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DISABLED IN ACTION v. BD. OF ELECTIONS IN NEW YORK

No. 12-4412-cv.

752 F.3d 189 (2014)

DISABLED IN ACTION, a nonprofit organization, United Spinal Association, a nonprofit organization, Plaintiffs-Appellees, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Frederic M. Umane, in his official capacity as President of the Board of Elections in the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 14, 2014.

Attorney(s) appearing for the Case

Stuart Seaborn , Disability Rights Advocates, Berkeley, CA ( Sid Wolinsky and Christine Chuang , Disability Rights Advocates, Berkeley, CA, Julia Miriam Pinover , Disability Rights Advocates, New York, NY, Kevin Mintzer , The Law Office of Kevin Mintzer, P.C., New York, NY, and Mariann Meier Wang , Cuti Hecker Wang LLP, New York, NY, on the brief), for Plaintiffs-Appellees.

Drake A. Colley ( Edward F.X. Hart , on the brief), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants.

Alicia M. Simmons , Assistant U.S. Attorney ( Benjamin H. Torrance , Assistant U.S. Attorney, on the brief), for Preet Bharara , United States Attorney of the Southern District of New York, New York, NY, and Jocelyn Samuels , Acting Assistant Attorney General ( Dennis J. Dimsey and Sasha SambergChampion , Attorneys), Civil Rights Division, U.S. Department of Justice, for Amicus Curiae United States of America.

Before: CABRANES, HALL, and CHIN, Circuit Judges.

CHIN, Circuit Judge:

The Board of Elections in the City of New York (the "BOE") is responsible for identifying and designating poll sites that are accessible to voters with disabilities in New York City. In this case, plaintiffs-appellees, non-profit organizations representing people with mobility or vision disabilities (collectively "plaintiffs"), allege that BOE is failing to provide them with meaningful access to its voting program, in violation of Section 504...

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