[blindlaw] [blind law] FW: National Federation of the Blind Comments on Iowa Supreme Court Case Regarding Blind People Entering the Chiropractic Medicine Field

Thu Nov 14 21:51:17 UTC 2013

No problem.  The oral argument went very well last week and the Court said
it expects to have a decision within 90 days.  As soon as I hear something,
I will post to the list.

Best,
Scott

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Norman,
Gary C. (CMS/OSORA)
Sent: Thursday, November 14, 2013 10:48 AM
To: Blind Law Mailing List; Disability Rights Bar Association
Cc: Joshua Friedman (jterpslaw at gmail.com); E. Anne Benaroya
(eabenaroya at gmail.com); Greg Dolin (greg.dolin at gmail.com)
Subject: Re: [blindlaw] [blind law] FW: National Federation of the Blind
Comments on Iowa Supreme Court Case Regarding Blind People Entering the
Chiropractic Medicine Field

Greetings:

Josh and I, as well as our other partner Anne Benaroya, Esq. under whom I am
apprenticing in litigation would be interested to be kept abreast of
developments in this case.
Josh and I may be writing a follow-up article on employment issues (with a
focus on healthcare) to a widely received article we published in the Texas
Journal on Civil Liberties and Civil Rights. This case will be a large part
of the discussion.
I am also interested in this case and this issue because I am Senior Advisor
at the Center on Medicine and Law, University of Baltimore School of Law.

Sincerely,
	Gary

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Scott C.
LaBarre
Sent: Tuesday, November 05, 2013 3:14 PM
To: Disability Rights Bar Association; blindlaw at nfbnet.org
Subject: [blindlaw] FW: National Federation of the Blind Comments on Iowa
Supreme Court Case Regarding Blind People Entering the Chiropractic Medicine
Field

This is a case that I am arguing later today.

From: Freeh, Jessica [mailto:JFreeh at nfb.org]
Sent: Monday, November 04, 2013 7:56 AM
Subject: National Federation of the Blind Comments on Iowa Supreme Court
Case Regarding Blind People Entering the Chiropractic Medicine Field

FOR IMMEDIATE RELEASE

CONTACT:

Chris Danielsen

Director of Public Relations

National Federation of the Blind

(410) 659-9314, extension 2330

(410) 262-1281 (Cell)

 <mailto:cdanielsen at nfb.org> cdanielsen at nfb.org

National Federation of the Blind Comments on Iowa Supreme Court Case
Regarding Blind People Entering the Chiropractic Medicine Field

Burlington, Iowa (November 4, 2013): The National Federation of the Blind
<http://www.nfb.org/> , which has led the fight for the equality of blind
Americans for over seventy years, today commented on the landmark case of
Aaron Cannon and Davenport Civil Rights Commission v. Palmer College of
Chiropractic, which will decide whether blind individuals can still pursue a
career in chiropractic medicine.  At issue in the case is Palmer's academic
policy requiring that all students seeking a doctor of chiropractic degree
must possess "a sufficient sense of vision."  As part of a public outreach
effort, the Iowa Supreme Court will hold oral arguments in the Cannon case
on Tuesday, November 5, at the Edward Stone Middle School in Burlington,
Iowa, at 7:00 pm.  

"We believe Palmer's policy of requiring vision blatantly discriminates
against the blind," said Dr. Marc Maurer, president of the National
Federation of the Blind.  "Blind individuals have successfully practiced as
chiropractors for several decades, and many of them have graduated from
Palmer.  If the Iowa Supreme Court allows Palmer's policy to stand, the
effect will be that blind persons will not be able to pursue a chiropractic
education and thus not be able to obtain licenses to practice in this
field."  

In 2005, Aaron Cannon, who is totally blind, started taking classes at
Palmer College of Chiropractic to obtain his doctor of chiropractic degree.
His pursuit of the degree halted due to Palmer's policy requiring vision.
In order to graduate, Cannon filed a complaint with the Davenport Civil
Rights Commission alleging that Palmer discriminated against him on the
basis of disability.  After an administrative trial and a thorough review by
the seven-member commission, the Davenport Civil Rights Commission ruled
that Palmer had discriminated on the basis of disability and ordered Palmer
to reinstate Cannon with all necessary accommodations and to pay him
compensatory damages and attorney fees.  Palmer then appealed the case to
the Iowa District Court for Scott County where the Honorable Judge Gary D.
McKenrick reversed the Commission's decision and ruled that vision is an
essential part of a chiropractic education.  The Davenport Commission and
Cannon then appealed Judge McKenrick's decision to the Iowa Supreme Court
resulting in Tuesday's oral argument.

Palmer claims that chiropractic students must be able to view x-rays, MRIs,
and other radiographs with their own eyes and cannot use a sighted reader to
obtain the information being presented.  Dr. Duane Hudspath, a Palmer
graduate, testified at the Cannon administrative trial that he used sighted
readers during his chiropractic education and was able to acquire the
necessary information to receive a quality education and therefore become a
highly competent chiropractor.  Hudspath has run a successful chiropractic
practice in Stephen's City, Virginia, for nearly twenty years and has
treated several thousand patients without difficulty.

Aaron Cannon is being represented by Scott C. LaBarre of LaBarre Law Offices
P.C. in Denver, Colorado, and Alan O. Olson of Olson Law Offices in Des
Moines, Iowa.  LaBarre, a blind attorney from Denver, will deliver the oral
argument on behalf of Cannon.   

###

About the National Federation of the Blind

The National Federation of the Blind (NFB) is the oldest, largest, and most
influential nationwide membership organization of blind people in the United
States. Founded in 1940, the NFB advocates for the civil rights and equality
of blind Americans, and develops innovative education, technology, and
training programs to provide the blind and those who are losing vision with
the tools they need to become independent and successful.

_______________________________________________
blindlaw mailing list
blindlaw at nfbnet.org
http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindlaw:
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/gary.norman%40cms.hhs.
gov

_______________________________________________
blindlaw mailing list
blindlaw at nfbnet.org
http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindlaw:
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/slabarre%40labarrelaw.
com