Case: Johnson v. Callanen

5:22-cv-00409 | U.S. District Court for the Western District of Texas

Filed Date: April 27, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Three blind Texas voters and two organizational plaintiffs, National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed suit to assert their rights to accessible absentee ballots in order for people who cannot mark or sign a paper ballot to be able to vote privately and independently. The plaintiffs were represented by Disability Rights Texas (the Texas protection and advocacy system) and private counsel. The case was filed on April 27, 2022 in federal court i…

Three blind Texas voters and two organizational plaintiffs, National Federation of the Blind of Texas and the Coalition of Texans with Disabilities, filed suit to assert their rights to accessible absentee ballots in order for people who cannot mark or sign a paper ballot to be able to vote privately and independently. The plaintiffs were represented by Disability Rights Texas (the Texas protection and advocacy system) and private counsel. The case was filed on April 27, 2022 in federal court in the Western District of Texas against defendants Bexar County and its elections administrator raising claims under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Judge Xavier Rodriguez presided.

Under Texas law, voters have the right to “vote in secret and free from intimidation[.]” TEX. ELEC. CODE § 62.0115(b)(2). To vote absentee in Bexar County, an eligible voter must complete and submit a paper ballot. Even though an electronic ballot, called “MOVE Edge,” is available for military and overseas voters, this option was not made available to plaintiffs or other Texans with print disabilities.

Plaintiffs moved for a preliminary injunction, which was denied on July 7, 2022.  2022 WL 2541357.  In its order denying Plaintiffs' requested relief, the Court held that Title II of the ADA entitles Plaintiffs to request a reasonable modification that will allow them to vote on their own; however, Plaintiffs did not describe with specificity how the electronic voting system provided to military and overseas voters operated, and thus could not demonstrate that print-disabled voters would be able to access, complete, and submit their electronic ballot privately and independently. The court granted Plaintiffs leave to file a second motion for a preliminary injunction that fully explains whether and how the requested modification is reasonable once the parties engaged in a “flexible, interactive process.”

Plaintiffs filed a second motion for preliminary injunction, in which they asked the court for an order which directs Bexar County to implement a county-wide accessible electronic ballot system to enable voters with vision and print disabilities to cast their ballots in the November 2022 general election. On October 20, 2022, while their second motion for a preliminary injunction was pending, Plaintiffs sought leave to amend their motion to request to include, as alternative relief, a preliminary injunction requiring accessible MOVE Edge ballots solely for the named individual plaintiffs for the November 8, 2022 election.

On October 21, 2022, the court denied Plaintiffs’ second preliminary injunction motion. 2022 WL 14069015. Despite the fact that Plaintiffs provided the court with the information it sought about the MOVE Edge system, the court declined to address whether the proposed modification was reasonable or unduly burdensome. The court found that Plaintiffs’ requested county-wide relief was not in the public interest, in part because of the proximity to the election, citing the Purcell principle that courts should ordinarily not alter state election laws close to an election, as set forth in Purcell v. Gonzalez, 549 U.S. 1 (2006). The court did, however, grant relief to the three named plaintiffs, concluding that extending the MOVE Edge system would be a reasonable accommodation as to the three blind individuals, who submitted evidence as to how the system would enable them to vote privately and independently. 

The parties filed cross-motions for summary judgment on February 28, 2023.  On July 6, 2023, judge granted the plaintiffs a permanent injunction on their ADA claims. Beginning with the November 7, 2023 election, and for all future elections within the term of this Permanent Injunction, Defendants were required to ensure that an electronic remote accessible vote-by-mail system was available to blind voters in time for the start of absentee voting. The injunction was set to expire after four years. The court denied monetary damages under the ADA and denied the Section 504 claim.

The injunction is ongoing. 

