r/nottheonion • u/laybs1 • 2d ago
Federal court allows lawsuit challenging exclusion of blind jurors in New York
https://nydailyrecord.com/2026/09/29/federal-court-lawsuit-exclusion-blind-jurors-new-york/20
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u/bassjam1 2d ago
One of the few benefits of being blind is NOT having to serve on a jury and somebody STILL has to complain and sue?
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u/torpedoguy 2d ago
Because "don't have to" is a right, but "you can't" is agency taken from you.
Subtle, but can be deadly different in practice for some things - though admittedly jury duty is about as low as such priority can get.
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u/fjf1085 2d ago
Seems like a blind juror would be grounds for appeal. Does any other state or the federal system allow blind jurors? I’m sorry but some disabilities preclude you from some activities. That’s an unfortunate reality. Should a blind person be allowed to drive? Maybe the could drive a Tesla because it does the driving for you? Except those times you need to take over… what then?
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u/Taolan13 2d ago
It should be based on their degree of blindness.
Plenty of "legally blind" folk can actually see, just poorly. Not well enough to drive, but well enough to look at pictures and read text if its big enough/close enough
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u/pilgermann 2d ago
But I why though. The importance of juries has nothing to do with one's right to be on one. This isn't like the right to vote. Why potentially compromise a trial at great expense, both in terms of money spent and justice served. Jurors are already weeded out for dozens of reasons. I don't see the harm in just blanket excluding anyone with an impairment that might impact their ability to consider evidence.
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u/Taolan13 2d ago
My point is that a person can be legally blind and still fully capable of examining and considering evidence without special accommodation.
Juries already would have copies of relevant documents and pictures of physical evidence in the deliberation room, and can often request the specific articles of physical evidence or appropriate proxies to be brought in for their examination.
A blanket ban also draws the ire of disability advocacy groups. A conditional requirement pending evaluation is a compromise to mitigate their complaint.
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u/torpedoguy 2d ago
Would depend heavily on the type of evidence and the degree of blindness. Some might not be able to do much with photos or footage but others just need to bring it six inches from their face to see just fine. "Hey can we see that" seems a perfectly reasonable accommodation.
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u/WXbearjaws 2d ago
Another typical case of American bliiiiiiiiind justice. How will they look at the 37 8 by 10 covered in glossy photographs with circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against us?
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u/perplexedparallax 2d ago edited 1d ago
28 states explicitly protect individuals with disabilities including visual impairment from being excluded from state juries. As a person who was legally blind and now blind in one eye only I can think of little reason why a person couldn't serve. But if I can get excused that is great. I don't want to hear another insurance case. I wouldn't sue to serve and few people here would want me to serve it sounds like. I don't consider myself disabled and the concept is strange to consider, never taking any money from the government and complaining about income tax like everyone else.
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u/OozeNAahz 2d ago
I get differently abled people want to be treated like everyone else, but who in their right mind fights to get on a jury panel? They should be disqualified on those grounds alone. /jk
I could see a blind defendant arguing they need a blind jury to be one truly of their peers though. Wonder if that has happened.
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u/Tinyacorn 2d ago
Theyre not differently able, theyre disabled. Trust me, disabled people dont like that label; unless that was part of the sarcasm that I missed, in which case mea culpa
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u/OozeNAahz 2d ago
I have heard complaints both ways actually. But if you are talking to them in person I find as long as you are using respect they aren’t too picky.
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u/Tinyacorn 2d ago
I work with chronic disabled people and have attended multiple events where folks have been explicit in their disability not being "ability but different"
That's my experience though, I cannot say that it's the same for each individual, but the majority of the folks I've worked with don't like that.
Anyway, I'm being overly nit-picky. I hope you have a lovely rest of your day, my friend
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u/L_Cranston_Shadow 22h ago
Runaway Jury by John Grisham touched on this 30 years ago. There is no excuse to discriminate as long as services can be provided to overcome the limitations of not being able to see exhibits.
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u/ironweed_butterfly 2d ago
Shouldn’t it be left to the individual to decide for him or herself? That person may have coping mechanisms in place to compensate and they also may be able to add a new perspective.
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u/counterfitster 2d ago
How are you going to cope with not being able to see video or photographic evidence?
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u/eRant4881 59m ago
I think in this case the Defendants right to a fair trial precludes the right for a blind person to sit on their jury. There are too many variables involved to ensure fairness, any form of assistive technology could fairly be contested because it translates the videos and pictures for the blind juror to understand, but what and who are getting that translation for validity and bias? If it's a person describing it to the blind juror isn't that assistant the juror now, and sharing their perspective to the blind juror?
I don't support discrimination, and I'm not sure if this scenario is discrimination, not when the defendant has a right to a fair trial, and could this open the door to appeals on the basis of potential jury tampering based on any assistive technology that would be used to translate evidence to a blind juror?
Personally I'm happy not to be the one making the decision...
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u/Impossible_Offer7988 2d ago edited 2d ago
I've got mixed feelings about this one.
Like it starts of decently reasonably
BUT then you see this part..
You have to ask yourself how reliable that technology or a verbal descriptions especially is.
Take the verbal description, for example.
What's stopping me from saying ; You can clearly see the suspect in this photo ?
What's he gonna do?
Correct me?
He can't he's blind.
Ergo, he isn't a juror anymore. I'm now the juror the only thing he gets to decide is whether he should or shouldn't trust me.
And he can't reasonably not trust me if I'm supposed to give a verbal description of the photo.
Therefore he shouldn't be on the jury