A federal judge has allowed a lawsuit alleging New York courts shut blind people out of grand jury work to move forward on its main disability-rights claims.
On Sept. 14, Judge Ramón E. Reyes Jr. of the Eastern District of New York largely denied a bid to throw out the March 2025 case filed by Brooklyn resident Albert Elia and the National Federation of the Blind of New York against the state Unified Court System and the Kings County commissioner of jurors. Reyes dismissed NFBNY and the commissioner as parties and dropped some state-law counts. He held that Elia had adequately alleged violations of the Americans with Disabilities Act and the Rehabilitation Act. Those claims seeking equal access to jury service remain.
Elia, an attorney and graduate of Harvard College and Northeastern University School of Law, was sworn as a Kings County grand juror in fall 2024. The complaint says he met every service requirement. On the first day, the court kept him off cases with video or photo evidence on the view that he could not interpret it because he is blind, then dismissed him. It refused assistive technology or verbal descriptions of the evidence, the suit says, and Brooklyn courts lack policies to stop that pattern.
Reyes wrote that “Elia’s exclusion from the grand jury stemmed directly from the failure of the court system to provide reasonable accommodations to ensure Elia had the opportunity to participate in the grand jury.” He pointed to “[t]he current lack of a reasonable accommodations procedure for blind individuals” and said “a reasonable ADA accommodation would plausibly facilitat[e] equal access to jury service.”
“I am gratified that the court recognized several ways I and other blind jurors could be accommodated,” said plaintiff Albert Elia. “I hope the defendant takes note and stops arguing that the blind check their rights at the door when they enter the courthouse.”
“It is imperative that New York courts comply with Federal Law to provide reasonable accommodations to blind jurors that allow them to do their civic duty,” said Erin Gallagher, a Senior Staff Attorney at Disability Rights Advocates. “We are pleased that Judge Reyes recognized the importance of Mr. Elia’s claim that there is a systemic lack of reasonable accommodations procedures in Kings County courts.”
“This ruling affirms that blind people must have the opportunity and reasonable accommodations to participate fully in all aspects of civic life, including one of the most important responsibilities in our democracy: jury service,” said Mark Riccobono, President of the National Federation of the Blind. “For decades, the National Federation of the Blind has fought to ensure that blind Americans are not denied the right to serve based on misconceptions about blindness, and we will continue working toward equal access in New York’s courts and across the nation.”
“Judge Reyes’ decision is a small victory for the principles of democracy and equal participation,” said Michelle Fraling, associate attorney at Brown, Goldstein & Levy LLP. “We look forward to ensuring that blind jurors receive the accommodations they need to participate in the democratic process.”
Elia is represented by Disability Rights Advocates and Brown, Goldstein & Levy. The case is not a final finding of discrimination. It is a ruling that the federal claims are plausible enough to be litigated. The remaining fight is whether the court system must build a standing process so blind jurors can serve instead of being sent home.