Summary Authors

NDRN (1/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63269210/parties/johnson-v-callanen/


Judge(s)
Attorney for Plaintiff

Davis, Lia Sifuentes (Texas)

Hill, Eve Lynne (Texas)

Kelleher, Lauren J. (Texas)

Logan, William M. (Texas)

Attorney for Defendant

Bowen, Susan A. (Texas)

Documents in the Clearinghouse

Documents in this case
1

5:22-cv-00409

Complaint

April 27, 2022

April 27, 2022

Complaint
20

5:22-cv-00409

Order

June 21, 2022

June 21, 2022

Order/Opinion

608 F.Supp.3d 476

22

5:22-cv-00409

Order

July 7, 2022

July 7, 2022

Order/Opinion

610 F.Supp.3d 907

42

5:22-cv-00409

Order

Oct. 21, 2022

Oct. 21, 2022

Order/Opinion

2022 WL 14069015

60

5:22-cv-00409

Order

July 6, 2023

July 6, 2023

Order/Opinion

2023 WL 4374998

62

5:22-cv-00409

Permanent Injunctive Order

July 27, 2023

July 27, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63269210/johnson-v-callanen/

Last updated June 30, 2026, 6:51 a.m.

Docket for: Johnson v. Callanen
ECF Number Date Description Link
1 April 27, 2022

COMPLAINT ( Filing fee $ 402 receipt number 0542-15974226), filed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1)(Murphy, Michael) (Entered: 04/27/2022)

1 Civil Cover Sheet

View on PACER

2 Exhibit 1

View on PACER

Clearinghouse
2 April 27, 2022

REQUEST FOR ISSUANCE OF SUMMONS by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Additional Summons)(Murphy, Michael) (Entered: 04/27/2022)

RECAP
3 April 27, 2022

MOTION for Preliminary Injunction and Memorandum in Support by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Appendix, # 2 Proposed Order)(Murphy, Michael) (Entered: 04/27/2022)

RECAP
April 27, 2022

Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (nm)

April 27, 2022

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (nm)

4 April 28, 2022

Summons Issued as to Bexar County, Texas, Jacquelyn F Callanen. (nm) (Entered: 04/28/2022)

RECAP
5 April 28, 2022

Pro Hac Vice Letter to Eve L. Hill. (nm) (Entered: 04/28/2022)

RECAP
6 April 28, 2022

Pro Hac Vice Letter to Lauren Kelleher. (nm) (Entered: 04/28/2022)

RECAP
7 April 28, 2022

Pro Hac Vice Letter to Katherine A. Preston. (nm) (Entered: 04/28/2022)

RECAP
8 April 28, 2022

Pro Hac Vice Letter to Jason P. Rudloff. (nm) (Entered: 04/28/2022)

RECAP
9 April 28, 2022

MOTION to Appear Pro Hac Vice by Michael Terrell Murphy for Eve L. Hill ( Filing fee $ 100 receipt number 0542-15977044) by on behalf of Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Murphy, Michael) (Entered: 04/28/2022)

RECAP
10 April 28, 2022

MOTION to Appear Pro Hac Vice by Michael Terrell Murphy for Lauren J. Kelleher ( Filing fee $ 100 receipt number 0542-15977085) by on behalf of Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Murphy, Michael) (Entered: 04/28/2022)

RECAP
April 28, 2022

Text Order GRANTING 9 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

April 28, 2022

Text Order GRANTING 10 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

April 28, 2022

Case Assigned/Reassigned

April 28, 2022

To be Referred to SA Mag Judge

April 28, 2022

Order on Motion to Appear Pro Hac Vice

11 April 29, 2022

SUMMONS Returned Executed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities. Bexar County, Texas served on 4/28/2022, answer due 5/19/2022. (Murphy, Michael) (Entered: 04/29/2022)

RECAP
12 May 2, 2022

SUMMONS Returned Executed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities. Jacquelyn F Callanen served on 4/28/2022, answer due 5/19/2022. (Murphy, Michael) (Entered: 05/02/2022)

RECAP
13 May 19, 2022

MOTION to Dismiss by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 05/19/2022)

RECAP
14 May 19, 2022

ORDER Setting Hearing on 3 MOTION for Preliminary Injunction and Memorandum in Support, 13 MOTION to Dismiss : Motion Hearing set for 6/15/2022 10:30 AM before Judge Xavier Rodriguez,. Signed by Judge Xavier Rodriguez. (nm) (Entered: 05/19/2022)

