Date posted: 02-03-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TRIAL ATTTORNEY, GS-14/15 Application Deadline March 05, 2010. Date posted: 02-02-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, HOUSING AND CIVIL ENFORCEMENT SECTION TRIAL ATTORNEY, GS-14/15 Application Deadline February 25, 2010. Date posted: 02-02-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, COORDINATION AND REVIEW SECTION CHIEF, ES-905 (SENIOR EXCUTIVE SERVICE) Application Deadline March 11, 2010. Date posted: 01-29-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, VOTING SECTION CHIEF, ES-905 (SENIOR EXECUTIVE SERVICE) Application Deadline March 11, 2010. Date posted: 01-29-2010 * UNITED STATES ATTORNEYS OFFICE DISTRICT OF U.S. VIRGIN ISLANDS ASSISTANT UNITED STATES ATTORNEY VIRGIN ISLANDS JANUARY 27, 2010 Applications should be postmarked no later than Friday, February 17, 2010. Date posted: 01-29-2010 * TRIAL ATTORNEYS, GS-12 THROUGH GS-15 (TEMPORARY POSITIONS) CIVIL DIVISION, FEDERAL PROGRAMS BRANCH WASHINGTON, DC These positions are open until filled. Date posted: 01-29-2010 * U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, EMPLOYMENT LITIGATION SECTION DEPUTY CHIEF, GS-15 Application Deadline March 10, 2010. Date posted: 01-29-2010 * U. S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, VOTING SECTION TRIAL ATTORNEY, GS-14/15 Application Deadline February 22, 2010. Date posted: 01-29-2010 * DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, VOTING SECTION DEPUTY CHIEF, GS-15 Application Deadline February 25, 2010. Date posted: 01-29-2010 * IMMIGRATION JUDGE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW ORLANDO, FL VACANCY ANNOUNCEMENT NUMBER: EOIR-10-0078 All applications must be received in the Human Resources Office by the close of business on February 18, 2010. Date posted: 01-29-2010 * UNITED STATES ATTORNEY'S OFFICE DISTRICT OF U.S. VIRGIN ISLANDS ASSISTANT UNITED STATES ATTORNEY VIRGIN ISLANDS JANUARY 27, 2010 Applications should be postmarked no later than Friday, February 19, 2010. Date posted: 01-27-2010 * DEPUTY CHIEF, PUBLIC INTEGRITY SECTION CRIMINAL DIVISION WASHINGTON, DC Applications must be received by the closing date February 23, 2010 to receive consideration. Date posted: 01-27-2010 The purpose of this email is to advise potential interested persons of employment opportunities at the Department of Justice. The Department of Justice cannot control further dissemination and/or posting of this information. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information. -------------- next part -------------- _______________________________________________ Jobs mailing list Jobs at nfbnet.org http://www.nfbnet.org/mailman/listinfo/jobs_nfbnet.org To unsubscribe, change your list options or get your account info for Jobs: http://www.nfbnet.org/mailman/options/jobs_nfbnet.org/noel.nightingale%40ed.gov From Noel.Nightingale at ed.gov Tue Feb 23 00:30:44 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Mon, 22 Feb 2010 18:30:44 -0600 Subject: [blindlaw] Section 508 citation In-Reply-To: <864777565-1266794183-cardhu_decombobulator_blackberry.rim.net-322048740-@bda907.bisx.prod.on.blackberry> Message-ID: Section 508 is at 29 U.S.C. 794d, and at the below link. http://www.law.cornell.edu/uscode/html/uscode29/usc_sec_29_00000794---d000-.html -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of clucas at disabilitypride.com Sent: Sunday, February 21, 2010 3:17 PM To: NFBnet Blind Law Mailing List Subject: Re: [blindlaw] Section 508 citation 29 USC 794 Carrie ------Original Message------ From: E.J. Zufelt Sender: blindlaw-bounces at nfbnet.org To: blindlaw at nfbnet.org Mailing List ReplyTo: NFBnet Blind Law Mailing List Subject: [blindlaw] Section 508 citation Sent: Feb 21, 2010 3:03 PM Good afternoon, Hoping that someone can give me the proper citation to the law commonly referred to as "Section 508". The proper legal citation and a URL to an official copy of the law would be much appreciated. Thank you in advance,Everett Zufelt http://zufelt.ca Follow me on Twitter http://twitter.com/ezufelt View my LinkedIn Profile http://www.linkedin.com/in/ezufelt _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/clucas%40disabilitypride.com Sent on the Sprint(r) Now Network from my BlackBerry(r) _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/noel.nightingale%40ed.gov From LBlake at nfb.org Tue Feb 23 13:17:23 2010 From: LBlake at nfb.org (Blake, Lou Ann) Date: Tue, 23 Feb 2010 08:17:23 -0500 Subject: [blindlaw] 2010 Jacobus tenBroek Disability Law Symposium Message-ID: <7638A85981599142811F69FBB9508B6B0211B3F1@FPNTEXCBE01.services.local> Don't