Sara Selvaggi Hernandez’s new favorite phrase is “very organized.”
Those two words, handed down Friday by a federal judge in U.S. District Court in Bridgeport, closed the latest chapter in Hernandez’s 4-1/2-year legal battle to prove that the city of Enfield and its school board violated her civil rights by failing to accommodate her disability while she was on the board.
In January, a jury found the town and board had violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, and ordered them to pay Hernandez, who is hearing impaired and autistic, $10 in nominal damages. But this week, Senior U.S. District Judge Stephen Underhill gave Hernandez what he’d wanted all along: policies and reforms to prevent the violations from happening again.
Underhill granted Hernandez’s motion for declaratory relief and injunctive relief, permanently enjoining Enfield and its board of directors from discriminating against Hernandez and other people with disabilities.
Hernandez said the case and ruling represent a “continuation of the civil rights movement” for the disability community.
“In Enfield, and hopefully across the country, people will know that we are equally important in all aspects of government and that it is the responsibility of local governments to make sure that access is protected,” Hernandez said. “To me, this is an issue beyond party, this is an issue of humanity, this is an issue of truly diverse representation. And I’m proud of this change and excited to see that representation widespread.”
Among other measures, the judge’s order requires Enfield and the board to develop policies and procedures “to enable individuals, including elected officials, to request and obtain” assistive devices, services and reasonable modifications for people with disabilities. It also creates a system by which individuals seeking such accommodations “may submit a complaint to a neutral third party if their request is denied.”
“In issuing this order, the court reiterated the message issued by a federal jury in January: people with disabilities have a right to equal participation in government and to express their views,” Anthony May, an attorney representing Hernandez, said in a statement Tuesday. “We are pleased that going forward, the town and board will have to take meaningful steps to ensure that diverse voices are part of the political debate and that citizens’ rights are protected.”
“Inclusion of all people, all bodies, all minds”
Sara Selvaggi Hernandez, of Enfield, in front of Enfield City Hall on Friday, Jan. 19, 2024. (Aaron Flaum/Hartford Courant)
Hernandez ran for and won a seat on the Enfield School Board in 2017, becoming one of the first openly autistic elected officials in the country.
Hernandez said that during her two-year tenure, other directors repeatedly rejected her requests for disability accommodations, which included communicating in writing or by text, taking notes during meetings and asking speakers to turn their heads when Hernandez addressed board meetings so they could read her lips.
Hernandez said the board’s hostility came to a head during an incident in June 2019, in which Hernandez found himself blatantly denied accommodations.
“It was actually debilitating,” Hernandez said. “When you don’t get the benefits you deserve, a lot of people see it as an extra, but it’s actually about equality and access.”
“Personally, I was frustrated because I felt like I wasn’t doing the work that I could have done with all this support and accommodation. But I was frustrated[a lot of times]because I didn’t know what to expect. I didn’t know how my disability could be used against me,” Hernandez added.
Hernandez said the mental fatigue, anxiety and distress caused by the situation consumed her “mind, body, mind and soul,” eventually leading to what she called a “period of inactivity.”
Hernandez said he wanted to “enable people to participate in the (democratic) process” without having to go through the kind of accommodation denials and legal battles he faced.
“Nobody should have to work this hard,” Hernadez said, “so let’s talk about ways we can be more inclusive. Let’s talk about changes we can make to stop this from happening in your towns and your communities.”
Hernandez emphasized that members of the disability community make up the largest minority group in the country, and she said she wants to spread the message that “there is a place for you” and encourage people with disabilities to “have their place” not only through the right to vote but also the right to run for public office and “have individual representation in government.”
“When I talk about democracy, when I talk about community, when I talk about people, I want to emphasize in everything I do that you belong here, that your ideas, your opinions, your perspectives are valuable, and you deserve to be heard in the way that you communicate, and it’s not up to someone else to decide how or what tone you communicate,” Hernandez said. “You have the right to speak and to be heard. It’s literally your First Amendment right.”
In January, after the jury returned its verdict, Hernandez told the Courant that he would consider running “if that process were available to him.”
After the judge’s order, Hernandez said that if asked by his community to run again, he would be “honored and humbled” to promote “inclusion for all people, all bodies and all minds.”
“I believe in the power of political office and in democracy, and if the opportunity arises and I feel it’s the right thing to do, I would definitely run again,” Hernandez said.
“I’ve built a great community for myself, and taking this sentence home to my community will make us even stronger,” Hernandez said. “We are stronger together.”
Enfield Mayor Ken Nelson Jr. declined to comment on the ruling. Nelson said he didn’t want to discuss pending litigation if the town appeals the ruling.
The Courant reached out to Karsten & Tallberg, the law firm representing the city of Enfield in Hernandez’s lawsuit, but did not receive a response.