One of the problems the Internet has introduced is that, in the Electronic Village, all the village idiots have Internet access.
Law School Site Sued Over Web Access Issues
The US National Federation of the Blind; its California affiliate; and a blind law school applicant, Deepa Goraya, filed a lawsuit on February 1st 2009 against the Law School Admissions Council (LSAC).
The complaint asserts that the LSAC, the body that administers the Law School Admissions Test (which most aspiring law students must take) and provides other services to law schools and law school applicants, violates the California Disabled Persons Act and the Unruh Act because the LSAC web site and LSAT preparation materials are inaccessible to blind law school applicants. The plaintiffs did attempt to meet with the LSAC to resolve the matter, but the LSAC canceled a planned meeting.
The lawsuit claims that the LSAC web site contains a number of accessibility barriers including improperly formatted online forms, tables and charts that cannot be read by screen access software, and faulty keyboard navigation support. These access barriers make it difficult or impossible for blind people to use the site to register for the LSAT, amongst other things. The site is also the only avenue for people to apply online to any law school accredited by the American Bar Association. However, blind applicants cannot submit their applications without sighted assistance because the application forms are improperly formatted. In addition, none of the LSAT practice materials, which include previously administered versions of the test that sighted people can obtain on the LSAC site, are available in accessible electronic formats.
“The Internet is extremely useful to blind people, as well as our sighted peers, when Web sites are properly formatted according to well-established guidelines; there is no good reason for any Web site offering goods and services to the public to be inaccessible to blind people. For too long, blind people have experienced barriers to entering the legal profession, despite our long history of demonstrated success in that field. The National Federation of the Blind will not sit quietly while the LSAC willfully refuses to provide the same services to blind people seeking admission to law school that it does to the sighted. The LSAC is engaging in blatant discrimination against the blind and we will not stand for it.”
Dr. Marc Maurer, President of the National Federation of the Blind
“Trying to use the LSAC Web site made the experience of applying to law school a nightmare when it should have been as easy for me as for anyone else. I had to select and rely upon a reader for over fifty hours to complete my law school applications. Also, none of the practice tests available on the Web site were accessible. I want the process of gaining admission to law school to be easier for all blind people who are interested in entering this noble profession, and I hope this action will achieve that goal.”
Deepa Goraya, a law school applicant and named plaintiff in the suit
Sounds like an ADA issue. Right? I mean, there is case law on this going back to the early 90′s. No?
The problem with applying the Americans with Disabilities Act (ADA) is that it pre-dates the Web as we now know it and was intended to deal with physical structures. This can make it problematic to apply to a virtual presence such as a web site. There have been a couple of ADA successes – such as the Ramada, Priceline cases and, most recently, the Target lawsuit – but, equally, I think were a couple of early failures when cases were brought under ADA alone.
The Unruh Civil Rights Act requires any business establishment of any kind to be accessible if doing business in California so it seems to have the wider scope that might be needed for a successful lawsuit.
In having worked with the DOJ in resolving the impasse for law school admissions (case no# DJ 169-73-0) and in being in touch with Deepa Goraya (via email), she comprehends the numerious issues at hand. And even though her concerns are justified in respects for the disabled to have proper access to websites, her ambitions lay with obtaining admissions into a law school. Should she be denied access to the legal profession by which admissions into a law school is required, ultimately she in likehood should pursue legal action and with the government now having a complete an detailed process in hand in resolving the “Grutter” decision, the true fight for equality will be forthcoming. We are going to get down to the bottom of this entangled mess…….