[NFBMDTLC-Chapter] Help Needed May 2

[Ringlein, Ellen]

Fellow Federationists

Next Wednesday afternoon there is an oral argument at the Federal Courthouse in Baltimore in a case which involves Patty Homan, a blind Randolph-sheppard vendor. We would like as many blind folks as possible to be there to support her. The details are below. Please let Sharon Maneki know, if you can attend.

Cordially,

Ellen


Federal Court in Baltimore to Decide  Important Rights for Blind People

When: Wednesday, May 2, 2018 at 2:15 PM

Where: court room 5C (5th floor, court room C), United States District Court, District of Maryland, located at 101 W. Lombard St. in Baltimore.

Note: Please plan to arrive at the Courthouse by 2:00 PM to give sufficient time to pass through security. A photo ID may be needed.  Laptop or other computers are not allowed.  Cell phones are permitted but must be turned off during court proceedings.

This is an oral argument before district court judge Marvin J. Garbis, open to the public.  Anyone interested should attend and pass the word to others.

The Issue

Patty Homan is a blind vendor and member of the NFB of Maryland. Six years ago the state wrongfully denied her a promotion in the BEP program.  Federal law gives blind vendors the right of arbitration to challenge actions or decisions of the state agency.

Last year a three-member arbitration panel convened by the U. S. Department of Education said Patty should have been promoted and ordered the state to pay her the money she would have earned; approximately $200 thousand due her in back pay. But now the state is refusing to pay Patty, arguing to the court that a blind vendor can't recover money damages and attorneys' fees when the state is found in violation of the law.  Although this appeal seems outrageous, some other federal courts have ruled in favor of states and against the blind  in similar cases, citing sovereign immunity of the states under the U. S. constitution. Therefore, the outcome in this case has important implications for upholding the rights of blind people under Randolph-sheppard and other laws.

The official name of the case is Maryland State Department of Education v. United States Department of Education et al. Our attorneys, Dr. Marc Maurer and Susan Rockwood Gashel will appear before Judge Garbis to make the important oral arguments on behalf of Ms. Homan and all blind people. Please be present in the room to show the court that the decision will have an important impact on the lives and livelihoods of blind people beyond that of Patty Homan alone.

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