| Richard H. Bernstein | |
|---|---|
| Born | Richard Howard Bernstein November 9, 1974 Detroit, Michigan |
| Nationality | American |
| Education | University of Michigan Northwestern University School of Law |
| Occupation | Lawyer Lecturer |
| Website | |
| The Bernstein Law Firm | |
Richard H. Bernstein (born November 9, 1974) is an American lawyer, practicing at The Law Offices of Sam Bernstein. He also is an adjunct professor at the University of Michigan[1][2][3] and served on the Wayne State University Board of Governors for one eight-year term, including two years as vice chair and two more as chair, until deciding not to seek re-election in 2010 for a second term beginning in 2011.[4] Bernstein has been classified as legally blind[5] since birth, as a result of retinitis pigmentosa.[6]
Bernstein attended Andover High School in the Bloomfield Hills School District of Bloomfield Hills, Michigan.[7] In 1996, he received his Bachelor of Arts summa cum laude from the University of Michigan, where he was Phi Beta Kappa, Phi Kappa Phi and student body president of the College of Literature, Science and Arts.[8]
For the ability to enter Northwestern University School of Law, Bernstein fought the Law School Admissions Council against the "visual bias" of the Law School Admission Test (LSAT), claiming the test discriminates against the blind because of its requirements for interpreting visual material.[8] He argued the test was no barometer of success in law school. Four universities agreed: Northwestern University, the University of Virginia, the University of Wisconsin and Vanderbilt University.[6] At the time he was admitted, he was the only blind person in the law school.[6]
To complete his studies, Bernstein would memorize lectures and have notes read to him to memorize.[6] For tests, he memorized test questions and entire fact patterns (the basis for the questions), some of which would be as long as 5 pages.[6] The fact patterns would be repeatedly read to him until he committed the entire question to memory and could then provide an answer.[6] He reportedly worked seven days a week for 13 hours each day.[6]
He received his juris doctorate degree from Northwestern University School of Law in 1999.[1]
Bernstein joined the Law Offices of Sam Bernstein after graduating from Northwestern University School of Law. He is licensed to practice law in the states of Michigan and New York.[9]
Much of Bernstein's legal work has focused on protecting the rights of people with disabilities, which is done pro bono.[10] He successfully represented disabled Detroit residents in 2004 in an action against the City of Detroit to fix wheelchair lifts on buses as required by federal legislation.[11] He also represented the Paralyzed Veterans of America in 2007 in an action against the University of Michigan for failing to include adequate accommodations for spectators with disabilities when planning renovations for the stadium.[12] The suit resulted in increased seating for people with disabilities and their companions and enhanced accessible parking, restrooms and concessions. Also in 2007, Bernstein filed a lawsuit on behalf of people with disabilities, asserting that Oakland County, Michigan violated the Americans with Disabilities Act of 1990 because its road construction plans did not include mechanisms for people with visual impairments, people in wheelchairs and others with disabilities to safely cross the street at roundabouts. The County eventually agreed to install special safety equipment so that pedestrians, with or without disabilities, can activate traffic signals to stop traffic and get visual and audio confirmation that vehicles actually stopped, before crossing roundabout intersections.[13]
Suit filed against the City of Detroit on behalf of five disabled Detroit residents, claiming that half of the city’s buses lacked working wheelchair lifts as required by Federal Law.[1] The plaintiffs stated that they were forced to wait in inclement weather for long periods as a result of this violation.[1] Amidst a very public battle in the local media where then-Mayor Kwame Kilpatrick "publicly disparaged Bernstein on radio,"[15] the U.S. Department of Justice later intervened in the case, forcing the city and Kilpatrick to settle the Federal lawsuit.[14][16] The agreement, ordered by the US Department of Justice on November 4, 2005,[17] required the city to test the wheelchair lifts of its buses daily, improve the training of its drivers and mechanics and subject its buses to surprise evaluations regularly to ensure disabled patrons have access to public transportation.[14] The City of Detroit Department of Transportation is under the supervision of the United States Department of Justice.[18]
