Wednesday, July 27, 2005

Denial of Preliminary Injunction in Volusia County Voting Accessibility Case

In National Federation of the Blind v. Volusia County, 2005 WL 1712038 (M.D. Fla., July 22, 2005), the court denied the plaintiffs' request for a preliminary injunction. Relying on, among other statutes, the ADA, Plaintiffs had sought an order requiring the county, by the next election, "to provide voting machines which enable blind persons to vote secretly and independently." But the court denied the preliminary injunction. Relying on other lower-court precedent, the court ruled that the ADA doesn't require that states provide individuals with disabilities the opportunity to cast a secret ballot independently.


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