Brown Goldstein & Levy partner Eve Hill and Disability Rights Advocates (DRA) filed a federal lawsuit on March 25 against the New York State Unified Court System and the Kings County Commissioner of Jurors on behalf of Albert Elia and the National Federation of the Blind of New York State for systemic discrimination against blind individuals who report for jury duty.
“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 DRA. “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.”
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. Although Elia met all the requirements to serve as a juror, the Court excluded him from deliberating on cases that involved video or photo evidence, under the incorrect and harmful assumption that he could not interpret that evidence because he is blind, and he was ultimately dismissed from the case altogether.
“This unlawful exclusion not only deprived me of the honor and duty of jury service,” said Elia, “it also deprives those facing criminal charges a grand jury composed of a fair cross-section of New Yorkers.”
The Court refused to allow 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 Brooklyn courts fail to have appropriate policies and procedures in place to avoid these exclusionary practices.
“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.”
Eve Hill and the DRA are seeking an order to ensure that the New York Courts and the Kings County Commissioner of Jurors take all necessary steps to ensure blind individuals have equal access to jury service.
About Eve Hill
Eve Hill is one of the nation’s leading civil rights lawyers, known especially for her work with clients with disabilities and LGBTQ+ clients. She has been recognized by Law360 as one of just 12 “Titans of the Plaintiffs’ Bar” for 2023, as well as by Lawdragon as one of the 500 Leading Lawyers in America (2022, 2023, and 2024). Her wide-ranging experience complements Brown, Goldstein & Levy’s decades of dedication to high-impact disability rights cases and its advocacy on behalf of individuals with disabilities and their families. Eve also leads Inclusivity, BGL’s Strategic Consulting Group, which works with organizations to promote the education, engagement, and employment of people with disabilities. Learn more about Eve here.
About Brown Goldstein & Levy, LLP
Founded in 1982, Brown Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, DC. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.
PLEASE FIND MEDIA COVERAGE BELOW
Lawsuit charges that NYS courts discriminate against blind jurors in the grand jury system | Brooklyn Daily Eagle (March 27, 2025)
NY Courts Sued for Alleged Discrimination Against Blind Jurors | Bloomberg Law (March 25, 2025)