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<DIV dir=ltr class=OutlookMessageHeader align=left><FONT size=2
face=Tahoma>-----Original Message-----<BR><B>From:</B>
chapter-presidents-bounces@nfbnet.org
[mailto:chapter-presidents-bounces@nfbnet.org]<B>On Behalf Of </B>Danielsen,
Chris (by way of David Andrews<dandrews@visi.com>)<BR><B>Sent:</B>
Wednesday, March 03, 2010 2:02 AM<BR><B>To:</B>
david.andrews@nfbnet.org<BR><B>Subject:</B> [Chapter-presidents] Court Rules
that National Conference of Bar Examiners Must Provide Individualized Testing
Accommodations to Blind Law School Graduate<BR><BR></FONT></DIV><BR><B>FOR
IMMEDIATE RELEASE<BR><BR> <BR><BR>CONTACT:<BR><BR></B>Chris
Danielsen<BR><BR>Director of Public Relations<BR><BR>National Federation of the
Blind<BR><BR>(410) 659-9314, extension 2330<BR><BR>(410) 262-1281
(Cell)<BR><BR>cdanielsen@nfb.org<BR><BR>
<DIV align=center>
<H1><B>Court Rules that National Conference of Bar Examiners Must Provide
Individualized Testing Accommodations to Blind Law School
Graduate<BR><BR><BR></B></H1></DIV>
<H2><B>Ninth Circuit Court of Appeals Denies NCBE Motion to Stay Preliminary
Injunction</I></B></H2> <BR><BR><B>San Francisco, California (February 24,
2010):</B> The Ninth Circuit Court of Appeals yesterday refused to stay a
preliminary injunction requiring the National Conference of Bar Examiners (NCBE)
to provide a blind law school graduate with the technology-based testing
accommodations she needs to take two exams required to become a member of the
State Bar of California. A federal judge had previously granted the
preliminary injunction requiring the accommodations, but the NCBE appealed the
ruling. The Ninth Circuit�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>Dr. Marc Maurer, President of the National Federation of
the Blind, said: �The court�s action puts an end to Stephanie Enyart�s year-long
ordeal to get the accommodations she needs to take this crucial step in her
chosen career. As we have said before, those who control admission to the
practice of law must themselves obey the law.�<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, fully 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> <BR><BR> <BR><BR>
<DIV align=center><B>###<BR><BR></B></DIV> <BR><BR><B> <BR><BR>About
the National Federation of the Blind<BR><BR></B>With more than 50,000 members,
the National Federation of the Blind 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><BR></BODY></HTML>