Blind Man Sues ABA over LSAT Discrimination

Imagine that you had to take the LSAT without being able to diagram Logic Games. Not because LSAC prevented you from drawing in the margins of your test booklet, but because you were blind.

Logic Games are hard enough as it is. I can't solve them without diagrams, and I spend all my time helping people improve their LSAT scores. I have no doubt that I'd bomb the section.

LSAC itself even admits at the beginning of each Logic Games section:
In answering some of the questions, it may be useful to draw a rough diagram.

If I were a law school applicant who found myself at a disadvantage because I couldn't benefit from diagramming like everyone else, I'd probably sue.

According to a local news station in Detroit, that's exactly what Angelo Binno, a blind law school applicant, has done:
The suit says it [the ABA] has told law schools that in order to maintain accreditation they need to only accept students with a 140 or higher LSAT score. 
Binno says this is a problem because much of the test requires that test takers answer questions using pictures or diagrams. 
This is not reasonable for a blind person. There is no alternative test or waiver to give them opportunity. 
“You prepare for it as best you can, but you walk in knowing you are going to fail,” said Binno. 
“I can tell you, as a lawyer, that I have never had to draw a diagram to win a case,” said Jason Turkish, his attorney.

Until 1997, LSAC had blind test-takers being assisted by readers who hadn't ever worked with a blind person before. It took a lawsuit to force LSAC to allow blind test-takers to bring their own readers.

One plaintiff in that lawsuit wrote:
"It's a high-pressure test, so trying to train somebody to read for the first time was a horrible distraction." 

It took another lawsuit a few years ago to get LSAC to make its website accessible to blind people (this is possible using screen reader software).

I'm sure LSAC doesn't have any special bias against those with disabilities. However, as an organization that serves as a gatekeeper to the legal profession, LSAC should think about whether its own policies are equitable and just, or whether they discriminate against a group that faces enough obstacles already.




1 comment:

  1. But let's take a step back. Isn't the Games section just the most visually-obvious problem of many? What about RC? The passages are dense; the questions nuanced. You often need to revisit the text more than once to find the correct answer. Yes, you have a reader. But she's not the one taking the test; you are! It's the quickness of your intellect that's being examined. Frankly, I don't see how a blind test-taker could overcome his disability, even with a reader and extra completion time.

    Of course, the same challenges will likely face the visually-handicapped in law school. Sadly, I haven't found too much case law in braille. How far have schools gone to meet ADA compliance and assist blind students in keeping up with their more fortunate classmates? I'd be interested in knowing. Insights, anyone?

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