Federal Court Rules Case Alleging Systemic Discrimination By New York Courts Against Blind Jurors in Grand Jury System Can Proceed

September 24, 2026 – Brooklyn, New York – On September 14, 2026, Judge Ramón E. Reyes, Jr. of the Eastern District of New York substantially denied Defendants’ attempt to dismiss a lawsuit filed in March 2025 by Brooklyn resident Albert Elia and the National Federation of the Blind – New York (NFBNY) 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. Although Judge Reyes dismissed NFBNY and the Kings County Commissioner of Jurors as parties, as well as certain state law claims, Judge Reyes found that Mr. Elia adequately alleged a violation under the Americans with Disabilities Act and the Rehabilitation Act, so Mr. Elia’s core claims seeking equal access to jury service for blind individuals remain. Read the Opinion.

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.

In his opinion, Judge Reyes recognized 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 highlighted “[t]he current lack of a reasonable accommodations procedure for blind individuals” and noted that “a reasonable ADA accommodation would plausibly facilitat[e] equal access to jury service.”  This is precisely what Mr. Elia seeks – full and equal access.

“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.”

Mr. Elia is represented by Disability Rights Advocates and Brown, Goldstein & Levy LLP. The complaint alleges that Mr. Elia’s experience is part of a pattern of discrimination against blind jurors in New York State courts. Among other relief, the lawsuit seeks an order to ensure that Defendants take all necessary steps to ensure blind individuals have equal access to jury service. 

About National Federation of the Blind – New York: The National Federation of the Blind, headquartered in Baltimore, defends the rights of blind people of all ages and provides information and support to families with blind children, older Americans who are losing vision, and more. Founded in 1940, the NFB is the transformative membership and advocacy organization of blind Americans with affiliates, chapters, and divisions in the fifty states, Washington DC, and Puerto Rico. We believe in the hopes and dreams of blind people and work together to transform them into reality. Learn more about our many programs and initiatives at www.nfb.org.

About Disability Rights Advocates (DRA): With offices in California, New York, and Illinois, DRA is the leading national nonprofit disability rights legal center. DRA’s mission is to advance the rights, inclusion, and equity of people with disabilities nationwide through high-impact litigation, education, and advocacy. DRA represents people with all types of disabilities in complex, system-changing class action cases. For more information, visit https://dralegal.org/.

About Brown, Goldstein & Levy LLP: Brown, Goldstein & Levy provides the highest quality legal services to a broad range of clients, without sacrificing our deep sense of community and social responsibility. By elevating our clients’ voices and fighting for their rights, we seek to bring about a more just world – sometimes one dispute at a time, sometimes through systemic change.