[NFB-New-Hampshire] Coalition of Disability Groups Demand Access to New York’s Inaccessible Absentee Voting

Fri May 22 21:00:23 UTC 2020

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FOR IMMEDIATE RELEASE 

CONTACTS 

Disability Rights New York: Katrin Haldeman, katrin.haldeman at drny.org,
518-512-4929 

American Council of the Blind: Clark Rachfal, crachfal at acb.org,
202-467-5081 

Center for Independence of the Disabled, New York: Jeff Peters,
jpeters at cidny.org, 646-442-4154 

Disability Rights Advocates: Christina Brandt-Young,
cbrandt-young at dralegal.org, 212-644-8644 

National Federation of the Blind: Chris Danielsen, cdanielsen at nfb.org,
410-262-1281 

COALITION OF DISABILITY GROUPS DEMAND ACCESS TO NEW YORK’S INACCESSIBLE
ABSENTEE VOTING 

_Lawsuit Filed Today in Federal Court - __Full Complaint _ [2] 

MAY 22, 2020 - NEW YORK, NY - Today, a coalition of disability
organizations filed a lawsuit against the New York State Board of Elections
("NYS BOE") for excluding New Yorkers with disabilities as their Absentee
Voting program expanded in response to COVID-19. The lawsuit charges the
state agency with discrimination against voters who are unable to
independently and privately mark a paper ballot due to print disabilities,
including blindness and low vision, or physical disabilities such as
paralysis, dystonia, and tremors. All New Yorkers deserve to vote safely
and independently, especially during the COVID-19 crisis. 

The lawsuit and preliminary injunction were filed by a coalition of groups
including, Disability Rights New York, the American Council of the
Blind--New York, Inc., Center for Independence of the Disabled, New York,
National Federation of the Blind of New York State, Inc., and several New
York voters with disabilities, including Rasheta Bunting, Karen Gourgey,
Keith Gurgui, and Jose Hernandez. The National Federation of the Blind of
New York is represented by Eve L. Hill Brown Goldstein & Levy LLP. The
American Council of the Blind--New York, Inc. and Center for Independence
of the Disabled, New York are represented by Disability Rights Advocates, a
national nonprofit legal center. 

New York's Governor Cuomo responded to the threat of COVID-19 on voters by
expanding the Absentee Voting program to allow all voters in New York State
to request an absentee ballot for the June 2020 Primary Election. This
program requires voters to fill out a paper ballot and return the ballot by
mail, providing no alternatives to accommodate individuals with
disabilities who are unable to independently and privately read and mark a
paper ballot from home. New York's absentee voting program forces
individuals with disabilities to choose between their health and their
right to vote privately and independently from home. 

The plaintiff organizations have repeatedly informed the New York State
Board of Elections about the inaccessibility of paper ballots, to no avail.
New York offers military and overseas 

voters the option to receive an email ballot. Voters with disabilities
could easily mark such a ballot electronically, increasing their privacy
and independence in time for the June 2020 elections, but the Board of
Elections has refused to offer this option to voters with disabilities. 

New York's Absentee Voting program can be made accessible, as Maryland, New
Mexico, Colorado, Oregon, Ohio, and West Virginia have done. Defendants are
aware of the need for accessibility and the availability of accessible
solutions, including a free offering from the state of Maryland, and have
refused to implement reasonable modifications to the program. 

_"Lack of accessibility in voting has existed for decades. The time to fix
it has long passed. This is just one more example of our clients, friends
and family members being systematically disenfranchised from another
fundamental part of life." SAID TIMOTHY A. CLUNE, EXECUTIVE DIRECTOR OF
DRNY _ 

_"Voting is more important than ever for people with disabilities," SAID
SUSAN DOOHA, CIDNY’S EXECUTIVE DIRECTOR. "New York State needs to step up
to the plate to offer a tried and true solution to inaccessible paper
ballots. We are about to celebrate the 30th Anniversary of the Americans
with Disabilities Act. What better way to celebrate than to enfranchise
hundreds of thousands of New Yorkers with disabilities?" _ 

