Judge Orders Injunction Against Enfield School System In ADA Lawsuit

ENFIELD, CT — A Connecticut judge has ordered an injunction against the Enfield Board of Education as part of a lawsuit brought forth by a former board member who is both autistic and deaf.

Sarah Hernandez, regarded as one of the first openly autistic people to run for, and be elected to, public office in Connecticut, filed a lawsuit against the school board, the town of Enfield and then-board chairman Walter Kruzel in late 2019. The suit claims she was discriminated against in violation of the federal Americans With Disabilities Act.

On June 14, United States District Judge Stefan R. Underhill announced the injunction in Bridgeport.

It makes several points:

• The Town of Enfield and the Enfield Board of Education are permanently restrained and enjoined from violating Title II of the ADA and Section 504 of the Rehabilitation Act of 1973.
• The town and the board shall promulgate a policy and procedure for qualified individuals with disabilities, including elected officials, to request and obtain auxiliary aids and services and reasonable modifications.
• The town and the board shall promulgate a process for qualified individuals with disabilities, including elected officials, seeking auxiliary aids and services and reasonable modifications, to submit a complaint to a neutral third party if their requests are denied and, if the town and the board determine that such a request poses an undue burden or would fundamentally alter their programs or services, they shall provide a written statement to the individual with a disability describing the reasons for reaching that conclusion.

The injunction was the next step in the lawsuit after a federal jury in U.S. District Court in Bridgeport sided with Hernandez in January, finding the board and the town discriminated against her in violation of Title II of the ADA and Section 504 of the Rehabilitation Act for failing to provide her with basic accommodations needed to equally participate as a member of the board.

Hernandez was elected to the school board in 2017, running for a seat because she wanted to "show up and be a voice for people with autism in the decision-making process," she said upon filing the suit.

She has difficulty hearing and understanding telephone conversations and in-person conversations unless she gets written materials, can see the speakers and can take notes. She asked the board to communicate with her between meetings in writing, such as by email and text, and to provide written materials and an erasable white board for note-taking, according to the lawsuit.

Although the board agreed to the accommodations, Kruzel and other board officials refused to follow through, repeatedly insisting on communicating by telephone between meetings and refusing to provide written information or a white board for executive sessions. Her requests were often met with open hostility and anger, according to the lawsuit.

The "discrimination" came to a head in an executive session in June 2019, where the board "failed to provide" Hernandez with written information and, through its attorney, formally denied her requests for accommodations.

A Tuesday phone call to the Enfield Public School system administration was not immediately returned.

Hernandez and her legal team reacted favorably to the in junction:

"This case required tenacity and an unwavering commitment to radical inclusion and diverse representation 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," Hernandez said.

"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. 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," said Brown Goldstein & Levy partner Anthony May.

"Disabled elected officials help ensure our government is truly representative of our diversity by bringing a critical perspective to the forefront of policymaking. 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," Disability Rights Connecticut supervising attorney Kasey Considine said.