| Sara Granda and Stephanie Enyart both earned the | | | | Because state bar associations are "public entities" |
| right to take the California Bar Exam. I say "earned" | | | | under the ADA, subsequent discriminatory disbarment |
| because in addition to graduating from law school and | | | | may constitute violations of Title II of the ADA. Further |
| meeting the other requirements of California's Bar | | | | violations may occur if the disabled lawyer is denied full |
| Examiners, the two women suffered from disabling | | | | and fair participation in a discipline proceeding, or denied |
| disabilities. This made them intended congressional | | | | other benefits based on his disability. |
| beneficiaries of the Americans With Disabilities Act | | | | Other discriminatory acts which may violate Title II |
| [ADA]. | | | | arise in attempts by a lawyer who resigns or is |
| Granda, was left paralyzed from the neck down from | | | | suspended or disbarred to gain re-instatement. In |
| an auto accident. Enyart, suffers from Stargardt Illness, | | | | addition to provisions of the ADA, the safeguards |
| which is a deterioration of the central vision system. | | | | provided by the U.S. Constitution and federal civil rights |
| When the State Bar refused to let her sit for the | | | | statutes apply to the re-instatement process. Thus |
| exam, Granda sued and took her case all the way up | | | | further violations could be found by state bar official's |
| to the California Supreme Court. Enyart sued the | | | | refusal to provide documents or impose unfair and |
| National Committee of Bar Examiners for its refusal to | | | | discriminatory limitations on the re-instatement process. |
| let her sit for the bar exam using adaptive technology | | | | The most common remedy available to lawyers with |
| specially designed for persons with sight impairments. | | | | hidden disabilities is to file an ADA complaint with the |
| Both women gained national attention in the media and | | | | U.S. Department of Justice. ADA is enforced by the |
| eventually won. | | | | agency's Civil Rights Division. Local U.S. Attorneys can |
| Practicing lawyers with "hidden" ADA disabilities face a | | | | receive, investigate and refer ADA complaints. Upon |
| different set of obstacles than those like Granda and | | | | receipt of a Title II ADA complaint, the Justice |
| Enyart who seek initial admission into one of America's | | | | Department will attempt to resolve the matter |
| state bar associations. Hidden disabilities include learning | | | | informally with the "public entity." If this can not be |
| disorders, psychological and other rare disorders. | | | | accomplished, it will provide the parties with a written |
| There are reported cases where opposing counsel | | | | finding of fact which includes the applicable remedies. |
| may take advantage of a lawyer's hidden disability to | | | | Whatever the facts or legal theories, it is always |
| gain an unfair advantage in litigation. One such | | | | recommended that the aggrieved lawyer seek the |
| technique is to file an ethical complaint which is not | | | | advice of a competent and qualified lawyer |
| well-founded in law or fact. Other charges often raised | | | | experienced in disability rights law. |
| in these bogus disbarments are that the disabled | | | | Note: This article is for educational purposes only and |
| lawyer engaged in "acts of moral turpitude" or was | | | | not intended as legal advice. |
| "disrespectful to the court." | | | | |