RECAP
15 June 2, 2022

Response in Opposition to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 13 MOTION to Dismiss filed by Defendant Bexar County, Texas, Defendant Jacquelyn F Callanen (Attachments: # 1 Exhibit A-Callanen Declaration from Simien v. Hughs)(Murphy, Michael) (Entered: 06/02/2022)

RECAP
16 June 2, 2022

RESPONSE to Motion, filed by Bexar County, Texas, Jacquelyn F Callanen, re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Bowen, Susan) (Entered: 06/02/2022)

RECAP
17 June 8, 2022

REPLY to Response to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Attachments: # 1 Exhibit 1-Hughs Mtn to Dismiss - Semien v. Hughs case, # 2 Exhibit 2-Ingram Depo Excerpts - Semien v. Hughs case, # 3 Exhibit 3-Hughs Oppn to Motion for Prelim Inj - Semien v. Hughs case, # 4 Exhibit 4-Callanen Depo Excerpts - Semien v. Hughs case)(Murphy, Michael) (Entered: 06/08/2022)

RECAP
18 June 9, 2022

MOTION to Appear Pro Hac Vice by Michael Terrell Murphy for Rachael E. Thompson ( Filing fee $ 100 receipt number 0542-16122420) by on behalf of Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Murphy, Michael) (Entered: 06/09/2022)

RECAP
June 9, 2022

Text Order GRANTING 18 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

June 9, 2022

Order on Motion to Appear Pro Hac Vice

19 June 15, 2022

Minute Entry for proceedings held before Judge Xavier Rodriguez: Motion Hearing held on 6/15/2022 re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Wendy Walker, Amelia Pellicciotti, Larry Johnson, The Coalition of Texans with Disabilities, National Federation of the Blind of Texas (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 06/15/2022)

RECAP
20 June 21, 2022

ORDER GRANTING IN PART AND DENYING IN PART 13 Motion to Dismiss. Plaintiffs claim under Title II of the ADA may proceed. Plaintiffs claim under § 504 of the Rehabilitation Act is DISMISSED WITHOUT PREJUDICE. Plaintiffs may file an amended complaint if they believe that they can allege, in good faith, sufficient facts to state a plausible claim under § 504 of the Rehabilitation Act. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 06/21/2022)

Clearinghouse
21 June 23, 2022

MOTION for Leave to File Plaintiff's Supplemental Brief in Support of Preliminary Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit 1)(Hill, Eve) (Entered: 06/23/2022)

RECAP
22 July 7, 2022

ORDER MOOTING 21 Motion for Leave to File; DENYING 3 Motion for Preliminary Injunction Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/07/2022)

Clearinghouse
23 July 18, 2022

NOTICE of Attorney Appearance by Lucia Romano on behalf of Larry Johnson, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker (Romano, Lucia) (Entered: 07/18/2022)

RECAP
24 July 28, 2022

Unopposed MOTION to Withdraw as Attorney by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Davis, Lia) (Entered: 07/28/2022)

RECAP
Aug. 1, 2022

Text Order GRANTING 24 Motion to Withdraw as Attorney entered by Judge Xavier Rodriguez. Lia Sifuentes Davis is withdrawn as counsel of record for Plaintiffs Larry Johnson, Amelia Pellicciotti, Wendy Walker, National Federation of the Blind of Texas, and the Coalition of Texans with Disabilities. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

Aug. 1, 2022

Order on Motion to Withdraw as Attorney

25 Aug. 11, 2022

ORDER AND ADVISORY--It is ORDERED that the Plaintiff(s) confer with the Defendant(s) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by September 8, 2022. The parties are hereby ORDERED to notify the Court whether or not they consent to Magistrate Judge jurisdiction no later than September 8, 2022. Signed by Judge Xavier Rodriguez. (nm) (Entered: 08/11/2022)

RECAP
26 Aug. 25, 2022

Unopposed MOTION for Leave to File First Amended Complaint by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit 1 - First Amended Complaint, # 2 Exhibit 2 - REDLINE of Complaint)(Hill, Eve) (Entered: 08/25/2022)

