[blindlaw] Fwd: Do blind people have a right to visual memory?

[Sai]

Forwarding message unintentionally sent offlist, and my response:


From: Daniel McBride

Dear Sai:

I think I better understand your question now. However, as the old
adage goes, bad facts make for bad law. And we must pick our battles
carefully lest we get what we ask for.

For example, Deepah Goraya posted today about the settlement reached
with the three bar candidates and BarBri over accommodations for the
blind. These were good facts and, if it had gone to trial then appeal,
it would have likely made good law. In fact, I'm not sure that the
settlement went far enough if BarBri wasn't made to compensate the
three bar candidates for the expenses they suffered in the process of
BarBri's failure to make initial accommodations. But, it is a victory
nonetheless for the three involved and those who follow in the future.

They had good facts and are entitled to what is fair and equal in
their quest to become lawyers. I second Deepaah's congrats to these
three for their tenacity and perseverance.

Dan McBride


From: Sai

*nod* Agreed.

FWIW, I'm in a very unusual situation: I am part-time fully blind.
Extreme light sensitivity makes me unable to open my eyes (even under
sunglasses) in most lighting conditions, including outdoors and in
fluorescent lights. (Courts included.)

However, I have no ocular issue. In dim light I can see just fine.

I know, that's really unusual. It does however make me actually able
to *personally* review video I record, without sharing it with anyone,
as a way to see what I could not see at the time of recording. I think
that's nearly as close as possible to the notion of a self-curable
"visual memory" as one can get.

Does it generalize? I truly don't know. Obviously someone with
permanently near-zero sight would need to have a second person view
the video in order to get some access to know what they had 'seen'
(i.e. recorded), which changes the situation in a way that might
affect the outcome.

It seems worth thinking about, though.

Sincerely,
Sai