Facts

Desiree R., a minor, was a high school senior at Eastside High School in Lancaster. Throughout her junior year, she had retained a 3.8 GPA and was a member of a student leadership group.

She suffers from a genetic progressive neurological disorder called Charcot-Marie-Tooth Disease (CMT), which affects the limbs, particularly her legs. Because of the disorder, it was impossible for Desiree to ascend and descend stairs, making her unable to access the second floor facilities without access to the school elevators.

The second floor of Eastside High School Classroom Building housed the school library, career center, and classrooms and the school elevators can only be operated with an elevator key. She requested for an elevator key from administrators, but her multiple requests had been denied by the school. The school denied her requests based on their fear that it would lead to mischief. Instead, Desiree was granted a Mobility Liaison to open the elevator. The liaison was frequently late, absent, or without an elevator key.

Desiree filed suit against the school on June 25, 2010, alleging violations of the Americans with Disabilities Act Section 504, and the California Unruh Act. She sought an order requiring the school to provide her with an elevator key.

Result

In October 2010, the court ruled in favor of Desiree. The court determined that the school "failed to prove that the reasonable accommodation of an elevator key constitutes a fundamental modification of its programs and standards, and that Desiree was excluded from school activities on the basis of her disability." The Court further ruled that "[her] request for a key was solely to provide her the same rights and privileges as her non-disabled peers and that the balance of hardships tipped sharply in favor of [Desiree]."