Federal Judge Orders Policy Changes After Successful Lawsuit by Autistic and Deaf Elected Official

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Plaintiff Sarah Hernandez obtained another victory in her lawsuit 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—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.

Ms. Hernandez is represented by Anthony May and Eve Hill of Brown Goldstein & Levy and Kasey Considine and Deborah Dorfman of Disability Rights Connecticut.

“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.”