RECAP
27 Aug. 25, 2022

1st AMENDED COMPLAINT against Bexar County, Texas, Jacquelyn F Callanen amending 1 Complaint,., filed by National Federation of the Blind of Texas, Larry Johnson, Amelia Pellicciotti, Wendy Walker, The Coalition of Texans with Disabilities.(wg) (Entered: 08/26/2022)

RECAP
Aug. 25, 2022

Text Order GRANTING 26 Motion for Leave to File entered by Judge Xavier Rodriguez. The Clerk's Office is DIRECTED to file Plaintiffs' amended complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)

Aug. 25, 2022

Order on Motion for Leave to File

28 Sept. 8, 2022

Scheduling Recommendations and Joint FCRP 26(f) report by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) Modified on 9/12/2022 to edit text (nm). (Entered: 09/08/2022)

RECAP
29 Sept. 9, 2022

SCHEDULING ORDER: Bench Trial set for 7/10/2023 10:30 AM before Judge Xavier Rodriguez, Final Pretrial Conference set for 6/29/2023 10:30 AM before Judge Xavier Rodriguez, ADR Mediation Completed by 2/28/2023, Amended Pleadings due by 9/19/2022, Discovery due by 1/31/2023, Joinder of Parties due by 9/19/2022, Dispositive Motions due by 2/28/2023,. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/12/2022)

RECAP
30 Sept. 9, 2022

SHOW CAUSE ORDER--The Court ORDERS the parties to submit a Rule 26(f) Report, in compliance with this Courts previous order of August 11, 2022, no later than September 16, 2022. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/12/2022)

RECAP
31 Sept. 12, 2022

ORDER--The court hereby VACATES its order at ECF No. 30 as parties have submitted their Rule 26(f) Report re 30 Order to Show Cause. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/12/2022)

RECAP
32 Sept. 28, 2022

Consent MOTION to Extend Expert Designation Deadlines by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Proposed Order)(Hill, Eve) (Entered: 09/28/2022)

RECAP
Sept. 30, 2022

Text Order GRANTING 32 Consent Motion to Extend Expert Designation Deadlines entered by Judge Xavier Rodriguez. Plaintiffs' deadline for designating experts is hereby extended to November 7, 2022. Defendants' deadline for designating experts is extended to December 7, 2022. The deadline for filing supplemental reports is extended to January 2, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Sept. 30, 2022

Order on Motion for Miscellaneous Relief

33 Oct. 6, 2022

ANSWER to 27 Amended Complaint by Bexar County, Texas.(Bowen, Susan) (Entered: 10/06/2022)

RECAP
34 Oct. 12, 2022

STIPULATION (Joint) by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 10/12/2022)

RECAP
35 Oct. 12, 2022

MOTION for Preliminary Injunction and for Expedited Briefing and Consideration by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Hill, Eve) (Entered: 10/12/2022)

RECAP
36 Oct. 14, 2022

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON MOTION re 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration filed by Wendy Walker, Amelia Pellicciotti, Larry Johnson, The Coalition of Texans with Disabilities, National Federation of the Blind of Texas, ORDER Setting Hearing on 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration :( Motion Hearing set for 10/20/2022 04:00 PM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (nm) (Entered: 10/14/2022)

RECAP
37 Oct. 14, 2022

ORDER RE-SETTING HEARING ON MOTION on 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration : Motion Hearing set for 10/19/2022 10:30 AM before Judge Xavier Rodriguez,. Signed by Judge Xavier Rodriguez. (nm) (Entered: 10/14/2022)

RECAP
38 Oct. 18, 2022

RESPONSE to Motion, filed by Bexar County, Texas, Jacquelyn F Callanen, re 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Bowen, Susan) (Entered: 10/18/2022)

RECAP
39 Oct. 19, 2022

Minute Entry for proceedings held before Judge Xavier Rodriguez: Motion Hearing held on 10/19/2022 re 35 MOTION for Preliminary Injunction and for Expedited Briefing and Consideration filed by Wendy Walker, Amelia Pellicciotti, Larry Johnson, The Coalition of Texans with Disabilities, National Federation of the Blind of Texas (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 10/20/2022)

