for immediate release
June 18, 2024
Federal judge orders declaratory and injunctive relief in an ADA lawsuit on behalf of an Autistic and Deaf client who was illegally denied accommodations as an elected official.
ENFIELD, Connecticut – Plaintiff Sarah Hernandez obtained another victory in her lawsuit (Sarah Hernandez v. Enfield Board of Education, et al., 3:19-cv-01907 (SRU)) alleging that the Enfield Board of Education and the Town of Enfield, Connecticut, failed to provide auxiliary aids and services she needed to serve equally as an Autistic and Deaf elected member of the Enfield Board of Education. Ms. Hernandez is represented by Anthony May and Eve Hill of Brown Goldstein & Levy and Kasey Considine and Deborah Dorfman of Disability Rights Connecticut.
Ms. Hernandez—who is one of the first openly Autistic people to run for, and be elected to, public office—ran for a position on the Board because she wanted to be a voice for people with disabilities. The voters of Enfield agreed and elected her to be that voice. After Ms. Hernandez was elected to the Board in November 2017, the Board and the Town spent two years continuously denying her requests for basic accommodations, like communicating with her in writing and requiring speakers to face her so that she could read their lips. The Board repeatedly refused to comply and met her requests with blatant hostility. The discrimination culminated in an executive session in June 2019, where the Board failed to provide Ms. Hernandez with written information and, through its attorney, formally denied her requests for accommodations.
In January, a jury found that the Board and the Town discriminated against Ms. Hernandez in violation of ADA and Section 504 of the Rehabilitation Act by failing to provide Ms. Hernandez with basic accommodations she needed to equally participate as a member of the Board. On June 14, 2024, Judge Stefan R. Underhill granted Ms. Hernandez’s request for declaratory and
injunctive relief prohibiting the Board and the Town of Enfield from discriminating against Ms. Hernandez and others with disabilities in the future. Both the Board and the Town are required to adopt a policy and procedure that will allow individuals with disabilities, including elected officials, to request auxiliary aids and services and reasonable modifications, as well as a complaint procedure and the ability to submit their complaint to a neutral third party if their requests are denied.
“This case required tenacity and an unwavering commitment to radical inclusion and diverse representation,” said Sarah Hernandez. “Equity in access is now reinforced by policy and procedure; this is true systemic change. The disability community is a vibrant part of our national tapestry, and those threads shine a little brighter today because of our collective advocacy.”
“In issuing this order, the Court has reiterated the message that the federal jury sent in January 2024 when it found the Board and the Town liable for violating Ms. Hernandez’s rights under the ADA and Section 504: individuals with disabilities have the right to participate equally in government, and they have the right to have their voices heard,” said Brown Goldstein & Levy partner Anthony May. “We are thrilled that going forward, the Town and the Board will have to implement meaningful measures to ensure that those diverse voices are part of the political conversation and that these civil rights are protected.”
“Disabled elected officials help ensure our government is truly representative of our diversity by bringing a critical perspective to the forefront of policymaking, said Disability Rights Connecticut supervising attorney Kasey Considine. “Ms. Hernandez was elected by the voters to serve her community, and her tenacity in enforcing her civil rights demonstrates her leadership in building an inclusive democracy.”
Judge Underhill’s order can be downloaded here.
Read the press release from the original decision here.
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For additional information, please contact:
Anthony May, Esq.
Brown Goldstein & Levy
410-960-1160
amay@browngold.com
Deborah Dorfman, Esq.
Disability Rights Connecticut
(860) 469-4463
deborah.dorfman@disrightsct.org
Kasey Considine, Esq.
Disability Rights Connecticut
(860) 469-4470
kasey.considine@disrightsct.org
About Brown Goldstein & Levy, LLP
Founded in 1982, Brown Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. 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.
About Disability Rights Connecticut
Disability Rights Connecticut (“DRCT”) is a statewide non-profit organization with a mission to advocate for the human, civil, and legal rights of people with disabilities in Connecticut. DRCT’s mission is to advocate, educate, investigate, and pursue legal, administrative, and other appropriate remedies to advance and protect the civil rights of individuals with disabilities to participate equally and fully in all facets of community life in Connecticut.
