From the Editor: Readers of this magazine are familiar with the struggles that blind people sometimes experience when seeking to perform our civic duty as jurors, and recently we had the opportunity to publish a more positive experience reported by Marilyn Green, President of the National Federation of the Blind of Illinois and member of our national board of directors. Sadly, we still have work to do in the state of New York, and the following is a press release about a lawsuit we have filed in our fight for systemic change in the Empire State:
March 25, 2025 (Brooklyn, New York): Today, Brooklyn resident Albert Elia and the National Federation of the Blind – New York filed a federal lawsuit against the New York State Unified Court System and the Kings County Commissioner of Jurors challenging their systemic discrimination against blind individuals who report for jury duty. Plaintiffs are represented by Disability Rights Advocates and Brown, Goldstein & Levy, LLP.
Mr. Elia, an attorney and graduate from Northeastern University School of Law and Harvard College, was sworn in as a grand juror in Kings County Supreme Court in fall 2024. He met all the requirements to serve as a juror. But on his first day, the Court excluded him from deliberating on cases that involved video or photo evidence, under the incorrect and harmful assumption that Mr. Elia could not interpret that evidence because he is blind, and he was ultimately dismissed altogether. The Court refused to allow Mr. Elia to use assistive technology or receive verbal descriptions of evidence, which would have allowed him to fulfill his civic duty alongside his fellow grand jurors. The lawsuit alleges that the Brooklyn courts fail to have appropriate policies and procedures in place to avoid these exclusionary practices.
“Juror service is one of the most important civic duties in a democracy, and in New York, it is a civil right,” said Victoria Pilger from Disability Rights Advocates. “Federal law requires courts to ensure no person is excluded from jury service on the basis of their disability. And New York stopped categorically excluding people with disabilities from serving on juries in 1983. Yet, decades later, New York courts continue to deny blind individuals their right to serve on a jury.”
“This unlawful exclusion not only deprived me of the honor and duty of jury service,” said Plaintiff Albert Elia, “it also deprives those facing criminal charges a grand jury composed of a fair cross-section of New Yorkers.”
“The National Federation of the Blind is committed to the full integration of blind people into all aspects of society, including performing our civic duty as jurors,” said Mark Riccobono, President of the National Federation of the Blind. “The evaluation of evidence, including so-called visual evidence, is possible with the proper accommodations required by law, and juror functions like determining the credibility and value of testimony and weighing the evidence presented by the parties do not require eyesight. Of all government entities, the courts ought to be the most aware of their legal obligations and of the right of blind people to participate in the judicial process, and blind Americans will not tolerate anything less.”