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<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>
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<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>
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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>
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<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>
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