[blindlaw] Access to PACER

Tue May 30 09:39:16 CDT 2006

My view is much like Elizabeth's on this issue.  The closest analogy that comes to my mind is the free directory assistance DA blind people use to get.  People often assume that a law required free directory assistance.  So far as I am aware though, this is not true.  The baby bells were providing that far before the ADA was even in play.  It probably did not take much calculation to say, give them the calls for free rather than make very expensive Braille phone books.  Not only that, but many of us would have a pretty tough time really making good use out of a Braille phone book.  Finally, it is unlikely that a blind person would have a reader at the time that she wanted to look up a particular number in the printed book provided.  Today, with deregulation, phone companies seem to be doing whatever they can to deny free directory assistance, and lots of blind people are not happy about it.  If they provided free DA because of a law, there would be something upon which to hang the hat.

As for Pacer, I am left with a choice.  I can hire a reader, that is what blind lawyers always did before and go to the library.  As the original author suggests, I may be able to get assistance of the law library to pull documents, though that might be questionable.  If I do not want to do either of those, I can look the material up on Pacer and pay the fee.  This fee is attributed to anyone who uses that service to find cases so it is not discriminatory in my view.  Many would probably find it cheaper and more convenient to pay the fee to Pacer than to take a reader to the library, a person who would be paid by most lawyers because we need the information and volunteer readers just would not work.
Jim McCarthy

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]On
Behalf Of Elizabeth Akinola
Sent: Tuesday, May 30, 2006 8:46 AM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Access to PACER

My take is that if everyone who uses PACER has to pay a fee to use the site, 
blind users should not be granted a waiver unless they have to do something 
extra to have the same kind of access that everyone  else has to the 
information on the site.

If you are a blind attorney  needing to do legal research, you should have 
been trained in law  school to use Lexis  and/or Westlaw.  Lay people use 
findlaw all the time--or even google; you just need to type in a couple  of 
phrases on the subject of your  research and something is bound to come up!

If you can't do findlaw or google, maybe visit the  law library or the 
courthouse and ask for assistance  from the reference librarian or court 
clerk.
----- Original Message ----- 
From: "Zuhair Mahd" <zuhairmahd at accesstojobs.com>
To: <blindlaw at nfbnet.org>
Sent: Friday, May 26, 2006 6:44 PM
Subject: [blindlaw] Access to PACER

>
>
> Hi,
>
>
>
> I am filing a law suit against the federal government pro se, and am
> therefore involved in a lot of legal research.  You can read more about it
> here <http://cbs4denver.com/topstories/local_story_118094508.html> , and 
> you
> can watch the video here
> <http://www.accesstojobs.com/blog/video/news4lb.wmv>  if you like.
>
>
>
> I am sure you're aware of PACER
> <http://pacer.psc.uscourts.gov/cmecf/dc/civil/response/01_welcome.html> ,
> the federal government's web site allowing access to cases in federal
> courts.  Pacer charges $0.08 for each document you search for, whether you
> actually download it or not.
>
>
>
> As you are no doubt aware, a sighted person can view court records in 
> paper
> format in law libraries and at the court house.  This is not practical for 
> a
> blind person, since he/she has to hire a reader, and thus be subject to 
> the
> time and efficiency restrictions associated with that.  Also, the 
> government
> is obligated through the ADA to provide equal access to documents 
> regardless
> of a disability.  Therefore my questions are as follows:
>
>
>
> 1. Can a blind/visually impaired person apply for a waver of PACER
> fees, since that would be the only way he/she would access that 
> information?
>
>
>
> 2. Has that ever been a subject of discussion amongst blind lawyers,
> those who are on their own or belonging to advocacy organizations?
>
>
>
> Are there any accessible free alternatives to PACER?
>
>
>
> 3. Is there such thing as an efficient research methodology for a blind
> person which takes advantage of electronic resources, and is this as
> effective as conventional legal research methods?
>
>
>
> Thanks and all the best.
>
>
>
>
>
> ------------------------------
>
>
>
> <skype:zuhairmahd?call> My status
> Get Skype <http://www.skype.com/go/download>  and call me for free.
>
>
>
>
> Zuhair T. Mahd
>
>
>
> Z.M Consulting
>
>
> Tel: +1-720-240-4803
>
> Fax: +1-928-493-5762
>
>
> zuhair at accesstojobs.com
>
> http://www.accesstojobs.com <http://www.accesstojobs.com/>
>
>
>
>

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