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<h1><b>FOR IMMEDIATE
RELEASE</b></h1><font face="Garamond"> <br><br>
<b>CONTACT: <br><br>
</b>Chris Danielsen, National Federation of the Blind, (410) 659-9314,
ext. 2330 <br><br>
Scott LaBarre, LaBarre Law Offices, P.C., (303) 504-5979 <br><br>
Daniel Goldstein, Brown, Goldstein & Levy, LLP, (410) 962-1030
<br><br>
Anna Levine, Disability Rights Advocates, (510) 665-8644 <br><br>
<b> <br><br>
<div align="center">Federal Judge Orders the National Conference of Bar
Examiners <br>
to Provide Individualized Testing Accommodations <br><br>
to Blind Law School Graduate<br><br>
</b></div>
<br><br>
<b>San Francisco, California (February 5, 2010):</b> 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). <br><br>
<br><br>
<a name="OLE_LINK2"></a>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.” <br>
<br>
<br><br>
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.” <br><br>
<br><br>
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." <br><br>
<br><br>
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. <br><br>
<br><br>
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. <br><br>
<br><br>
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. <br><br>
</font><font face="Times New Roman, Times"> <br><br>
<br><br>
<div align="center"><b>###<br><br>
</b></div>
<br><br>
</font><font face="Garamond"><b>About the National Federation of the
Blind<br><br>
</b> <br><br>
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. <br>
</font> <br><br>
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