[NFB_of_Georgia] Fwd: #BackOffLACCD: Legal Update & Request to Engage on Twitter

Thu Dec 23 15:53:46 UTC 2021

Good morning, sending this message out to be sure that everyone on the
listserv has received it. Please take action.

---------- Forwarded message ---------
From: National Federation of the Blind <webmaster at nfb.org>
Date: Thu, Dec 23, 2021 at 9:15 AM
Subject: #BackOffLACCD: Legal Update & Request to Engage on Twitter
To: Dorothy Griffin <dgriffin at nfbga.org>

[image: National Federation of the Blind logo and tagline live the life you
want] <http://nfb.org>
Legal Update—Help Stop Petition to Damage Disability Rights

Los Angeles Community College District (LACCD) is planning to petition the
U.S. Supreme Court regarding the Americans with Disabilities Act (ADA) and
Section 504 of the Rehabilitation Act—putting disability rights at risk.

LACCD plans to argue that plaintiffs should not be allowed to bring claims
under the ADA or Section 504 using the “disparate impact” theory of
discrimination. “Disparate impact” discrimination means supposedly
unintentional harm or exclusion. However, most discrimination against
people with disabilities happens because of low expectations and without
intentional harm. We demand our civil rights be preserved regardless of
intentions.

This email is a request to engage with the hashtag #BackOffLACCD on Twitter
<https://nfb.org/civicrm/mailing/url?u=24113&qid=6607893> to demand that
LACCD abandon the effort that threatens our rights.
Background of Case

In a case filed by the National Federation of the Blind, the National
Federation of the Blind of California, and two blind students, Roy Payan
and Portia Mason, the Federal District Court for the Central District of
California found that Los Angeles Community College District (LACCD)
violated the students’ rights under Title II of the Americans with
Disabilities Act and Section 504 of the Rehabilitation Act of 1973 by
failing to provide them with accessible documents and course materials,
failing to provide equal access to library resources, procuring and using
inaccessible educational technology, and maintaining an inaccessible
website, among other things.

Colleges and universities are obligated by federal law, the Americans with
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973
(Section 504), to provide students with disabilities equal and integrated
access to programs, benefits, and services. Specifically, public
universities and colleges must adhere to Title II of the ADA, and private
schools must adhere to Title III; many must also comply with Section 504
because they receive federal funds.

However, LACCD’s Board of Trustees voted on December 19 to proceed toward
filing a petition for certiorari with the United States Supreme Court in
the *Payan v. LACCD* litigation.
How You Can Help

Twitter is a social media platform that can help provide a public
opportunity to demand that LACCD back off this petition. Here are some ways
to help:

   - Review and interact with posts under the hashtag #BackOffLACCD on
   Twitter <https://nfb.org/civicrm/mailing/url?u=24113&qid=6607893>
   - Share your concerns about the impact this will have and include the
   hashtag #BackOffLACCD in your posts
   - Follow and share the National Federation of the Blind, @NFB_voice
   <https://nfb.org/civicrm/mailing/url?u=24121&qid=6607893>

Sample tweet:

Equal access to education is a right. Discrimination is discrimination
regardless of intentions. @LACCD, abandon your plans to petition the
Supreme Court regarding the ADA and Section 504. Work with us—not against
us. #BackOffLACCD

A twitter account will be needed to engage with this digital public
protest. To learn more about Twitter, review our General Twitter Tips
<https://nfb.org/civicrm/mailing/url?u=24114&qid=6607893>.
Additional Resources:

   - Federal Court Rules in Favor of Blind Students
   <https://nfb.org/civicrm/mailing/url?u=24115&qid=6607893>
   - Disability Leaders Call on LA Community Colleges to Abandon Supreme
   Court Threat to Disability Rights
   <https://nfb.org/civicrm/mailing/url?u=24116&qid=6607893>
   - Letter to the Board of Trustees of the Los Angeles Community College
   District (LACCD)
   <https://nfb.org/civicrm/mailing/url?u=24117&qid=6607893>
   - Payan v LACCD Explainer
   <https://nfb.org/civicrm/mailing/url?u=24118&qid=6607893>

Thank you for your support and commitment. Learn more information about our
legal program <https://nfb.org/civicrm/mailing/url?u=24119&qid=6607893>.

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..
-- 
Dorothy Griffin - President
National Federation of the Blind of Georgia
dgriffin at nfbga.org
770-374-4832

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.