RECAP
40 Oct. 20, 2022

Opposed MOTION for Leave to File Motion to Amend Plaintiffs' Motion for Preliminary Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Plaintiffs' Opposed Motion to Amend Motion for Preliminary Injunction, # 2 Proposed Order)(Hill, Eve) (Entered: 10/20/2022)

1 Plaintiffs' Opposed Motion to Amend Motion for Preliminary Injunction

View on PACER

2 Proposed Order

View on PACER

RECAP
41 Oct. 20, 2022

MOTION to Amend Motion for Preliminary Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (nm) (Entered: 10/21/2022)

RECAP
Oct. 20, 2022

Text Order GRANTING 40 Opposed Motion for Leave to Amend Motion entered by Judge Xavier Rodriguez. Plaintiffs' Opposed Motion for Leave to Amend their Motion is granted. The Clerk is DIRECTED to file the proposed motion to amend attached as an exhibit to Plaintiffs' motion [40-1].(This is a text-only entry generated by the court. There is no document associated with this entry.) (TLlc)

Oct. 20, 2022

Order on Motion for Leave to File

42 Oct. 21, 2022

ORDER--the Court DENIES Plaintiffs second motion for a preliminary injunction (ECF No. 35) to the extent that it seeks relief on behalf of all print-disabled voters in Bexar County. However, the relief requested in Plaintiffs amendment to their second motion for a preliminary injunction is GRANTED. Accordingly, Defendants are ORDERED to provide accessible MOVE Edge ballots to the three Individual PlaintiffsLarry Johnson, Wendy Walker, and Amelia Pellicciottito allow them to vote secretly and independently in the November 8, 2022 election. Signed by Judge Xavier Rodriguez. (nm) Modified on 10/24/2022 to identify as an opinion (kc). (Entered: 10/21/2022)

Clearinghouse
Oct. 21, 2022

Text Order GRANTING 41 Motion entered by Judge Xavier Rodriguez. Plaintiffs' motion to amend their motion for preliminary injunction 35 is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (TLlc)

Oct. 21, 2022

Order on Motion for Miscellaneous Relief

43 Dec. 9, 2022

STATUS REPORT by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 12/09/2022)

RECAP
44 Dec. 12, 2022

ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 1/12/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (nm) (Entered: 12/12/2022)

RECAP
45 Jan. 10, 2023

STATUS REPORT by Jacquelyn F Callanen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bowen, Susan) (Entered: 01/10/2023)

RECAP
46 Jan. 11, 2023

RESPONSE to Defendants' Status Report to 45 Status Report by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Declaration of Eve L. Hill, # 2 Exhibit 1 to Declaration of Eve L. Hill, # 3 Exhibit 2 to Declaration of Eve L. Hill, # 4 Exhibit 3 to Declaration of Eve L. Hill, # 5 Exhibit 4 to Declaration of Eve L. Hill, # 6 Exhibit 5 to Declaration of Eve L. Hill, # 7 Exhibit 6 to Declaration of Eve L. Hill, # 8 Exhibit 7 to Declaration of Eve L. Hill)(Hill, Eve) (Entered: 01/11/2023)

RECAP
47 Jan. 12, 2023

Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 1/12/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 01/12/2023)

RECAP
48 Feb. 28, 2023

MOTION for Summary Judgment by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Murphy, Michael) (Entered: 02/28/2023)

RECAP
49 Feb. 28, 2023

MOTION for Summary Judgment Bexar County Defendants' Motion for Summary Judgment and Supporting Brief by Bexar County, Texas, Jacquelyn F Callanen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Bowen, Susan) (Entered: 02/28/2023)

RECAP
50 March 14, 2023

Response in Opposition to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 49 MOTION for Summary Judgment Bexar County Defendants' Motion for Summary Judgment and Supporting Brief filed by Defendant Bexar County, Texas, Defendant Jacquelyn F Callanen (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Murphy, Michael) (Entered: 03/14/2023)

1

View on RECAP

2

View on RECAP

RECAP
51 March 14, 2023

RESPONSE TO 48 MOTION FOR SUMMARY JUDGMENT. (Bowen, Susan) Modified on 3/15/2023 (nm). (Entered: 03/14/2023)