Suit filed on behalf of the Michigan Paralyzed Veterans of America against University of Michigan – Michigan Stadium claiming that Michigan Stadium violated the Americans with Disabilities Act in its $226-million renovation by failing to add enough seats for disabled fans or accommodate the needs for disabled restrooms, concessions and parking. The U.S. Department of Justice assisted in the suit, which was settled in March 2008.[20] The consent decree, signed by U.S. District Court Judge Sean Cox[17] required the stadium to add 329 wheelchair seats throughout the stadium by 2010, and an additional 135 accessible seats in clubhouses to go along with the existing 88 wheelchair seats.[21][22] The school also enhanced the wheelchair accessibility of parking, access routes, restrooms, concessions and other amenities, and for disabled journalists, even the player locker rooms and coaches' offices.[23][3] After the expansion was completed, the stadium accommodates 109,901, allowing the stadium to retain its designation as the largest in the USA.,[24]
Suit filed on behalf of three disabled Oakland County, Michigan residents in federal court. The suit claimed that the plan by the Road Commission for Oakland County (RCOC) to install roundabouts at three different West Bloomfield, Michigan intersections did not comply with the Americans with Disabilities Act of 1990 and prevented disabled pedestrians from being able to move freely throughout the area.[25] The suit claimed that roundabouts are unsafe for blind and disabled pedestrians.[26] The case came to a national precedent-setting agreement between the RCOC and Bernstein in March 2008 for the installation of roundabout safety equipment at each location at each entry point of the roundabout.[26][27] If the safety equipment fails, the community may face a federal mandate to tear out the roundabout.[28] A 43-page outline, issued by U.S. District Judge Victoria A. Roberts on March 27, 2009, detailed the timeline for research and installation of automated pedestrian safety equipment.[29] The RCOC finished installing a High Intensity Activated Crosswalk (HAWK) system August 19, 2009, which cost $600,000.[30] At a second roundabout in the suit, a Rectangular Rapid Flashing Beacon (RRFB) was installed October 8, 2010.[31] The cost to set up the system was $70,000.[31] The RCOC said the flashing beacons will stay up for at least one year, while studies are conducted by Western Michigan University and North Carolina State University to determine whether the two systems impact pedestrian safety, particularly for disabled people.[31] If the results are successful, the systems could be installed at other roundabouts.[32]
In February 2009, in Green Bay, Wisconsin, the Green Bay City Council decided, against public opposition, to install six roundabouts on Military Avenue.[33] Attorney Richard Bernstein spoke at the Council's February 16, 2009 meeting in opposition of the roundabout installations.[28] In an interview with Green Bay television station WBAY-TV, Richard Bernstein stated that if the roundabouts are approved as-is on Military Avenue, he is prepared to explore taking the issue to federal court.[34] In March 2009, due to public outcry and the proposed law suit, the Council cancelled installation of the six proposed roundabouts, instead opting for installation of traffic signals.[35]
Suit filed against Northwest Airlines (NWA) and Wayne County Airport Authority on behalf of five disabled passengers, claiming that NWA and the Airport Authority violated the Americans with Disabilities Act of 1990, the Carrier Act and the Rehabilitation Act.[36] The suit alleged that Detroit Metro Airport and NWA have dropped passengers to the floor, denied them accessible parking, damaged wheelchairs and failed to provide an area for guide dogs to relieve themselves.[37] Further, the suit alleged that Detroit Metro Airport could be in violation of federal laws developed to improve access for the physically disabled.[38]
On September 3, 2008, U.S. District Court Judge George Caram Steeh III ruled that the ADA applies to air carriers. According to expert Gary Talbot of Boston, formerly of the U.S. Access Board, the ruling means floor slopes, boarding platforms, counter heights, bathrooms, how wheelchairs are handled and anything pertaining to Metro Airport must comply with ADA architectural guidelines.[17] Talbot submitted a 100-page audit to the U.S. District Court in December 2008. According to an interview of Talbot in The Detroit News, the decisions of the judge in this case could drive change across the country with regard to ADA compliance and structural changes required to achieve compliance.[38]
Announced on September 27, 2011, an order in U.S. District Court in Detroit resolved approximately 60 disputed items within the lawsuit had reached settlement.[39] The order was signed by Judge Steeh, Atlanta-based Delta Airlines (which became part of the suit when it purchased Northwest Airlines during the time of the lawsuit)[39] and the Airport Authority to make significant modifications to bring them into compliance with the Americans with Disabilities Act laws,[40] and in some cases, the airline and airport authority already have (as of September 30, 2011).[41] The order covers changes to Detroit Metro Airport's McNamara Terminal, North Terminal, parking garages, the Westin Hotel and airport shuttle buses to better accommodate disabled passengers.[42] The court also ruled that the airlines and airport authority violated the Americans with Disabilities Act by not providing an accessible path from an elevator discharge area to a pedestrian bridge at the airport in Romulus, southwest of Detroit.[39]
Major upgrades include installing new curb ramps, accessible restroom stalls and cane detectors throughout the airport, as well as altering the slope of some ramps.[40] Minor modifications include: signage changes, removal of confusing elevator switch plates and the provision of staffers to help disabled flyers at airline kiosks or crossing jet bridges.[40]
The lawsuit was dismissed as part of the agreement for upgrades, and the airport and airline did not admit to wrongdoing or liability, as part of the agreement.[40] The airline and airport authority have three years to comply with the modifications.[41] Under the agreement, significant changes can be completed after the three years has elapsed and the timeline is open to negotiation.[40]
Suit filed against the American Bar Association (ABA) on behalf of legally blind school applicant Angelo Binno, a resident of West Bloomfield, Michigan[44] in the United States District Court for the Eastern District of Michigan Southern Division.[45] The complaint alleges that by pushing law schools to use the Law School Admission Test (LSAT) in its accreditation rules, the ABA imposes an inequitable test requiring "spatial reasoning and the ability to diagram” that discriminates against blind and visually impaired students.[44] The suit alleges that the ABA is thereby failing to comply with the Americans with Disabilities Act of 1990.[43]
The suit seeks injunctive and declaratory relief as well as a waiver from the Law School Admission Test (LSAT) for Binno due to his visual impairment[43] caused by retinitis pigmentosa.[46] According to news reports, Binno is not seeking financial damages.[47]
Binno claims he has been denied entry to law school five times because of low LSAT scores, due to his inability to diagram for the logic game section[43][47][48] and to be granted a waiver from taking the LSAT,[49] administered by the Law School Admission Council (LSAC).[50] The LSAC administers more than 100,000 LSATs annually.[46]
Questions that require diagramming to answer successfully make up one-fourth of the exam,[51] consisting of 23 “logic game” questions in the three-part test.[45] High LSAT scores improve an applicant’s chances of getting into a prestigious law school.[47]
Binno graduated West Bloomfield High School in three years instead of the traditional four, earned a bachelor’s degree in political science[43] from Wayne State University and was awarded high-level security clearance to access the National Crime Information Center database[47] with the U.S. Department of Homeland Security,[45][48] where Binno worked for two years.[47] Binno also speaks three languages.[48]
The suit also alleges that law schools are pressured by the ABA to administer the LSAT because if they waive the exam for visually impaired applicants they risk losing their status as an ABA-approved school.[51] According to the suit, schools could face sanctions, be put on probation or lose accreditation completely if they fail to comply by providing the LSAT.[46]
According to the ABA, law schools must require applicants to take a “valid and reliable admissions test”[51] but it has never required use of the LSAT.[43] It claims that schools can use a test other than the LSAT if the school can establish that it is a “valid and reliable” test of an applicant’s “ability to satisfactorily complete the school’s education program.”[51] Statistical studies have shown little, if any, correlation between high LSAT scores and academic success in law school.[47]
The ABA also says it does not establish the weight a law school must give to LSAT test scores in its admissions requirements.[43] However, Wayne State University Professor David Moss on June 15, 2011 on National Public Radio (NPR) said that some schools do accept students with low LSAT scores, but the LSAC directs schools not to give tests taken with special accommodations the same weight as regular LSAT test scores.[52] Schools that accept low LSAT scores may damage their rankings in the annual U.S. News and World Report.[52]
In a statement, the ABA said it “believes the LSAT does not unlawfully discriminate against persons with disabilities.”[43] The ABA told NPR it requires universities it accredits to conform to federal law and that accommodations be made for people with disabilities.[52]
The LSAC has been sued twice by the Department of Justice, once in 2002 and once in 2011, for failing to provide “reasonable accommodations” for disabled students and for having an “inaccessible website,” respectively.[47] In the 2002 case, the LSAC did not grant extra time to four students with cerebral palsy, which is required by the Americans with Disabilities Act of 1990.[47]
On August 15, 2011, the ABA filed a motion to dismiss because the organization says it is not responsible for the administration of the LSAT.[50] As of September 2011, the case is still pending.
In June 2010, Bernstein visited Israel[53] through OneFamily Fund in Jerusalem to meet with survivors of terrorist attacks in Sderot.[54] OneFamily Fund is an organization working to raise awareness for the effects of terrorism on the people of Israel and provides direct financial, legal and emotional assistance to terror victims.[54] Bernstein was invited to discuss his advocacy work, fighting for the rights of people with disabilities, and how victims of terror can cope with disabilities caused by the attacks they have experienced.[54]
In the fall of 2010, Bernstein was asked by the government of Ecuador in South America to participate in a speaking tour demonstrating the abilities and possible achievements of the disabled to rally support for disabled rights.[55] While in the country, he spoke to mainstream media and Ecuadorian universities, including Colegio Americano de Quito.[55]
Bernstein was elected during a Michigan state-wide election to the Wayne State University Board of Governors in November 2002 at the age of 28.[8] In February 2009, the Board unanimously voted Bernstein as its Chair; he previously served two years as Vice Chair. His term on the Board concluded at the end of 2010.[56] He is reported as the first blind person to run for statewide office in Michigan.[57]
Among Bernstein's initiatives as Chair of the Board of Governors, he led the Board in unanimously passing a resolution in September 2009 regarding the Amazon Kindle reader. The action was prompted by a federal lawsuit filed by the National Federation of the Blind,[17] based in Baltimore, in partnership with the American Council of the Blind against Arizona State University, to block the university from using the Kindle as a way to distribute electronic textbooks, stating the devices are not accessible by blind students.[58] The Board passed a resolution asking Amazon to make the Kindle user-friendly for blind students[59] and forbid the use of Kindle e-books at Wayne State University until they were made accessible to visually impaired students. After WSU's resolution, the University of Wisconsin-Madison and Syracuse University stopped the use of Kindles on campus.[17] On December 7, 2009, Amazon announced it would add audible menus and extra large fonts to make its e-book more accessible to blind and vision impaired students.[58]
Bernstein was the creator and host of the segment, "Making a Difference," which aired on CBS in Detroit. The show featured community volunteers in the Detroit metropolitan area. He also has contributed to The Detroit News and the Detroit Free Press.[60] Announced on September 13, 2011, Bernstein and Pulitzer Prize winner Angelo Henderson co-host together a one-hour legal radio show called "Fighting for Justice" on WCHB-AM (1200) in Metro Detroit.[61]
Bernstein teaches a political science course on law and social change in the political science department at the University of Michigan.[62]
He appeared on television show City Limits and was interviewed by Karen Kahen at the Beverly Hills High School Media Station.
Bernstein resides in the Detroit metropolitan area. He has two siblings, Mark Bernstein and Beth Bernstein Miller; each practices law in their family law firm.
In his spare time, Bernstein is a runner, completing 14 marathons,[63] including marathons in New York, Detroit, Jerusalem, Miami and Los Angeles.[3] At the age of 34, he completed the Ironman Triathlon in Coeur d’Alene, Idaho on June 22, 2008.[64] The Ironman includes a 112-mile (180 km) bike ride, 42.195-kilometre (26.219 mi) marathon and 2.4-mile (3.9 km) swim, without a break. Bernstein finished the marathon in 14 hours and 36 minutes.[3] In October 2009, Bernstein ran the Detroit Free Press/Flagstar Bank marathon with athletes from Wayne State University serving as his guides.[65] At the age of 37, Bernstein completed the Half Israman triathlon, a competition like the Ironman, taking place in Eilat, Israel in January 2011.[66] The Half Israman consists of a 1.9 km swim in the Red Sea,[66] a 90 km cycle and a 21.1 km run.[67] Bernstein completed the triathlon, as the competition's first blind competitor, with the assistance of a pilot of the Israeli Air Force, part of the Israel Defense Forces.[66]
In 2010, Richard Bernstein ran for the Democratic Nomination for Attorney General in the State of Michigan.[8] He ran on a platform of public advocacy and active litigation, facing primary opponent, David Leyton. The two faced off at the endorsing convention on April 17, 2010. Bernstein lost the Michigan Democratic Party endorsement to Leyton[68] in one of the closest races for the Democratic nomination in the state, with a slim margin of just 153.6 proportional votes.[69]
Bernstein has received recognition from various organizations for his work as a lawyer. He was named a 2009 Leader in the Law by Michigan Lawyers Weekly,[70] received the "Michiganian of the Year" award from The Detroit News, identified as one of Crain's Detroit Business' "40 Under 40" and selected by The Young Lawyers Section of the State Bar of Michigan as the 2003–2004 Regeana Myrick Outstanding Young Lawyer Award recipient.[71] In 2006, he won CNN's "Keeping Them Honest" award for his legal work on behalf of wheelchair users in Detroit.[72] He also was awarded the John W. Cummiskey Pro Bono Award from the State Bar of Michigan in 2008.[73]
He has earned various awards for his community involvement, including the Spirit of Detroit Award from the Detroit City Council for his work establishing the Sarcoidosis Center of Excellence, a Special Recognition Award from the Macomb Intermediate School District for advocacy on behalf students with disabilities and their parents, the Children’s Advocate Award from the National Council of Jewish Women for his advocacy work that benefited disadvantaged children, and a Volunteer of the Year from the Jewish Home and Aging Services.[57] On October 28, 2011, Bernstein received the University of Michigan 2011 James T. Neubacher Award, presented by U-M Regent Julia Donovan Darlow, for demonstrating exceptional leadership and advocacy in generating awareness and acceptance for disabled rights.[74]
For his athletic efforts, Bernstein was honored by the Michigan Governor's Council on Physical Fitness for overcoming great challenges and continuing to pursue physical activity as a daily routine.[75] In 2010, he was honored by the Michigan Sports Hall of Fame with the Tony Filippis Courage Award for his athleticism despite his disability.[76]