The National Federation of the Blind (NFB), the National Federation of the Blind of West Virginia (NFBWV), and two blind graduate students have filed a federal lawsuit against the West Virginia University (WVU) Board of Governors, alleging that the University systematically denies blind students equal access to its educational programs, services, and activities. The plaintiffs are represented by Eve Hill, Erin O’Neill, and Julie Orozco of Brown Goldstein & Levy and Nicholas Ward and Michael Folio of Disability Rights of West Virginia.
The lawsuit, filed in the United States District Court for the Southern District of West Virginia, alleges that WVU violates Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 by failing to provide blind students with accessible course materials, educational technology, and field placement opportunities required to complete their degrees.
The University has also failed to provide required auxiliary aids and services such as qualified human readers. Harold Thomas Rogers and Miranda Lacy, both students in WVU’s online Master of Social Work program and members of the National Federation of the Blind of West Virginia, allege that the University has consistently failed to accommodate their needs.
“Upon completing my undergraduate program at West Virginia State University, a historically Black college that provided me with the necessary accommodations to graduate with honors, I sought to pursue my master’s degree in social work,” said Miranda Lacy, one of the students being represented in the case. “I chose West Virginia University because it is the largest in the state and I thought it offered the best accommodations. Unfortunately, I have continued to experience ongoing barriers and discrimination and have been unable to receive the same educational opportunities as my sighted peers.”
“These students enrolled at WVU to pursue careers dedicated to helping others, but instead they have been met with institutional barriers and unlawful discrimination that threaten their futures,” said Mark Riccobono, President of the National Federation of the Blind. “The University’s behavior is inexcusable, as its legal obligations are not new and it could have followed the lead of any number of other academic institutions with whom blind Americans have collaborated to institute systemic accessibility solutions. The National Federation of the Blind simply cannot and will not tolerate this deplorable conduct at WVU or anywhere else.”
The National Federation of the Blind, headquartered in Baltimore, defends the rights of blind people of all ages and provides information and support to families with blind children, older Americans who are losing vision, and more. Founded in 1940, the NFB is the transformative membership and advocacy organization of blind Americans with affiliates, chapters, and divisions in the 50 states, Washington DC, and Puerto Rico. Brown Goldstein & Levy is proud to be a long-time partner with the NFB.
ABOUT EVE HILL
Eve Hill is one of the nation’s leading civil rights lawyers, known especially for her work with clients with disabilities and LGBTQ+ clients. She has been recognized by Law360 as one of just 12 “Titans of the Plaintiffs’ Bar” for 2023, as well as by Lawdragon as one of the 500 Leading Lawyers in America (2022, 2023, and 2024). Her wide-ranging experience complements Brown, Goldstein & Levy’s decades of dedication to high-impact disability rights cases and its advocacy on behalf of individuals with disabilities and their families. Eve also leads Inclusivity, BGL’s Strategic Consulting Group, which works with organizations to promote the education, engagement, and employment of people with disabilities. Learn more about Eve here.
ABOUT ERIN O’NEILL
Erin O’Neill joined Brown Goldstein & Levy in October 2023. Her practice includes cases involving civil rights, disability rights, personal injury, commercial litigation, and appeals. Prior to joining the firm, Erin clerked for the Honorable M. Margaret McKeown on the United States Court of Appeals for the Ninth Circuit and the Honorable Leslie Abrams Gardner on the United States District Court for the Middle District of Georgia. She also worked for a large law firm in Atlanta representing clients facing government investigations. Learn more about Erin here.
ABOUT JULIE OROZCO
Julie Orozco currently serves as the firm’s Disability Rights Fellow. She is a disability rights advocate and leader in the disability community. She attended the American University Washington College of Law, where she received a full scholarship as a public interest/public service scholar. Julie has served as a leader in the National Federation of the Blind for over a decade. She was the first vice president of the National Federation of the Blind of Missouri, the president of the National Federation of the Blind Performing Arts Division, and a board member of the National Association of Guide Dog Users. She currently serves as the vice president of the National Federation of the Blind Arlington Chapter. Learn more about Julie here.
ABOUT BROWN GOLDSTEIN & LEVY
Founded in 1982, Brown Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.
