[Blindtlk] More Good News In Enyart

David Andrews dandrews at visi.com
Mon Oct 24 23:41:45 UTC 2011


>From: "Scott C. LaBarre" <slabarre at labarrelaw.com>
>To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>Date: Mon, 24 Oct 2011 17:20:01 -0600
>Subject: [blindlaw] More Good News In Enyart
>
>Greetings, as most know, we were victorious in 
>getting the Supreme Court to deny the National 
>Conference of Bar Examiner's Petition for a Writ 
>of Certiorari on October 4th.  This kept in 
>place the 9th Circuit's decision issued on 
>January 4th of this year that an entity such as 
>NCBE must offer the accommodations to a test 
>taker with a disability that best ensure that 
>the exam measures the individual's apptitudes 
>and abilities rather than their disability.  In 
>Stephanie's case, this meant that NCBE was 
>ordered to provide the Multistate Bar Exam and 
>Multistate Professional Responsibility Exam on a 
>computer with assistive technology.  This 
>portion of the litigation tied back to U.S. 
>District Court Judge Charles Breyer's original 
>grant of a preliminary injunction ordering the accommodations.
>
>After the 9th Circuit victory, we moved for 
>summary judgment  on Stephanie's claims and 
>asked the Court to issue a permanent injuction 
>ordering the accommodations.  I am very pleased 
>to say that  today, Judge Breyer granted summary 
>judgment in our favor.  Attached you will find 
>an accessible pdf of the decision.  Through this 
>whole time, Stephanie has been represented by 
>myself, Brown, Goldstein, and Levy of Baltimore, 
>and Disability Rights Advocates of Berkley.
>Best,
>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)
>
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