U.S. Court of Appeals for the Second Circuit
Americans With Disabilities Act
Polling Locations — Accessibility
Disabled in Action, et al. v. Bd. of Elections in the City of New York, et al.
Judges Cabranes, Hall and Chin
Background: The defendants appealed from an order directing them to comply with a comprehensive remedial plan to address barriers to access for people with disabilities at New York City polling sites.
Ruling: The Second Circuit affirmed. The court held that the pervasive and recurring barriers to access exist at poll sites operated by the defendant. Essentially, the defendant designated inaccessible poll sites and failed to assure their accessibility through temporary equipment, procedures and policies on election days. The plaintiffs submitted survey data demonstrating that 80 percent of the polling sites inspected contained at least one barrier that would prevent a person with a disability from accessing his polling place.
Stuart Seaborn of Disability Rights Advocates for the plaintiffs-appellees; Drake A. Colley, corporation counsel, for the defendants-appellants