[blindlaw] FW: Iowa Supreme Court Opinions -- Favorable opinions in two disability cases -- sighted reader for chiropractic student who is blind -- and multiple sclerosis is a disability

Scott C. LaBarre slabarre at labarrelaw.com
Fri Jun 27 15:47:59 UTC 2014


Daniel and others, the decision is attached and it is an accessible pdf.

Best,
Scott

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel
McBride via blindlaw
Sent: Friday, June 27, 2014 9:41 AM
To: 'Tai Blas'; 'Blind Law Mailing List'
Subject: Re: [blindlaw] FW: Iowa Supreme Court Opinions -- Favorable
opinions in two disability cases -- sighted reader for chiropractic student
who is blind -- and multiple sclerosis is a disability

Tai:

I attempted to access the links you provided.  I received an error message
that the page cannot be found.  I am most interested in reading these cases.
Can you copy and paste the opinions into an attachment?  Thanks.

Daniel McBride
Fort Worth, Texas

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Tai Blas
via blindlaw
Sent: Friday, June 27, 2014 9:38 AM
To: blindlaw at nfbnet.org
Subject: [blindlaw] FW: Iowa Supreme Court Opinions -- Favorable opinions in
two disability cases -- sighted reader for chiropractic student who is blind
-- and multiple sclerosis is a disability

A victory for blind students in medical education and beyond. Our own Scott
LaBarre was involved in this case! Congratulations to Aaron Cannon, the
Davenport Civil Rights Commission, and others fighting this fight!

Tai
 
-----Original Message-----
From: Sandler, Leonard
Sent: Friday, June 27, 2014 9:12 AM
Cc: Blas, Tai A
Subject: FW: Iowa Supreme Court Opinions -- Favorable opinions in two
disability cases -- sighted reader for chiropractic student who is blind --
and multiple sclerosis is a disability


http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Supreme_Court_Opini
ons/Recent_Opinions/20140627/index.asp
The Cannon decision is extremely important for educational institutions and
other entities -- it addresses the deference due academic and other program
standards and is a primer on reasonable accommodation and fundamental
alteration. 

Congrats to everyone involved:

Decided in favor of the Davenport Civil Rights
Commission**************http://www.iowacourts.gov/About_the_Courts/Supreme_C
ourt/Supreme_Court_Opinions/Recent_Opinions/20140627/12-0924.pdf

Scott	Palmer Coll. of Chiropractic v. Davenport Civil Rights Commission
Davenport Civil Rights Commission (DCRC) and Aaron Cannon, who is blind,
brought a complaint against Palmer College of Chiropractic (PCC), alleging
it refused to provide a sighted reader as a necessary accommodation for
Cannon to pass the required courses. They appeal the district court's ruling
on judicial review, which reversed the DCRC's final order. They argue: (1)
the district court misconstrued the Davenport Civil Rights Ordinance, Iowa
Civil Rights Act, Rehabilitation Act, and the Americans with Disabilities
Act; (2) the use of a sighted reader would not fundamentally alter the
nature of Palmer's Chiropractic Program; (3) and the district court failed
to give appropriate deference to the DCRC's findings of fact and application
of the law to those facts pursuant to Iowa Code section 17A.19(11)(c).


13-0010 -- Reversed and remanded
Polk	Goodpaster v. Schwan's Home Serv., Inc. 
The plaintiff appeals from the district court's ruling granting the
defendants summary judgment on plaintiff's action based on his claim the
defendants engaged in disability discrimination against him in violation of
the Iowa Civil Rights Act, Iowa Code chapter 216 (2011), after he was
diagnosed with having multiple sclerosis.
http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Supreme_Court_Opini
ons/Recent_Opinions/20140627/12-0924.pdf


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