HARTFORD, Conn. — Sarah Selvaggi Hernandez, an occupational therapist who has autism and is deaf, lately gained her municipal discrimination lawsuit in a U.S. District Court docket in Connecticut after a authorized battle that spanned greater than 4 years.
In a unanimous determination, a federal jury returned a verdict in favor of Hernandez, a former city of Enfield elected official who argued that the city and its board of schooling violated her civil rights by failing to offer lodging for her disabilities throughout her tenure as a board member.
Hernandez and her attorneys mentioned the case, which discovered Enfield and the board of schooling chargeable for violating the People with Disabilities Act and the Rehabilitation Act, is a serious win for incapacity rights and illustration in authorities and units a brand new precedent within the state.
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“Individuals with disabilities are sometimes dismissed and seen as incapable or (that) we will’t do the laborious factor,” Hernandez mentioned. “Persisting by way of 4 and a half years of this lawsuit, for me, was affirmation that we will do the laborious factor and we’re displaying as much as do the work.”
The jury’s verdict discovered that the defendants didn’t present Hernandez with “efficient communication and affordable modifications” to satisfy her duties on the board. It additional discovered that Enfield and the board of schooling, by a preponderance of the proof, violated Title II of the ADA and Part 504 of the Rehabilitation Act by excluding Hernandez from equal participation, denying equal entry, and subjecting Hernandez to discrimination throughout her tenure.
As one of many first elected officers within the nation to be open about having autism, Hernandez hopes her expertise will present others that they will discover success in authorities.
“I’m hoping that those that are at the moment serving will really feel empowered to be open about their incapacity identification, as a result of we’d like extra illustration, and I do know it’s on the market,” Hernandez mentioned. “I’m additionally hopeful that for the individuals to return, they by no means must encounter these obstacles (and) that individuals will begin actively contemplating easy methods to be inclusive on the native and state and federal ranges.”
Hernandez was elected to the Enfield Board of Training in 2017. After being open about having autism and being deaf throughout her run for workplace, Hernandez mentioned that in her two years of service, fellow board members repeatedly denied her requests for incapacity lodging, which included speaking by way of writing and textual content, taking notes throughout conferences, and requiring audio system to face Hernandez so she might learn lips as they addressed the board.
Hernandez mentioned the board’s hostility and refusal culminated in an incident in June of 2019 that made it clear to Hernandez that her lodging have been blatantly denied.
“I knew that there was one thing incorrect. I knew that I used to be a professional particular person and that I deserved fairness and entry,” Hernandez mentioned.
Recognizing her privilege as a white, educated, girl, Hernandez mentioned preventing the injustice grew to become “an ethical crucial,” not only for herself however for others.
“When you understand your rights you may get up for them and you’ll be supported,” Hernandez mentioned.
In the long run, the jury awarded Hernandez $10 in nominal damages.
“I used to be like, ‘Y’all might have at the least validated my parking,’ as a result of that’s $13 down on the courthouse,” Hernandez cheekily teased. However in all honesty, Hernandez mentioned the lawsuit “was by no means about cash.”
“It was 4 and a half years of my intense labor,” Hernandez mentioned. “The $10 on the finish … it was simply signifying (you’re) completed with the case … (and) after all, a victory.”
Hernandez mentioned the end result was impacted by a 2022 determination by the U.S. Supreme Court docket, which dominated that plaintiffs alleging discrimination underneath the Rehabilitation Act and the Inexpensive Care Act can’t get better emotional misery damages.
“There’s a variety of different people who find themselves going to be tremendously impacted by the Supreme Court docket determination,” Hernandez mentioned. “And that simply reaffirms and reinforces why it was vital for me to do that work now.”
Enfield’s mayor, Ken Nelson Jr., declined to touch upon the decision. The Courant reached out to however didn’t hear again from attorneys representing the city and board of schooling within the case.
A brand new precedent
Hernandez’s attorneys mentioned they fought laborious to show that Enfield was accountable for the conduct of its board members. They mentioned Hernandez’s win sends a uniform message to elected officers and municipalities.
“In Connecticut, it’s precedent,” Kasey Considine, the supervising legal professional for Incapacity Rights Connecticut who represented Hernandez alongside the attorneys from the agency Brown, Goldstein & Levy. “The courtroom mentioned, ‘City of Enfield, you can not delegate away your ADA obligations.’”
Considine mentioned Hernadez’s case emphasizes why native elections matter.
“We disabled individuals are an enormous share of our inhabitants, and incapacity just isn’t a static factor. It’s not a monolithic factor. And I believe this can be a nice instance of visibility,” Considine mentioned. “Now we have civil rights legal guidelines for a motive, It simply actually stinks that we needed to file a lawsuit to implement our civil rights.”
Whereas the jury issued its last verdict, Considine mentioned the case just isn’t over.
The city of Enfield and the board of schooling have objected to a movement from Hernandez’s authorized workforce searching for declaratory judgment and injunctive reduction in opposition to the defendants.
The movement asks the choose to affirm the jury’s ruling by declaring that Enfield and the board of schooling did violate federal civil rights statutes, and ordering that the defendants stop discriminating on the premise of incapacity.
Considine mentioned {that a} ruling in Hernandez’ favor would require Enfield and the board of schooling to develop, implement and prepare city officers on an ADA coverage to forestall future discrimination.
“There’s nonetheless work to be completed to be sure that Sarah’s not subjected to incapacity discrimination if she runs once more as a candidate in Enfield,” Considine mentioned.
Hernandez mentioned it was a “treasure to serve” and he or she would like to run for workplace once more “if that course of is accessible for me.”
“There was a motion on the time to carry kindness again into group conversations, and I hope that I did that and plan to proceed doing it,” Hernandez mentioned.
Hernandez highlighted two phrases she holds shut in her combat for illustration: The incapacity rights slogan, “Nothing about us, with out us” and Ruth Bader Ginsberg’s well-known “When there are 9” quote.
When individuals ask how accommodating the system ought to be, Hernandez mentioned when everybody with a seat on the desk has a incapacity.
“In authorities at this time, there’s so many conflicts and issues and frustrations. Why not go to the individuals who actually, on daily basis are encountering these obstacles and so they’re profitable,” Hernandez mentioned. “We all know the sample, we all know the trail, and we may very well be so unbelievable in authorities positions as a result of we see areas of alternative the place different individuals may not. We see obstacles that different individuals would possibly by no means ever encounter.”
“We shouldn’t simply be thought-about, we ought to be on the desk making these selections, creating these insurance policies,” Hernandez added. “We’re individuals and we’re helpful to our communities and we deserve entry.”
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