[Nfbnet-members-list] [NFB-Announce] Coalition of Disability Groups Demand A ccess to New York’s Inaccessible Absentee Voting
National Federation of the Blind via NFB-Announce
nfb-announce at nfbnet.org
Fri May 22 21:16:47 UTC 2020
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
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