Guam Department of Education superintendent Dr. Kenneth Swanson is once again facing legal action, this time over a lawsuit filed on behalf of a student with a mobility disability without access to a working elevator at his school. KUAM News spoke with the attorney leading the case.

Getting to a second-floor classroom is part of the daily routine for most students without a second thought. But for one junior at Southern High School who uses a wheelchair, it’s nearly impossible - as stairs aren’t an option, and neither is a working elevator. “He hasn’t been able to go to classes that are being conducted on the second floor or be involved in student activities that go on the second floor," said Daniel Sommerfleck.

“He’s interested in anime, but the anime club meets on the second floor–so how can he participate?”

That’s why Attorney Somerfleck, the executive director of the Guam Legal Services Corporation's Disability Law Center, is taking legal action by filing a complaint in federal court against the GDOE superintendent, accusing the agency of discrimination against the Southern student and others with mobility disabilities.

The complaint also alleges violation of the Rehabilitation Act, the Americans with Disabilities Act, and local statutes mandating GDOE’s ADA compliance. 

It’s a serious step after years of inaccessibility. Somerfleck added that the student has faced these barriers since his freshman year and even earlier, at Inarajan Middle School. He explained, “He wasn’t able to access the second floor there either. So, what they did was they had a one-to-one aide assist him, and students assisted in moving his wheelchair up to the second floor. I can’t think of anything less dignified than that for a middle school kid.”

And it’s not just these two campuses. Somerfleck says elevator issues are widespread, telling KUAM News, “A lot of the school elevators, if not all school elevators, don’t work and haven’t been maintained since 2021 at least.”

Earlier this month, he brought the issue to Dr. Swanson and education officials, highlighting nine broken elevators across seven schools, a list he says hasn’t changed in years. “His listing of not working elevators, is it accurate?" asked Angel Sablan, chairman of the Guam Education Board. Swanson replied, “Yes, it is accurate.”

Swanson said funding is in place to repair the elevators at Southern, though he also pointed to a $51 million federal reimbursement still pending. But Somerfleck is still questioning why the fixes weren’t done earlier.

“Why wasn’t it done under Superintendent Fernandez, Superintendent Santos, Superintendent Won Pat, and why wasn’t it done as soon as he got on deck,” said Somerfleck.

Meantime, Somerfleck is asking the court to issue a temporary injunction.