Jury Trial Victory for Blind Business Owner
Yes, under the ADA, if a blind business owner comes to a government office to file her paper form, staff do need to read and write on official forms under her direction. That’s the jury verdict delivered by a federal jury in California against Alameda County on Tuesday, April 3, 2024.
In March of 2019, Lisamaria Martinez—who is blind—visited the Alameda County’s Clerk-Recorder’s Office (CRO) in order to file a government form to help her start her new small business. After the clerk informed her she needed to make changes so that the CRO could accept it for filing, Ms. Martinez asked for help with reading and writing on the correct form, reminding the CRO staff of their obligation under the ADA to assist her. The CRO refused to do so.
After first attempting to negotiate a fix, Ms. Martinez filed a disability discrimination lawsuit against the County in September of 2019.
After a weeklong trial, on April 2, 2024, a federal jury in San Francisco found the County of Alameda liable for discrimination.
Case-Related Images
Ms. Martinez is represented in this matter by Timothy Elder and Kristopher Nelson of TRE Legal Practice and Tomiyo Stoner of Undaunted Law. Michelle Korosy provided paralegal support. Albert Elia, now at CREEC, provided legal assistance earlier in the case.
Case Filings & Orders
Orders and other filings entered in the case.
- Amended Complaint for Discrimination in Violation of the Americans with Disabilities Act, California Government Code § 11135, and the California Disabled Persons Act (July 10, 2023), ECF No. 84.
- Order Denying Motion to Dismiss (Jan. 12, 2021), ECF No. 22.
- Jury Verdict finding the County of Alameda liable for disability discrimination (April 2, 2024), ECF No. 176.
- The full docket is available through CourtListener.
Additional Case Materials
Additional materials related to the case.
- Audio recording of Ms. Martinez requesting assistance at the CRO on March 29, 2019.
- Letter to Alameda County proposing structured negotiations (Nov. 14, 2019).
- Excerpts from the trial transcripts:
- Timothy Elder’s opening statement for Ms. Martinez.
- Tomiyo’s Stoner’s closing statement for Ms. Martinez.
- Timothy Elder’s rebuttal closing statement for Ms. Martinez.
Related Posts & Discussion
Posts & discussion related to the case.
- National Federation of the Blind, Blind Businesswoman Vindicated and Awarded over $30,000 by Jury in Federal Equal Access Case (Apr. 29, 2024).
- Jury Trial Victory for Blind Business Owner (Apr. 29, 2024).
- William Goren discusses Martinez v. County of Alameda (Feb. 15, 2021).
Case Citation
Martinez v. County of Alameda, Case No. 3:20-cv-06570 (N.D. Cal.) (filed Sep. 18, 2020).