Barnes v. Converse College, 436 F. Supp 635 (4^th Cir. (SC) 1977)

The court found that the defendant college was required to provide an interpreter for plaintiff’s continuing education classes.  Plaintiff, a deaf elementary school teacher, filed a complaint for preliminary and permanent injunctive relief alleging violation of Section 504 because of defendant's failure to provide a sign language interpreter.  Plaintiff was required to receive continuing education credits or she would lose her permit and be unable to continue her present employment as a teacher.  The court granted plaintiff’s motion for preliminary relief holding that plaintiff was "otherwise qualified"; defendant is a recipient of federal funds; plaintiff demonstrated a probable right to the requested accommodation and refusal to grant plaintiff relief would cause her immediate and irreparable injury in the loss of employment.  Citing the “relatively minor financial damage” of interpreter costs estimated to be less than $1,000, the court nevertheless was sympathetic to the defendant’s concern for future expenses in accommodating deaf students, stating that there were “obvious inequities inherent in the enforcement of this regulation with respect to private institutions.”