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Case: Rivero v. Galvin

1:20-cv-11808 | U.S. District Court for the District of Massachusetts

Filed Date: Oct. 2, 2020

Closed Date: Oct. 13, 2020

Clearinghouse coding complete

Case Summary

On October 2, 2020, the Disability Law Center (Massachusetts’s Protection and Advocacy agency) filed this to challenge Massachusetts’ Accessible Vote by Mail (AVBM) program on behalf of four individual plaintiffs, the Boston Center for Independent Living, and Bay State Council of the Blind. The case was filed in the U.S. District Court for the District of Massachusetts, where it was assigned to District Judge Douglas P. Woodlock and named the commonwealth’s Secretary of State as a defendant. Th…

On October 2, 2020, the Disability Law Center (Massachusetts’s Protection and Advocacy agency) filed this to challenge Massachusetts’ Accessible Vote by Mail (AVBM) program on behalf of four individual plaintiffs, the Boston Center for Independent Living, and Bay State Council of the Blind. The case was filed in the U.S. District Court for the District of Massachusetts, where it was assigned to District Judge Douglas P. Woodlock and named the commonwealth’s Secretary of State as a defendant. The plaintiffs alleged that the AVBM program failed to provide meaningful access to the voters with disabilities for whom it was created to accommodate, in violation of the Americans with Disabilities Act (42 U.S.C. §§ 12131, et seq.) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794). Specifically, they claimed that the AVBM program prevented voters who are blind or have low vision, mobility/dexterity disabilities, or other print disabilities from casting their AVBM electronic ballots without third party assistance by including steps that constituted foreseeable barriers to private and independent voting. These steps included requirements that voters print their electronic ballots, sign an affidavit printed on an envelope in which the ballot had to be placed, and place that envelope into a second outer envelope before placing it in the mail. The plaintiffs requested declaratory and injunctive relief, attorneys fees, and also filed a motion for a preliminary injunction the same day they filed their complaint.

Only a week after the lawsuit was filed, the parties reached a settlement. On October 13, 2020, Judge Woodlock entered a consent judgment ordering changes to the AVBM program for the 2020 general election. The changes included permitting email submission of accessible electronic ballots along with an accessible electronic affidavit that could be completed with a typewritten signature. 2020 WL 6558211.

Summary Authors

NDRN (9/11/2022)

Documents in the Clearinghouse

Document
1

1:20-cv-11808

Complaint

Rivero, et al. v. Galvin, et al.

Oct. 2, 2020

Oct. 2, 2020

Complaint
4

1:20-cv-11808

Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction

Rivero, et al. v. Galvin, et al.

Oct. 2, 2020

Oct. 2, 2020

Pleading / Motion / Brief
2

1:20-cv-11808

Plaintiffs' Motion for a Preliminary Injunction and Request for Oral Argument

Rivero, et al. v. Galvin, et al.

Oct. 2, 2020

Oct. 2, 2020

Pleading / Motion / Brief
14

1:20-cv-11808

Judgement

Rivero, et al. v. Galvin, et al.

Oct. 13, 2020

Oct. 13, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18506434/rivero-v-galvin/

Last updated Sept. 11, 2022, 3:18 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Secretary of State, Massachusetts, William Francis Galvin Filing fee: $ 400, receipt number 0101-8446901 (Fee Status: Filing Fee paid), filed by Bay State Council of The Blind, Inc., Boston Center For Independent Living, Inc., Cory Kadlik, Tanja Milojevic, Barbara Rivero, James Wice. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Proposed Summons)(Murphy, Thomas) (Entered: 10/02/2020)

1 Civil Cover Sheet

View on PACER

2 Category Form

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3 Proposed Summons

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Oct. 2, 2020

Oct. 2, 2020

Clearinghouse
2

MOTION for Preliminary Injunction by Bay State Council of The Blind, Inc., Boston Center For Independent Living, Inc., Cory Kadlik, Tanja Milojevic, Barbara Rivero, James Wice.(Murphy, Thomas) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

Clearinghouse
3

ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
4

MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by Bay State Council of The Blind, Inc., Boston Center For Independent Living, Inc., Cory Kadlik, Tanja Milojevic, Barbara Rivero, James Wice. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I)(Murphy, Thomas) (Entered: 10/02/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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9 Exhibit Exhibit I

View on PACER

Oct. 2, 2020

Oct. 2, 2020

Clearinghouse
5

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
6

NOTICE of Appearance by Tatum A. Pritchard on behalf of Bay State Council of The Blind, Inc., Boston Center For Independent Living, Inc., Cory Kadlik, Tanja Milojevic, Barbara Rivero, James Wice (Pritchard, Tatum) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
7

NOTICE of Appearance by Matthew S. Steele on behalf of Bay State Council of The Blind, Inc., Boston Center For Independent Living, Inc., Cory Kadlik, Tanja Milojevic, Barbara Rivero, James Wice (Steele, Matthew) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
8

Judge Douglas P. Woodlock: ELECTRONIC SCHEDULING AND PROCEDURAL ORDER entered regarding Plaintiffs' motion (# 2) for preliminary injunction. Plaintiffs shall make service on defendants of all their submissions to this court in this case, including specifically their submissions in respect of their motion (# 2) for a preliminary injunction. The defendants shall respond fully to the plaintiffs' preliminary injunction motion submissions by no later than 5:00 pm Friday October 9, 2020. Plaintiffs shall file an affidavit or other certificate of service by no later than 5:00 pm Friday October 9, 2020. The clerk shall set the matter down for zoom hearing on plaintiffs' motion (# 2) for preliminary injunction at 11:00 am October 16, 2020. (Woodlock, Douglas) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
9

ELECTRONIC NOTICE Setting Hearing on Motion 2 MOTION for Preliminary Injunction : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 10/16/2020 11:00 AM in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (McDonagh, Christina) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 5, 2020

Oct. 5, 2020

PACER

Order

Oct. 5, 2020

Oct. 5, 2020

PACER
10

NOTICE of Appearance by Adam Hornstine on behalf of Department of the State Secretary, William Franics Galvin (Hornstine, Adam) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
11

NOTICE of Appearance by Anne L. Sterman on behalf of Department of the State Secretary, William Franics Galvin (Sterman, Anne) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
12

Joint MOTION to Approve Consent Judgment by Bay State Council of The Blind, Inc., Boston Center For Independent Living, Inc., Cory Kadlik, Tanja Milojevic, Barbara Rivero, James Wice. (Attachments: # 1 Proposed Agreed Judgment)(Pritchard, Tatum) (Entered: 10/09/2020)

1 Proposed Agreed Judgment

View on RECAP

Oct. 9, 2020

Oct. 9, 2020

PACER

Notice Setting or Resetting Hearing on Motion

Oct. 9, 2020

Oct. 9, 2020

PACER
14

Order on Motion to Approve Consent Judgment

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse

Notice Cancelling Hearing

Oct. 13, 2020

Oct. 13, 2020

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 2, 2020

Closing Date: Oct. 13, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four individual Massachusetts voters with disabilities, the Boston Center for Independent Living, and Bay State Council of the Blind.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Massachusetts (Boston, Suffolk), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Voting

Disability:

disability, unspecified

Visual impairment

Voting:

Election administration