A federal district court denied the University of California’s request to dismiss the Alexander Stern v. Regents of the University of California case this Tuesday after the Regents failed to comply with proper legal procedure.
The Regents neglected Local Rule 7-3, which requires that they meet with Stern at least five days prior to filing a motion for dismissal in order for the judge to be able to consider the request. Stern, a fourth-year global studies major, filed the lawsuit last October after the Regents neglected to change a UCSB Disabled Students Program policy allegedly barring disabled students from applying for certain jobs.
According to Judge Philip S. Gutierrez’s court order, the Board left Stern inadequate time to accept a meeting arrangement.
“In the case of the Regents, sending an email at 5:29 p.m. on the last possible day to meet and confer does not satisfy the requirement that the meet and confer shall occur on that day and that the substance of the motion be thoroughly discussed,” the order said.
The Regents initially countered Stern’s suit by asking the court to strike down Title II of the Americans with Disabilities Act, which explicitly prohibits public entities from refusing to hire someone based on his or her disabilities. After the court refused this request, the board filed a motion asking the court to dismiss the lawsuit.
Stern said the judge’s decision bodes well for the remainder of the proceedings.
“The University of California wasted taxpayer money on writing about 50 pages describing the disabled as second-class citizens,” Stern said in an email. “However, the judge categorically rejected their prejudiced arguments. I am proud of our justice system and hope that the University will realize that discrimination is wrong.”