RECAP
March 14, 2023

Notice of Correction:***TERMINATED MOTION AND CORRECTED DOCKET TEXT TO REFLECT RESEONSE TO 48 MOTION FOR SUMMARY JUDGMENT*** re 51 MOTION for Summary Judgment . (nm)

March 15, 2023

Notice of Correction

52 March 21, 2023

REPLY to Response to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 48 MOTION for Summary Judgment filed by Plaintiff Wendy Walker, Plaintiff Amelia Pellicciotti, Plaintiff Larry Johnson, Plaintiff The Coalition of Texans with Disabilities, Plaintiff National Federation of the Blind of Texas (Murphy, Michael) (Entered: 03/21/2023)

RECAP
53 May 19, 2023

Pretrial Disclosures -- Plaintiffs' Rule 26(a)(3) Disclosures by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 05/19/2023)

RECAP
54 May 25, 2023

Pretrial Disclosures by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 05/25/2023)

RECAP
55 June 2, 2023

SUPPLEMENT to 49 MOTION for Summary Judgment Bexar County Defendants' Motion for Summary Judgment and Supporting Brief by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 06/02/2023)

RECAP
56 June 6, 2023

RESPONSE in Opposition to 55 Supplement by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) (Entered: 06/06/2023)

RECAP
57 June 8, 2023

ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, (Status Conference set for 6/29/2023 10:30 AM before Judge Xavier Rodriguez). Signed by Judge Xavier Rodriguez. (nm) (Entered: 06/08/2023)

RECAP
58 June 26, 2023

Advisory: for Permanent Injunction by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Hill, Eve) Modified on 6/30/2023 to reflect the pleading is an advisory, not a motion (sf). (Entered: 06/26/2023)

RECAP
59 June 29, 2023

Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 6/29/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(nm) (Entered: 06/30/2023)

RECAP
60 July 6, 2023

ORDER GRANTING IN PART AND DENYING IN PART 48 Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART 49 Motion for Summary Judgment Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/06/2023)

Clearinghouse
61 July 14, 2023

MOTION for Permanent Injunction [PROPOSED] by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A - Declaration to Vote by Mail Because of Blindness-Agreed)(Hill, Eve) (Entered: 07/14/2023)

RECAP
62 July 27, 2023

PERMANENT INJUNCTIVE ORDER. Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/27/2023)

Clearinghouse
63 July 27, 2023

FINAL JUDGMENT--IT IS HEREBY ORDERED that Plaintiffs claim under Title II of the ADA, 42 U.S.C. §§ 12131 et seq is GRANTED, except that Plaintiffs claim for monetary damages under 42 U.S.C. § 12133 is DENIED. IT IS FURTHER ORDERED Plaintiffs claim under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, is DENIED. Plaintiffs may file an application for attorneys fees and a bill of costs with the Clerks Office within the time specified by the Local Rules. This case is CLOSED. Signed by Judge Xavier Rodriguez. (nm) (Entered: 07/27/2023)

RECAP
64 Aug. 10, 2023

MOTION for Attorney Fees and Costs by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A - Hill Declaration and Exhibits, # 2 Exhibit B - Romano Declaration and Exhibits, # 3 Exhibit C - Murphy Declaration and Exhibits, # 4 Exhibit D - Bill of Costs, # 5 Proposed Order)(Murphy, Michael) (Entered: 08/10/2023)

RECAP
65 Aug. 25, 2023

MOTION for Extension of Time to File Response/Reply by Bexar County, Texas, Jacquelyn F Callanen. (Attachments: # 1 Proposed Order)(Bowen, Susan) (Entered: 08/25/2023)

RECAP
Aug. 28, 2023

Order on Motion for Extension of Time to File Response/Reply

Aug. 28, 2023

Text Order GRANTING 65 Unopposed Motion for Extension of Time to File Response entered by Judge Xavier Rodriguez. Defendant's deadline to respond to Plaintiff's Motion and Application for Attorneys' Fees 64 is hereby extended to September 1, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (TLlc)

66 Sept. 1, 2023

MOTION to Stay by Bexar County, Texas, Jacquelyn F Callanen. (Bowen, Susan) (Entered: 09/01/2023)