_"The New York State Board of Elections has a history of using outdated
technology to discriminate against voters with disabilities, and it has to
stop; pencil and paper aren't good enough anymore." SAID CHRISTINA
BRANDT-YOUNG, MANAGING ATTORNEY FOR DISABILITY RIGHTS ADVOCATES _ 

_"Just as all other New York residents have the right to vote via absentee
ballot, the state must provide an accessible voting method that blind
residents may use remotely," STATES DAN SPOONE, PRESIDENT OF THE ACB,
HEADQUARTERED IN ALEXANDRIA, VA. "No voter in the United States, whether
blind, or otherwise, should be compelled to reveal their vote when
technology exists to enable them to complete all aspects of the voting
process privately and independently." _ 

_"The National Federation of the Blind has fought successfully for blind
and deafblind voters for decades - including for accessible absentee voting
in Maryland- and this advocacy is more urgent during this pandemic," SAID
MIKE ROBINSON, PRESIDENT OF THE NATIONAL FEDERATION OF THE BLIND OF NEW
YORK. "The nation's blind will not tolerate being treated as second-class
citizens here or anywhere else." _ 

This lawsuit was filed in the Southern District of New York under Title II
of the Americans with Disabilities Act and Section 504 of the
Rehabilitation Act of 1973. Rather than monetary damages, plaintiffs seek
reform to the systems and practices that discriminate against voters with
disabilities in time for the June 2020 elections. 

### 

ABOUT AMERICAN COUNCIL OF THE BLIND (ACB): The American Council of the
Blind is a national grassroots consumer organization representing Americans
who are blind and visually impaired. With 70 affiliates, ACB strives to
increase the independence, security, equality of opportunity, and to
improve quality of life for all blind and visually impaired people. Learn
more by visiting www.acb.org [3]. 

ABOUT CENTER FOR INDEPENDENCE OF THE DISABLED, NY (CIDNY): The Center for
Independence of the Disabled, NY's goal is to ensure full integration,
independence, and equal opportunity for all people with disabilities by
removing barriers to the social, economic, cultural, and civic life of the
community. Learn more about our work at www.cidny.org [4]. 

ABOUT DISABILITY RIGHTS ADVOCATES (DRA): Disability Rights Advocates is a
leading national nonprofit disability rights legal center. Its mission is
to advance equal rights and opportunity for people with all types of
disabilities nationwide. DRA has a long history of enforcing the rights of
voters with disabilities, including their rights to accessible voting
machines, polling places, and online voter registration. Visit
www.dralegal.org [5]. 

ABOUT DISABILITY RIGHTS NEW YORK (DRNY): DRNY is the designated independent
non-profit Protection & Advocacy System empowered by Congress to
investigate allegations of abuse and neglect and provide legal and
non-legal advocacy services to people with disabilities in New York State.
The Protection & Advocacy System was created by Congress as a direct result
of the horrific conditions that were uncovered in the 1970's at New York's
Willowbrook State School. DRNY is supported at tax payer expense by the
U.S. Department of Health & Human Services, The Administration for
Community Living; Center for Mental Health Services, Substance Abuse &
Mental Health Services Administration; U.S. Department of Education,
Rehabilitation Services Administration; and, the Social Security
Administration. This press release does not represent the views, positions
or policies of, or the endorsements by, any of these federal agencies.
Visit www.drny.org [6]. 

ABOUT NATIONAL FEDERATION OF THE BLIND (NFB): The National Federation of
the Blind, headquartered in Baltimore, is the oldest and largest nationwide
organization of blind Americans. Founded in 1940, the NFB consists of
affiliates, chapters, and divisions in the fifty states, Washington DC, and
Puerto Rico. The NFB defends the rights of blind people of all ages and
provides information and support to families with blind children, older
Americans who are losing vision, and more. We believe in the hopes and
dreams of blind people and work together to transform them into reality.
Learn more about our many programs and initiatives at www.nfb.org [7]. 

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 		 National Federation of the Blind | 200 E Wells Street | Baltimore, MD
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