[blindlaw] More Good News In Enyart

[Daniel K. Beitz]

Great work Scott.  It is about time these bar organizations were made to
comply with federal law.  The only reason it took this long in my opinion is
their inconceivable arrogance and obstinacy.

-------------------------------------------
Daniel K. Beitz
Wienner & Gould, P.C.
950 University Dr., Ste. 350
Rochester, MI  48307
Phone:  (248) 841-9405
Fax:  (248) 652-2729
dbeitz at wiennergould.com
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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Scott C. LaBarre
Sent: Monday, October 24, 2011 7:20 PM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] More Good News In Enyart

Greetings, as most know, we were victorious in getting the Supreme Court to
deny the National Conference of Bar Examiner's Petition for a Writ of
Certiorari on October 4th.  This kept in place the 9th Circuit's decision
issued on January 4th of this year that an entity such as NCBE must offer
the accommodations to a test taker with a disability that best ensure that
the exam measures the individual's apptitudes and abilities rather than
their disability.  In Stephanie's case, this meant that NCBE was ordered to
provide the Multistate Bar Exam and Multistate Professional Responsibility
Exam on a computer with assistive technology.  This portion of the
litigation tied back to U.S. District Court Judge Charles Breyer's original
grant of a preliminary injunction ordering the accommodations.  

After the 9th Circuit victory, we moved for summary judgment  on Stephanie's
claims and asked the Court to issue a permanent injuction ordering the
accommodations.  I am very pleased to say that  today, Judge Breyer granted
summary judgment in our favor.  Attached you will find an accessible pdf of
the decision.  Through this whole time, Stephanie has been represented by
myself, Brown, Goldstein, and Levy of Baltimore, and Disability Rights
Advocates of Berkley.  
Best,   
Scott C. LaBarre, Esq.

LaBarre Law Offices P.C.
1660 South Albion Street, Ste. 918
Denver, Colorado 80222
303 504-5979 (voice)
303 757-3640 (fax)
slabarre at labarrelaw.com (e-mail)
www.labarrelaw.com (website)

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