What was the secret to his success? Besides the obvious factors, like intelligence and hard work, he received reasonable accommodations to facilitate his education. Beginning in eighth grade, he began using Communication Access Real-time Transcription (CART), a system that transcribes the speaker’s words and displays them on a computer screen.

When he was admitted to Creighton, he requested accommodations, including the CART system, once again. Instead, Creighton provided him with an insufficient half-measure.

After giving Creighton’s provided accommodation a shot, and trying to reach an agreement with the school, Argenyi eventually sued.

The district court granted summary judgment to Creighton in the ADA and Rehabilitation Act lawsuit, dismissing Argenyi’s affidavit about his abilities as “self-serving” and noting a lack of supporting evidence in the record.

(Self-serving? Isn’t every affidavit by a defendant self-serving?)

  • The plaintiff is disabled and academically qualified to attend the institution;
  • The institution is a “place of public accommodation and receives federal funding;
  • The institution discriminated against the plaintiff based on his disability.

The first two elements were undisputed, so the appeal hinged on discrimination.

Of course, institutions do not have to provide unlimited aids. They simply have to provide “necessary” aids.

In a matter of first impression, the Eighth Circuit concluded that a necessary aid is an accommodation sufficient to allow “meaningful access” to the benefit that the guarantee offers. In this case, that would be an aid sufficient to allow Argenyi meaningful access to gain the same benefit from classes and clinics as his nondisabled peers.

The lower court, in granting summary judgment, misinterpreted a SCOTUS golfer case where the professional golfer suffered from a degenerative disorder that necessitated the use of a golf cart. SCOTUS ruled against the golfer, citing competitive advantages.

Related Resources:

  • Michael S. Argenyi v. Creighton University (Eighth Circuit Court of Appeals)
  • Special Needs Students Must Settle For Good, Not Great Education (FindLaw’s Eighth Circuit Blog)
  • When Must Cops Provide Interpreters for Deaf Arrestees? (FindLaw’s Eighth Circuit Blog)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules