[Athen] Court Cases/decisions re: alternate format production

Paul E. Paire paire at temple.edu
Thu Jan 22 13:14:45 PST 2015

This is a work in progress, and is VERY rough at this point, (and I don't have some of the latest cases in here), but you could check http://sites.temple.edu/a11ylawsuits/ as I have downloaded the PDFs or copied the text I could find. This was really developed for my own personal consumption (so I could track what cases are out there) so let me know if you run into problems with the site or it's content.

From: athen-list [athen-list-bounces at mailman13.u.washington.edu] on behalf of Sean Keegan [skeegan at stanford.edu]
Sent: Thursday, January 22, 2015 3:43 PM
To: Access Technology Higher Education Network
Subject: Re: [Athen] Court Cases/decisions re: alternate format production

The ATHEN site has a number of these cases listed (http://athenpro.org/content/legal-news) and I have tried to link to the official documents when possible. That said, some are not public or have been removed in which case I have linked to other websites. I also have included other sites where you could find information about court cases.

The AHEAD Legal Database has great information, but you need to be an AHEAD member to access that content. In fact, I would go as far to say that access to that database is a major benefit to becoming an AHEAD member.

Take care,

On Jan 22, 2015, at 12:08 PM, "Robert Espero" <roberte at uci.edu<mailto:roberte at uci.edu>> wrote:

I was only aware of about half of what both you cited. Are there any links to the CSU Fullerton and Florida St. cases? How about the University of Montana and University of Colorado?

Any info would be appreciated!


Robert Espero
Assistant Director, Accessible Technologies
Disability Services Center
UC Irvine

From: athen-list [mailto:athen-list-bounces at mailman13.u.washington.edu<mailto:list-bounces at mailman13.u.washington.edu>] On Behalf Of Ron
Sent: Thursday, January 22, 2015 11:44 AM
To: Access Technology Higher Education Network
Subject: Re: [Athen] Court Cases/decisions re: alternate format production

There are also a series of more recent cases, while they do not speak to alt format in particular they do speak to accessible curricular materials. Louisiana Tech is an interesting case in point. University of Montana, and most recently the University of Colorado but I have not seen a settlement letter on this one yet.

Ron Stewart

On Thursday, January 22, 2015, Sean Keegan <skeegan at stanford.edu<mailto:skeegan at stanford.edu>> wrote:
Hi Susan,

You can take a look at the list of court cases on the ATHEN site:

The CSU Fullerton case, the UC Berkeley case, and the Florida State University case are relevant to alternate format production. Also, although a bit dated, I think the 1996 OCR investigation of the California Community Colleges has some language that is still relevant (i.e., use of the term effective communication).

There may be others, but these are the ones that jump to mind with respect to alternate format production.

The only other case I can think of that is recent would be the Author's Guild vs. Hathi Trust (https://www.eff.org/cases/authors-guild-v-hathitrust). Check out the Opinion Granting Summary Judgement of Fair Use [PDF] as the judge includes a transformative use of creating accessible versions of the scanned materials.

Take care,

On Jan 22, 2015, at 10:31 AM, Susan Kelmer <Susan.Kelmer at Colorado.EDU> wrote:

Looking for info on court cases that fell in our favor regarding the production of alternate format for students. I know there was a relatively recent case but can’t put my finger on it. One of my law students is working on a project and was asking me questions.


Susan Kelmer
Alternate Format Coordinator
Disability Services
University of Colorado Boulder
107 UCB
Boulder, CO 80309

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