Disabled in Action v. Bd. of Elections in the City of New York, et
2014 U.S. App. LEXIS 8959
2d Cir.2014Background
- BOE designates NYC polling sites, many owned by private/other agencies; 30% of sites are inaccessible pre-election.
- Surveys (CIDNY) from 2008–2011 show 80%+ of poll sites have at least one barrier to access.
- Evidence includes inaccessible ramps, signage gaps, locked doors, and malfunctioning assistive devices (e.g., BMD).
- Plaintiffs filed suit alleging violations of §504 and Title II; district court granted summary judgment for plaintiffs and ordered a remedial plan.
- Remedial order requires on-site ADA coordinators, AD monitors, a Third Party Expert, and ongoing oversight through 2016; BOE appeals."
- Court affirms district court, holding BOE violated §504 and Title II and remand plan proper under equity standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOE violated §504 and Title II by denying meaningful access | Plaintiffs show systemic barriers impede private-ballot voting | BOE contends accommodations exist; barriers are not systemic or insurmountable | Yes, BOE denied meaningful access |
| Whether the remedial order is a proper equitable remedy | Remedial plan tailored to fix systemic barriers and ensure ongoing accessibility | Plan exceeds BOE’s capabilities and exceeds statutory requirements | Remedial order proper and affirming district court's injunctive relief |
Key Cases Cited
- Alexander v. Choate, 469 U.S. 287 (U.S. Supreme Court 1985) (meaningful access and reasonable modifications framework; identical standards in ADA and Rehab Act)
- Henrietta D. v. Bloomberg, 331 F.3d 261 (2d Cir. 2003) (meaningful access requires effective access to services; not merely token access)
- Lane v. Tennessee, 541 U.S. 509 (U.S. Supreme Court 2004) (reasonable modifications and multiple avenues to compliance; priority for integrated settings)
- Olmstead v. L.C., 527 U.S. 581 (U.S. Supreme Court 1999) (integration and reasonable modifications in public programs)
- Jenkins v. United States, 495 U.S. 33 (U.S. Supreme Court 1990) (equitable remedies must respect local government integrity and capacity)
- Yonkers Bd. of Educ. v. Division of Education, 837 F.2d 1181 (2d Cir. 1987) (tailor remedies to nature and extent of violations; federalism concerns)
- Fre w v. Hawkins, 540 U.S. 431 (U.S. Supreme Court 2004) (limits and considerations for equitable relief in public remedies)
- Dean v. Coughlin, 804 F.2d 207 (2d Cir. 1986) (federal courts exercise restraint and defer to local institutions in remedial plans)