Binno v. The American Bar Association

Filing 25

MOTION for Leave to File BRIEF AS AMICUS CURIAE by Bill Schuette. (Attachments: # 1 Exhibit Proposed Amicus Brief) (Neill, Brian)

Angelo Binno,

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Plaintiff,
No. 2:11-cv-12247

v

HON. DENISE PAGE HOOD

The American Bar Association,

MAG. MARK A. RANDON

Defendant.
Michael J. Blau
Richard H. Bernstein
Attorneys for Plaintiff
31731 Northwestern Highway, Suite 333
Farmington Hills, MI 48334-1669
248-737-8400
[e-mail]

Allyson A. Miller
David R. Deromedi
Peter H. Webster
Attorneys for Defendant
Dickinson, Wright
500 Woodward Ave, Ste 4000
Detroit, MI 48226
313-223-3500
[e-mail]

MICHIGAN ATTORNEY GENERAL BILL SCHUETTE’S
MOTION TO FILE BRIEF AS AMICUS CURIAE

/

NOW COMES Michigan Attorney General Bill Schuette and, pursuant to
Fed. R. Civ. P. 7, L.R. 7.1, and Fed. R. App. P. 29, moves for leave to file the
attached proposed brief as amicus curiae.
1.

Plaintiff Angelo Binno alleges that the Law School Admissions Test

(LSAT) discriminates against blind and visually-impaired students.
2.

Mr. Binno further alleges that the accreditation standards of the

American Bar Association (ABA) effectively compel law schools in Michigan to
consider the LSAT for admission.

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3.

If proven, these allegations would establish a violation of both the

Americans with Disabilities Act, 42 U.S.C. § 12111 et seq., and the Michigan
Persons with Disabilities Civil Rights Act, Mich. Comp. Laws § 37.1401 et seq.
4.

As Attorney General for the State of Michigan, Bill Schuette is

authorized to intervene and appear on behalf of the people of Michigan in any cause
or matter in which the people may have an interest. Mich. Comp. Laws § 14.28. See
also Associated Builders & Contractors v. Perry, 115 F.3d 386, 390-92 (6th Cir.
1997).
5.

Whether the LSAT is in fact discriminatory, and whether law schools

in Michigan are compelled to consider a discriminatory examination, are issues of
substantial consequence to the people, universities, and government agencies of
Michigan.
6.

In accordance with Local Rule 7.1, concurrence was requested and

received from Plaintiff’s counsel on November 1, 2011. Defendant’s counsel declined
to concur on November 2, 2011.
WHEREFORE, Michigan Attorney General Bill Schuette moves for leave to
file the attached proposed brief as amicus curiae.
Respectfully submitted,
Bill Schuette
Attorney General
/s/ Brian O. Neill (P63511)
Assistant Attorney General
Attorneys for Amicus Curiae
P.O. Box 30736
2

Lansing, Michigan 48909
517-241-0210
[e-mail]
[P63511]
Dated: November 2, 2011

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Angelo Binno,

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Plaintiff,
No. 2:11-cv-12247

v

HON. DENISE PAGE HOOD

The American Bar Association,

MAG. MARK A. RANDON

Defendant.
Michael J. Blau
Richard H. Bernstein
Attorneys for Plaintiff
31731 Northwestern Highway, Suite 333
Farmington Hills, MI 48334-1669
248-737-8400
[e-mail]

Allyson A. Miller
David R. Deromedi
Peter H. Webster
Attorneys for Defendant
Dickinson, Wright
500 Woodward Ave, Ste 4000
Detroit, MI 48226
313-223-3500
[e-mail]

MICHIGAN ATTORNEY GENERAL BILL SCHUETTE’S
BRIEF IN SUPPORT OF MOTION FOR LEAVE

/

Pursuant to Fed. R. Civ. P. 7, L. R. 7.1, and Fed. R. App. P. 29, Michigan
Attorney General Bill Schuette respectfully moves for leave to file the attached
proposed brief as amicus curiae urging the Court to deny summary judgment and
allow discovery.
Plaintiff Angelo Binno alleges that every law school in Michigan is basing
admission in part on the results of a discriminatory examination in violation of the
Americans with Disabilities Act (ADA). 42 U.S.C. § 12111 et seq. Specifically, he
alleges that the Law School Admissions Test (LSAT) discriminates against blind
and visually-impaired students by needlessly requiring diagramming to assist with
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answering questions. Further, Mr. Binno alleges that the accreditation standards of
the American Bar Association (ABA) effectively compel law schools in Michigan to
consider the LSAT for admission. If proven, Mr. Binno’s allegations would establish
a violation of both the ADA and Michigan Persons with Disabilities Civil Rights Act
(MDCRA). Mich. Comp. Laws § 37.1401 et seq.
As Attorney General for the State of Michigan, Bill Schuette is authorized to
intervene and appear on behalf of the people of Michigan in any cause or matter in
which the people may have an interest. Mich. Comp. Laws § 14.28. See also
Associated Builders & Contractors v. Perry, 115 F.3d 386, 390-92 (6th Cir. 1997).
Whether the LSAT is in fact discriminatory, and whether law schools in Michigan
are effectively required to consider a discriminatory examination, are issues of
substantial consequence to the people, universities, and government agencies of
Michigan. It could mean that Michigan’s blind and visually-impaired residents are
inhibited from obtaining a legal education and future employment as attorneys. As
discussed in the attached proposed brief, discovery will assist in assessing the
factual support for Mr. Binno’s allegations and whether intervention by the
Attorney General is necessary.
This Court has full discretion over whether to grant amicus status. Hoptowit
v. Ray, 682 F.2d 1237, 1261 (9th Cir. 1982); Silver v. Babbitt, 166 F.R.D. 418, 434
(D. Ariz. 1994). Because the State plays an important role in the enforcement of
civil rights and brings a perspective that is unique from the parties, the proposed
brief will serve the important role of “bring[ing] relevant matter[s]” to the attention

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of the Court that have not already been brought to its attention by the parties.
Funbus Systems, Inc. v. Cal. Pub. Util. Comm’n, 801 F.2d 1120, 1124-25 (9th Cir.
1986); see also Neonatology Assocs. v. Commissioner, 293 F.3d 128, 132-33 (3d Cir.
2002) (Alito, J.) (discussing standards for acceptance of amicus briefs).

CONCLUSION
WHEREFORE, Michigan Attorney General Bill Schuette moves for leave to
file the attached proposed brief as amicus curiae.
Respectfully submitted,
Bill Schuette
Attorney General
/s/ Brian O. Neill (P63511)
Assistant Attorney General
Attorneys for Amicus Curiae
P.O. Box 30736
Lansing, Michigan 48909
517-241-0210
[e-mail]
[P63511]
Dated: November 2, 2011

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CERTIFICATE OF SERVICE (e-file)
I hereby certify that on November 2, 2011, I electronically filed the above
document(s) with the Clerk of the Court using the ECF System, which will provide
electronic copies to counsel of record.
/s/ Brian O. Neill (P63511)
Assistant Attorney General
Attorneys for Amicus Curiae
P.O. Box 30736
Lansing, Michigan 48909
517-241-0210
[e-mail]
[P63511]

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