RECAP
67 Sept. 6, 2023

Unopposed MOTION for Extension of Time to File, Unopposed MOTION for Leave to Exceed Page Limitation by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Proposed Order)(Hill, Eve) (Entered: 09/06/2023)

RECAP
Sept. 7, 2023

Order on Motion for Extension of Time to File AND Order on Motion for Leave to File Excess Pages

Sept. 7, 2023

Text Order GRANTING 67 Plaintiffs' Unopposed Motion to Extend Time for Filing and Increase Page Limit entered by Judge Xavier Rodriguez. Plaintiffs' deadline to file their Response to Defendants' Motion to Stay and Reply in support of their Motion and Application for Attorneys' Fees and Costs is extended to September 15, 2023. A page limit of 20 pages shall apply to that filing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)

68 Sept. 15, 2023

Response in Opposition to Motion, filed by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker, re 66 MOTION to Stay filed by Defendant Bexar County, Texas, Defendant Jacquelyn F Callanen (Attachments: # 1 Exhibit A - Declaration of Eve L. Hill ISO Plaintiffs' Motion and Application for Attorneys' Fees and Costs, # 2 Exhibit B - 2022.06.07 S Fernandez Email)(Hill, Eve) (Entered: 09/15/2023)

1 Exhibit A - Declaration of Eve L. Hill ISO Plaintiffs' Motion and Applicati

View on PACER

2 Exhibit B - 2022.06.07 S Fernandez Email

View on PACER

RECAP
Sept. 15, 2023

Order on Motion to Stay

Sept. 15, 2023

Text Order GRANTING 66 Motion to Stay Decision on Attorneys' Fees entered by Judge Xavier Rodriguez. The Court has the inherent authority to manage its docket, including the power to stay proceedings. Whole Woman's Health v. Hellerstedt, No. A-16-CA-1300-SS, 2017 WL 5649477, at *1 (W.D. Tex. Mar. 16, 2017). The Court GRANTS Defendants' Motion and will issue its decision on Plaintiffs' 64 Motion for Attorneys' Fees and Costs after the Defendants file the required reports with the Court following the upcoming November Election. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)

Oct. 3, 2023

Order on Motion for Attorney Fees

Oct. 3, 2023

Text Order TERMINATING 64 Motion for Attorneys' Fees and Costs entered by Judge Xavier Rodriguez. The Court will stay consideration of Plaintiffs' Motion until after Defendants file the required reports following the upcoming November Election. The Court will then reopen the 64 Motion upon the filing of Defendants' advisory. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)

69 Oct. 6, 2023

MOTION -- Emergency Motion to Enforce re 62 Permanent Injunction, Terminate Motions by Larry Johnson, National Federation of the Blind of Texas, Amelia Pellicciotti, The Coalition of Texans with Disabilities, Wendy Walker. (Attachments: # 1 Exhibit A - Email_2023.09, # 2 Exhibit B - Email_2023.10, # 3 PROPOSED Order - Motion to Enforce Permanent Injunction)(Hill, Eve) (Entered: 10/06/2023)

1 Exhibit A - Email_2023.09

View on PACER

2 Exhibit B - Email_2023.10

View on PACER

3 PROPOSED Order - Motion to Enforce Permanent Injunction

View on PACER

RECAP
Oct. 6, 2023

Order on Motion for Miscellaneous Relief

Oct. 6, 2023

Text Order TAKING UNDER ADVISEMENT 69 Plaintiffs' Emergency Motion to Enforce the Court's Permanent Injunction entered by Judge Xavier Rodriguez. Plaintiffs' motion is set for a hearing on Thursday, October 12, 2023 at 8:30 a.m. via Zoom. Defendants' shall file their response, if any, on or before Tuesday, October 10, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 27, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three blind Texas voters and two organizational plaintiffs

Plaintiff Type(s):

EEOC 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

County

Bexar County

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

Other Dockets:

Western District of Texas 5:22-cv-00409

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Reasonable Accommodation

Issues

Disability and Disability Rights:

Disability, unspecified

Voting:

Election administration

Recommended Citation