A FIRST AMENDMENT PUBLICATION Woodland Hills, California
Wednesday, March 9, 2022
One copy free, each additional copy $1.00
Protests during Board of Trustees Payan vs. LACCD
BY CECILIA PARADA Editor-in-Chief
T
he Los Angeles Community College District’s (LACCD) mission statement vows to foster student success for all individuals seeking advancement through providing equitable and supportive learning environments. But students with disabilities have not been afforded that luxury. On March 3, the Board of Trustees and LACCD said in a press release they have unanimously voted against filing certiorari and will seek additional mediation instead. The decision came after dozens of students with disabilities, community members and disability rights activists spoke at the Board of Trustees meeting on March 2 to support two blind LACCD students. Roy Payan and Portia Mason filed a lawsuit in 2017 against the District with the support of the National Federation of the Blind. The lawsuit alleged disability discrimination after the District failed to provide proper accommodations to the two students, which violated the students’ civil rights under the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973. Payan said students with disabilities have the right to
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Photo Illustration by Trisha Anas
expect a decent education and cited the 30 years since the ADA and the 49 years since Section 504 was passed. “You have 50 years of legislation to fix the system. This institution continued to buy systems that didn't work,” Payan said. “That's not my problem. It's yours. Start buying [accessible] systems or work with us. That's what we're asking for. Ignorance, indifference and neglect are not valid excuses for you to continue to take our rights away.” Since the lawsuit was filed, California courts have ruled in favor of Payan and Mason twice. Activists asked the board to not file certiorari, a motion that would move the case to the
United States Supreme Court. Executive Counsel for the Association of Higher Education and Disability Paul David Grossman said the actions threatened by the District are hypocritical of their mission statement. “We all may be and likely will be individuals with disabilities at some point in our life,” Grossman said. “I hope the day does not come when you need the protections of those laws. And they're weak, because you weaken them. You cannot both promise that you want to educate students with disabilities and care about and support students with disabilities, and at the very same time, disrespect and
damage civil rights. You cannot both honor and hold our rights hostage as a negotiation tool.” Associate Dean of Services for Students with Disabilities at LA Valley College David Green echoed Grossman’s concerns and said if the District decides to move forward, it would be advocating for the removal of the ADA, a necessary tool for many searching for equal access to education. “These actions are at odds with our own guiding principles and have the potential to permanently scar our District's reputation on how we include, educate and support our students with disabilities,” Green said. LACCD Director of
ccording to the Disability Rights Education & Defense Fund (DREDF) in 2019, the students successfully proved to the court that class materials were not accessible to them because screenreading software was not compatible. The judge ruled that LACCD would not be required to do anything if it amounted to “an undue financial or administrative burden or would result in the fundamental alteration.” LACCD appealed the decision to the Ninth Circuit Court of Appeals arguing that plaintiffs should not be allowed to file claims using the “disparate impact” theory of discrimination, which is unintentional, under the ADA and Section 504. The appeal was ruled in favor of Payan and Mason. The appellate court ruled that the ADA and Section 504 were made to specifically address intentional and unintentional discrimination. But Judge Kenneth K. Lee disagreed. Lee said the ADA and Section 504 only prohibit intentional discrimination. On Nov. 17, LACCD lawyers told the federal trial court to place a hold on the case as the District was planning on moving the case to the United States Supreme Court. The DREDF said if the District were successful the Supreme Court would rule the ADA and Section 504 do not prohibit disparate impact. Unintentional discrimination accounts for many cases of discrimination against people with disabilities, potentially devastating the ADA and Section 504.
Communications and External Relations William Boyer said to the Los Angeles Times that the District does not seek to challenge the constitutionality of the ADA. “The issue right now is whether a person should be able
to sue a publicly funded entity, and to profit from taxpayer money, for non-intentional discrimination,” Boyer said.
[See Payan vs. LACCD on pg. 3]
CSUN hosts Ukraine vigil BY MICHAEL MORENO Photographer
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Photo by Michael Moreno High school student Polina Tatarchenko stands with the Ukrainian flag during a vigil at CSUN in Northridge, Calif., on Mar. 2, 2022.
vigil dedicated to Ukraine was held outside of the California State University Northridge University Library on Wednesday afternoon, after Russia declared war on Ukraine almost two weeks ago. On Feb. 21, two separatist states in the Donbas region of Ukraine were recognized by the Russian government, and—just a few days later—a full-scale invasion was launched on the orders of Russian President Vladimir Putin. Students heard perspectives from the faculty and students on the Russian invasion and how it has impacted those who have family living in the region. Ukrainian-born high school student Polina Tatarchenko came out to support her fellow Ukrainian sisters who attend CSUN and Cal State Fullerton. Tatarchenko stressed the importance of informing others on
Volleyball drops conference game [see SPORTS on pg. 4]
the situation. “It’s just hard not being able to do anything from here, but when you just come out and see other Ukrainians and Russian people supporting it. It’s probably like a big junk of awareness and happiness that will maybe push something through,” Tatarchenko said. Tatarchenko was glad to hear the Ukrainian military and its citizens holding off Russian advances. “I am so proud of my people because they’re just normal citizens that weren’t even in the military,” Tatarchenko said. “They’re fighting.” Tatarchenko also shared that her family is on the ground helping many Ukrainian families cross over the border to Poland. Mariia Nikitash, a Ukrainian-born student, explained why it’s important to make sure that the voices of Ukrainian brothers and sisters are heard. “It’s our country, our families are there,” Nikitash said. “There’s nothing more important than to be together and be in touch.” Many Ukrainian families like Nikitash’s are hiding in shelters
waiting for the battle between the two countries to cease. Those who weren’t of Ukrainian descent still came out to support and better understand what is really happening in Ukraine. CSUN student Christian Ochoa was walking to his next class when he stumbled on the vigil. “I noticed this crowd and saw the [Ukrainian] flags and the speaker. [Mariia Nikitash's] words are very powerful,” Ochoa said. “I’m very saddened by it and to know her family is over there in Ukraine. She's doing a lot by being here.” Ochoa expressed resentment toward Vladimir Putin, dismissing the invasion as “completely wrong” and citing the freedom of Ukrainians as “being at stake.” Vigils have been held across the nation and on campuses like New York University, where about 400 members filled in the Kimmel Center on Monday, Feb. 28.
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