[NFBC-Pathfinder] FW: #BackOffLACCD: Legal Update & Request to Engage on Twitter

Thu Dec 23 14:56:58 UTC 2021

From: National Federation of the Blind <webmaster at nfb.org> 
Sent: Thursday, December 23, 2021 6:27 AM
To: Tina Thomas <tina.thomas90044 at gmail.com>
Subject: #BackOffLACCD: Legal Update & Request to Engage on Twitter

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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=6614164>  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=6614164> 

*    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=6614164> 

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=6614164> . 

Additional Resources:

*     <https://nfb.org/civicrm/mailing/url?u=24115&qid=6614164> Federal Court Rules in Favor of Blind Students

*     <https://nfb.org/civicrm/mailing/url?u=24116&qid=6614164> Disability Leaders Call on LA Community Colleges to Abandon Supreme Court Threat to Disability Rights

*     <https://nfb.org/civicrm/mailing/url?u=24117&qid=6614164> Letter to the Board of Trustees of the Los Angeles Community College District (LACCD)

*     <https://nfb.org/civicrm/mailing/url?u=24118&qid=6614164> Payan v LACCD Explainer

Thank you for your support and commitment. Learn more information about our legal program <https://nfb.org/civicrm/mailing/url?u=24119&qid=6614164> .

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National Federation of the Blind | 200 E Wells Street | Baltimore, MD 21230 | 410-659-9314 

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