Filed Date: Nov. 6, 2012
Closed Date: June 11, 2013
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NDRN: On November 6, 2012, Disability Rights Ohio filed a complaint and a motion for a temporary restraining order (TRO) on behalf of plaintiff in the U.S. District Court for the Southern District of Ohio. The complaint alleged that the Director of the Darke County Board of Elections and the Ohio Secretary of State had unlawfully discriminated against the plaintiff by refusing to grant reasonable accommodations to policies and procedures that would allow her to vote in the General Election. Plaintiff's claims arose from the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq and Section 504 of the Rehabilitation Act, 29 U.S.C. § 701. As relief, plaintiff sought a TRO to require defendants to reasonably accommodate her request to receive and submit an absentee ballot. Judge Walter H. Rice presided over the case.
During a conference call prior to hearing arguments on plaintiff's motion for a TRO, the court directed plaintiff to complete and submit her absentee ballot to the Darke County Board of Elections, which would be required to accept it as a provisional ballot pending a ruling on the motion. Plaintiff submitted the ballot as directed on November 7, 2012.
After hearing arguments on plaintiff's motion for a TRO, the court found Plaintiff was likely to prevail on the merits of her claims, citing Ray v. Franklin County Board of Elections, 2008 WL 4966759 (S.D. Ohio Nov. 17, 2008) in support of its holding. Plaintiff also successfully showed that she would be irreparably harmed if she were unable to cast her vote. The court rejected defendants' arguments that others would suffer substantial harm if the court granted plaintiff's requested relief. For these reasons, the court sustained plaintiff's request for a TRO and ordered the Darke County Board of Elections to count the plaintiff's absentee ballot as if it had been properly voted. Mooneyhan v. Husted, 2012 WL 5834232.
After the court sustained plaintiff's motion for a TRO, the parties stipulated that plaintiff's requested relief had been granted and that the case was therefore moot. The stipulation also stated that plaintiff was to be considered a prevailing party for the sake of fee-shifting statutes. On June 11, 2013, a judgment was entered in favor of plaintiff and against defendants regarding plaintiff's attorney's fees. Mooneyhan v. Husted, 2013 WL 1326506. As of June 11, 2013, the parties were no longer litigating this matter. No appeals had been sought or granted.
Summary Authors
LFAA (7/19/2022)
NDRN (8/11/2022)
See docket on RECAP: https://www.courtlistener.com/docket/5117649/mooneyhan-v-husted/
Last updated March 9, 2023, 3:14 a.m.
State / Territory: Ohio
Case Type(s):
Key Dates
Filing Date: Nov. 6, 2012
Closing Date: June 11, 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An individual with a psychiatric disability who was hospitalized shortly before the November 6, 2012 election and denied reasonable accommodations that would have allowed her to vote by absentee ballot.
Plaintiff Type(s):
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
Darke County Board of Elections (Darke), County
Ohio Secretary of State (Columbus), None
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Amount Defendant Pays: $29,910.50
Content of Injunction:
Preliminary relief request withdrawn/mooted
Issues
General:
Access to public accommodations - governmental
Voting: Physical/Effective Access
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Voting: