Disabled in Action, et al. v. Bd. of Elections in the City of New York, et al., No. 12-4412 (2d Cir. 2014)Annotate this Case
Plaintiffs filed suit alleging that BOE is failing to provide them with meaningful access to its voting program, in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794(a), and Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12132. The district court concluded that pervasive and recurring barriers existed at poll sites operated by BOE and granted plaintiffs' motion for summary judgment. The district court later ordered a remedial plan after the parties had the opportunity to develop and propose a joint plan of relief. The court concluded that the district court correctly held that BOE failed to grant voters with disabilities meaningful access to its voting program. The court also found that the district court's remedial order was a proper exercise of the district court's authority to grant equitable relief. Accordingly, the court affirmed the judgment of the district court.