Hoffard v. Cochise, County of et al

Filing 14

First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing by Kathleen Hoffard. (Attachments: # 1 Text of Proposed Order)(In, Tamaraingsey)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
Case Number: 4:20-cv-00243-SHR
Kathleen Hoffard,
Plaintiff,

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vs.

[PROPOSED] ORDER GRANTING
MOTION FOR PRELIMINARY
INJUNCTION

Cochise County, Arizona; Lisa Marra,
in her official capacity as Director of (Assigned to the Hon. Scott H. Rash)
Cochise County Elections
Department,

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Defendants.

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Before the Court is Plaintiff Kathleen Hoffard’s (“Hoffard”) Motion for

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Preliminary Injunction against Defendants Cochise County (Arizona) and Lisa Marra, in

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her official capacity as Director of Cochise County Elections Department (collectively,

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“Cochise County”). For the following reasons, Hoffard’s motion is granted.

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I.

Findings of Fact

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Plaintiff has spinal stenosis (lumbar and cervical spondylosis), rheumatoid

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arthritis, osteoarthritis, spondylolisthesis of the lumbar region, and degenerative disc

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disease. As a result of these conditions, Hoffard is substantially limited in the major life

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activities of standing, walking, and musculoskeletal function. She also takes medication

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for treatment of the arthritis that suppresses her immune system. She is a registered voter

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in Cochise County who desires to cast a vote in-person using curbside voting or a

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substantially equivalent reasonable modification, on Election Day at one of Defendants’

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Vote Centers in the November 2020 General Election.

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Plaintiff is likely to succeed on the merits of her claims under the Americans with

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Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act (“Section 504”), and the

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voting provisions of the Arizona Civil Rights Act (“ACRA”), because Defendants

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discriminate against her and other voters based on disability by not providing a reasonable

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modification of curbside voting, or a substantially equivalent reasonable modification, for

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qualified individuals with disabilities who wish to participate in in-person voting on

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Election Day.

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Absent a preliminary injunction, Plaintiff and other voters with disabilities will

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suffer irreparable harm in the General Election in November 2020. Specifically, Plaintiff

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will be forced to navigate the parking lot and Vote Center despite significant pain in

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walking and standing and, unlike in prior years, the absence of a preliminary injunction

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forces Plaintiff to risk exposure to COVID-19 at a County Vote Center to exercise the

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right to cast a ballot by in-person voting.

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The balance of equities supporting the grant of preliminary injunctive relief tips in

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favor of Plaintiff. In the absence of a preliminary injunction, Plaintiff and other voters

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whose disabilities place them at greater risk of serious health complications or death from

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COVID-19 will suffer injury to their right to equal access to voting on election day when

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there are rapidly deployable, free or limited cost ways to provide curbside voting as a

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reasonable modification for qualified individuals with disabilities.

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The public interest is in upholding the right of Plaintiff and other voters with

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disabilities to have equal access to the in-person voting program, especially considering

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the ongoing COVID-19 pandemic.

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II.

Conclusion
For the foregoing reasons, Hoffard is entitled to the preliminary injunction order

sbe seeks. The Court will not require Hoffard to post bond.

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IT IS ORDERED that Kathleen Hoffard’s Motion for Preliminary Injunction
(Doc. __) is GRANTED as follows:
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Cochise County is enjoined from continuing its blanket ban on curbside

voting;
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Cochise County is ordered to provide the reasonable modification of

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curbside voting, or a substantially equivalent modification to voters with disabilities who

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intend to vote in person on November 3, 2020, pursuant to Title II of the Americans with

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Disabilities Act, Section 504 of the Rehabilitation Act and A.R.S. § 41-1421(B);

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3.

On or before Tuesday, October 27, 2020, Cochise County shall implement

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an effective remedial plan to provide notice to qualified electors that the unlawful blanket

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ban of curbside voting has been lifted and that curbside voting or a substantially

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equivalent modification is available as a reasonable modification for an individual with a

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disability under the Americans with Disabilities Act, Section 504, and A.R.S. § 41-

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1421(B), including, but not limited to, providing necessary instructions and equipment to

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its poll workers for providing curbside voting, and revising its public documents, Cochise

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County’s Poll worker’s Training Handbook and Cochise County AZ: Elections FAQ.

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Dated this ____ day of October, 2020.

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