Miss Your Opportunity to Hear Assistant Attorney General for Civil Rights Tom Perez, Former Congressman Tony Coelho, and Other Leading Disabilities Rights Advocates at the 2010 Jacobus tenBroek Disability Law Symposium Equality, Difference, and the Right to Live in the World April 15-16, 2010 at the National Federation of the Blind Jernigan Institute Baltimore, Maryland Assistant Attorney General for Civil Rights Tom Perez and former Congressman Tony Coelho head the list of distinguished law professors, practitioners, and advocates who will discuss the concepts of equality and difference as they relate to the disabled in employment, education, medical treatment, and access to technology. With an expanded format to incorporate workshops, the 2010 symposium will provide more time for discussion, collaboration, and networking. 2010 plenary session presenters: * Adrienne Asch, Director, Center for Ethics, Yeshiva University * Dan Brock, Director, Division of Medical Ethics, Harvard Medical School * Richard Brown, Chief Judge, Wisconsin Court of Appeals * David Ferleger, Esquire, Law Office of David Ferleger * Dan Goldstein, Partner, Brown, Goldstein & Levy, LLP * Andrew Imparato, President and CEO, American Association of People with Disabilities * Leslie Seid Margolis, Managing Attorney, Education Unit, Maryland Disability Law Center * Mark Weber, Vincent dePaul Professor of Law, DePaul University College of Law 2010 workshop facilitators: * Charles Brown, Director, Volunteer Lawyers for the Blind, American Action Fund for Blind Children and Adults * Ira Burnim, Legal Director, Bazelon Center for Mental Health Law * Claudia Center, Senior Staff Attorney, The Legal Aid Society Employment Law Center * Marc Charmatz, Senior Attorney, National Association of the Deaf * Robert Dinerstein, Professor of Law and Director of Clinical Programs, American University Washington College of Law * Eve Hill, Senior Vice President, Burton Blatt Institute * Sharon Krevor-Weisbaum, Partner, Brown, Goldstein & Levy, LLP * Christopher Kuczynski, Esquire, Equal Employment Opportunity Commission * Jennifer Mathis, Deputy Legal Director, Bazelon Center for Mental Health Law * Ruby Moore, Executive Director, Georgia Advocacy Office, Inc. * Ari Ne'eman, President, Autistic Self-Advocacy Network * Steven Schwartz, Executive Director, Center for Public Representation Documentation for CLE credits will be provided. Registration fee: $175 Student registration fee: $25 A limited number of scholarships to cover the registration fee will be available to individuals with demonstrated financial need. To learn more about the symposium and symposium sponsorship opportunities, view the agenda, and register online, please visit http://www.nfb.org/nfb/Law_Symposium.asp . You may also download from this Web site a registration form to mail or fax. Hotel information is also available on the symposium Web site. For additional information, contact: Lou Ann Blake, JD Law Symposium Coordinator Jacobus tenBroek Library Jernigan Institute NATIONAL FEDERATION OF THE BLIND 200 East Wells Street at Jernigan Place Baltimore, Maryland 21230 Telephone: 410-659-9314, ext. 2221 E-mail: lblake at nfb.org From Noel.Nightingale at ed.gov Tue Feb 23 16:29:59 2010 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 23 Feb 2010 10:29:59 -0600 Subject: [blindlaw] I need of a San Deigo ADA attorney In-Reply-To: <162233.29282.qm@web36704.mail.mud.yahoo.com> Message-ID: You can also file a complaint with the U.S. Department of Education's Office for Civil Rights and do not need a lawyer to do so. To file a complaint, go on line to: www.ed.gov/ocr Noel Nightingale -----Original Message----- From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of M BG Sent: Thursday, February 18, 2010 1:56 PM To: Blind Law Mailing List Subject: [blindlaw] I need of a San Deigo ADA attorney Good afternoon all, I am a visually impaired parent in the San Diego area and I am having issue with my daughters High School providing me forms, grades, correspondence, etc. in ADA compliant formats within one of her specific courses. There has been an ongoing issue for several months and it is now to the point that further intervention outside of the High School and District is warranted. Within this group are there any attorneys in the San Diego area that I can consult with and determine if there is an ADA case? Respectfully requested, Misty M. Brandon _______________________________________________ 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: http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/noel.nightingale%40ed.gov