Bradford v Board of Regents of the University of Houston - U.S.D.C.-S.C.Tex. (Houston) No. 06-cv-02478
Student With No Arms Sues UH Over Note-taking under ADA --> UH in the Courts
July 27, 2006
By HARVEY RICE
A wheelchair-bound man with no arms wheeled into the executive offices of the University of Houston today
to serve officials with a lawsuit accusing them of failing to provide him with federally required classroom
assistance.
Gary Bradford, 42, of Baytown, watched from his wheelchair as his attorney handed university General
Counsel Dona Hamilton a copy of a lawsuit seeking to change a policy that allowed a professor to refuse his
request for someone to help him take notes.
Hamilton declined comment until she had a chance to review the lawsuit.
The lawsuit was one of 16 filed statewide by the Texas Civil Rights Project accusing the government and
private companies of failing to comply with the 1990 Americans with Disabilities Act.
All the lawsuits except Bradford's were filed Wednesday, the 16th anniversary of the act. Project attorney
Ernest Saadiq Morris said heavy rain prevented him from accompanying Bradford on Wednesday to serve
the lawsuit.
The lawsuit asks the court to strike down a policy that allows professors at the university the choice of
whether to comply with special requests for assistance from disabled students.
"We want to teach (professors) that the school writes their paychecks and they are going to have to
accommodate students," said Bradford, wheeled by his mother, Darla Bradford, 68.
Bradford is not seeking monetary damages.
Bradford -- who was born without arms, his hands attached to his shoulders, and suffers from rickets -- said
he is a vocalist and wanted to complete about 20 hours of course work needed for a bachelor's in music.
He enrolled at UH in the Fall of 2005 and the school's Academic Accommodations Evaluations Committee
and Center for Students with Disabilities recommended assistance with note taking and extended testing
time, the lawsuit says. Bradford, who uses two sticks to type, should also be allowed to use a computer for
essays and essay exams, the school recommended.
Professors in all classes but one allowed a teaching assistant to take notes for Bradford, he said. Shirley Yu,
who taught a social sciences writing intensive course that was required for graduation, refused to give him
her notes or a copy of a slide presentation during a lecture, according to the lawsuit.
The four teaching assistants assigned to the class refused to take notes for Bradford, the lawsuit says.
Bradford appealed to the head of the educational psychology department and was told that the decision to
accommodate him was left to Yu.
Unable to take notes, Bradford dropped the class.
He later withdrew from the university after a dispute over the scheduling of an examination, the lawsuit says.
The lawsuit also says that a handicapped access entrance to the John and Rebecca Moore School of Music,
where Bradford attended classes, did not function and that he was forced to wait at the door until other
students could open it for him.
Morris said at least other eight lawsuits were filed in Austin, mostly against restaurants that lack
accommodations for the disabled.
Another lawsuit was filed to force the repair of a gate for the handicapped at the Laredo border crossing,
Morris said.
harvey.rice@chron.com
Copyright by The Houston Chronicle
------
Bradford vs. Board of Regents of The University of Houston et al - ADS Suit by Student
Cause No. 4:06-cv-02478
Parties: Gary Bradford v. Bd. of Regents of U of H, Jay Gogue, William Munson, Abel Garza, Jacqueline Hawkins, Cheryl
Amuso, Shirley Yu, in their official capacities
Attorneys: James C. Harrington, Austin v. James B. Eccles, Asst. AG
Judge: Hon Kenneth M. Hoyt
Cause: American with Disabilities Act (ADA)
Status: filed 7/27/06; scheduling order issues 12/18/06; docket call for 4-5 day jury trial set for 9/10/07