Blind Man Says He Was Discriminated Against and Kept Off Jury Because He Couldn’t See Video Evidence

Blind Man Alleges Discrimination for Being Kept Off Jury Due to Visual Impairment

A blind man from New York has taken legal action against the state, claiming he was unfairly prevented from serving on a jury last October because of his visual impairment. Albert Elia, a 50-year-old attorney, along with the National Federation of the Blind of New York State, filed a civil rights lawsuit, alleging that a Brooklyn judge refused to allow him access to visual aids for reviewing video evidence. Elia stated that he usually has someone describe visual evidence to him or uses an app that provides descriptions of photos. However, the judge purportedly denied him these accommodations, citing the need for Elia to perceive the evidence with his own senses.

According to the lawsuit, the court did not permit Elia to use the app or assistance from another person and informed him that he could not participate on the jury as he required the ability to personally perceive the evidence. Despite this, Elia was reportedly kept at the court to potentially deliberate on a case not involving visual evidence. Following an unsuccessful attempt to find a suitable case to serve on the jury, he was eventually excused. Elia, who is a disability rights attorney with degrees from Harvard and Northeastern University, asserts that he was deprived of the opportunity to fully engage in grand jury service due to his blindness and the lack of necessary accommodations.

The legal filing accuses the New York court system of failing to provide reasonable aids or establish procedures for assistive technology for blind jurors. The lawsuit aims to address what it deems as systemic discrimination against blind individuals who are fully capable of fulfilling their civic duty as jurors. Elia’s attorney expressed that the lawsuit seeks to enhance the inclusion of people with disabilities and eliminate accessibility barriers, not only for Elia but for the broader disability community.

In response to the lawsuit, a spokesperson for the New York State Unified Court System stated that while they could not comment on the specifics of the case, there is no prohibition against blind or visually impaired individuals serving on grand juries. They added that reasonable accommodations can be arranged for such individuals depending on the circumstances. The spokesperson highlighted that federal law mandates courts to ensure that no one is excluded from jury duty based on their disability.

Victoria Pilger, a staff attorney at Disability Rights Advocates, emphasised the significance of juror service as a fundamental civic duty in a democracy and a civil right in New York. Pilger underscored that courts have a legal obligation to prevent the exclusion of individuals from jury service on the grounds of disability. Elia’s lawsuit underscores the importance of making necessary accommodations for individuals with disabilities to participate fully in civic responsibilities like serving on a jury.

Elia’s legal action aims to prompt changes in the system to promote inclusivity and remove barriers for individuals with disabilities in participating in jury duty. By advocating for adequate accommodations and policies for blind jurors, the lawsuit seeks to advance the rights of disabled individuals to engage meaningfully in civic duties. The case sheds light on the challenges faced by those with disabilities in accessing the justice system and underscores the need for greater awareness and support for their participation in all aspects of society.