Attorney sues N.Y. court system, claims he was kicked off grand jury because he's blind
Brooklyn attorney Albert Elia says he was kicked off a grand jury after being empaneled because he's blind.
Now Elia and the National Federation of the Blind – New York are suing the court system.
"This was flagrantly unlawful," Elia said. "The judge said if I could not perceive the evidence with my own sense, I was not fit to serve as a juror."
"What was really upsetting is this is the court system"
Elia, who uses a guide dog, has made a career defending people with disabilities from discrimination. He says now he's the one who needs defending after he was kicked off a Brooklyn grand jury. Although he's blind, he says he sees this situation with crystal clarity. According to Elia, the judge kicked him off the panel last year because he couldn't see video exhibits without someone describing them to him.
"I pointed out that excluding me was a violation of Title 2 of the [Americans with Disabilities Act]," Elia said. "What was really upsetting is this is the court system. This is where I practice and go before a judge and jury and represent people like me."
Federal law requires courts ensure that no one is excluded from jury service based on disability. Elia is now suing the New York State Unified Court System for failing to accommodate him.
"Our focus isn't on this one judge, this one decision," Disability Rights Advocates attorney Victoria Pilger said. "It's more of, how can we make sure the system as a whole is following the law?"
Court spokesperson Al Baker wouldn't comment on Elia's case, but said "There is no prohibition against blind or visually impaired individuals serving on grand juries and, depending on particular circumstances, reasonable accommodations for such individuals can be made."
"If you can't watch video, that's a big problem"
Attorney Vinoo Varghese says Elia's blindness would skew the outcome of any case involving video.
"Obviously, if you can't watch video, that's a big problem. If you can't see the video and someone has to describe it, that's a big problem," Varghese said.
Elia isn't backing down. He says he hopes his lawsuit leads to court staff being reeducated on the law, and gives him another chance to serve on the grand jury.
"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," said Mark Riccobono, president of the National Federation of the Blind.
