Voting Rights Impaired: Alabama man fights voter suppression of people with disabilities
Eric聽Peebles聽can do聽so many things.听聽
He聽runs聽his own successful consulting business聽with聽nationwide reach.听He聽held聽a聽university聽faculty job聽and聽holds聽seats on two statewide聽boards. He gives advice to health care and consumer officials across his home state of Alabama, even though he struggles to breathe when he talks because of a condition聽called聽.听
For all the things聽he聽can do, there is one聽important thing聽he聽cannot, and that is to聽vote聽鈥撀燼t least not聽easily, simply and privately.听Especially during a pandemic.听
Since the聽COVID-19聽virus swept the country and the globe, Peebles聽鈥撀爓hose聽mobility impairment聽and its sedentary effects聽make聽him deeply susceptible聽to聽health problems related to the coronavirus 鈥撀爃as barely left his apartment complex聽in Auburn, Alabama. To limit transmission of the virus, no more than one聽of the five聽caregivers and three nurses who help him each week聽can be in聽his聽apartment with him聽at聽the same聽time. Just about his only respite is walking his dog, a chocolate Labrador who stays dutifully close to Peebles鈥 wheelchair on his聽outings.听聽
But to vote聽in any election聽in Alabama, Peebles, 39,聽must聽make a difficult decision. He must聽either聽take the considerable聽health聽risk of聽casting聽his聽ballot聽in person,聽or he must聽vote by聽absentee ballot,聽which would require him to invite聽two witnesses聽into his home to聽watch聽him sign his聽ballot, in violation of聽virus protocols from the Centers for Disease Control and Prevention. Or聽he聽must聽arrange for聽a special van聽and聽driver聽to take him to聽a notary public,聽who can witness his signature聽on his聽absentee ballot.听There is no curbside voting聽in Alabama.听聽
Sunshine of public scrutiny聽
Peebles shares these聽obstacles聽with聽thousands of voters聽who have disabilities聽in Alabama and other states.听The聽challenges are not new, but the聽COVID-19 pandemic聽has聽deepened聽them聽and聽鈥撀爄n聽a way聽鈥撀燽rought them聽into聽the light.听
鈥淪unshine is the great disinfectant for longstanding systemic injustices,鈥 Peebles said聽in a recent interview over Zoom,聽his background聽an聽image of the Golden Gate Bridge聽that聽he says reminds him of the wide world beyond his largely homebound life.听聽
鈥淭hese great聽obstacles we are seeing to voting聽right聽now for people like me just illustrate something that has been below the surface for most folks for many years,鈥 Peebles said. 鈥淰oting聽can聽empower people with disabilities to ensure their full potential,聽with autonomy and independence. The restrictions on voting for the disabled are聽just now getting the sunshine of public scrutiny.鈥澛
Together with Peebles, the聽Southern Poverty Law Center聽is聽trying聽to bring the challenges聽of聽voters聽with disabilities聽out of the shadows. Last year, along with聽other organizations,聽the聽人兽性交聽filed a聽federal lawsuit聽on behalf of Peebles and聽several聽other Alabama voters who require a safe alternative to voting in聽person at a polling place during the COVID-19 pandemic because their health conditions聽put them at聽higher risk聽of聽severe illness and death聽from the virus.听The 人兽性交 also represented membership and advocacy organizations聽including聽People First of Alabama, Greater Birmingham Ministries, the Alabama State Conference of the NAACP, and Black Voters Matter Capacity Building Institute.听
The suit was filed by聽the聽人兽性交;聽the NAACP Legal Defense and Educational Fund, Inc.;聽American Civil Liberties Union;聽ACLU of Alabama;聽Alabama Disabilities Advocacy Program;聽and O鈥橫elveny & Myers LLP.听聽聽
The suit聽won in聽federal聽district聽court, with the U.S.听District Court for the Northern District of Alabama聽ruling last September聽that聽both聽photo ID聽and notary witness requirements for absentee ballot applications and Alabama鈥檚 ban on curbside voting violated the constitutional rights of聽people with disabilities,聽as well as聽the Americans with Disabilities Act聽during the pandemic.听
Peebles wasted no time taking advantage of the district court victory. The day after the initial ruling waiving witness requirements,聽he voted by absentee ballot, mailing in his vote from the safety of his home.听聽
It was lucky for聽Peebles聽he聽did not聽wait any longer.听Alabama Gov.听Kay Ivey and Secretary of State John Merrill聽sought a聽stay聽of聽the聽district聽court鈥檚聽ruling,聽and it was granted.听Two weeks after the聽district court decision, the聽U.S. Court of聽Appeals for the 11th聽Circuit聽stayed the district court鈥檚 order聽enjoining聽the state鈥檚 witness and photo聽ID聽requirements聽but聽left in place the district court鈥檚 ruling allowing curbside voting.听The state sought a stay from the U.S. Supreme Court, and on聽Oct.听28, 2020,聽the聽curbside voting聽ruling was stayed as well聽by聽a 5-4 decision.听
For聽the聽人兽性交聽and聽Peebles, the Supreme Court聽stay聽was聽the beginning of the struggle, not the end.听聽
鈥淭he pandemic is still with us and there are still elections going on in Alabama. And the long-term problems of accessibility will still be with us when the pandemic ends,鈥澛爏aid Caren聽Short,聽the senior staff attorney聽for the聽人兽性交 who spearheaded the suit.听鈥淭hese burdensome requirements still exist, and whether we try to solve these problems with cooperation, or we pursue litigation, we will continue to look for ways to reduce the burdens on Alabama voters.鈥澛
There is no time to waste. With municipal and county elections聽coming up this year聽in聽jurisdictions聽across the state, 人兽性交聽staff聽hope聽to聽engage聽with聽the probate judges who run elections to improve the accessibility of polling places.听聽
County government buildings where polling places are set up are old and often fail to meet Americans with Disabilities Act standards.听Parking spots聽designated as 鈥渉andicapped鈥澛燼re often ad hoc, leading to a curb instead of a ramp, or to grass or gravel instead of a paved passageway that can be navigated with a wheelchair or a walker. Some ramps lead, infuriatingly,聽to stairs.听Some elevators are too small.听
A vote, not a label聽
Officials are聽often unaware of accessibility issues until they are pointed out.听
鈥淚 don鈥檛 want聽to聽go to a聽rural聽county聽with a small budget聽and say,聽鈥榊ou need to move polling places,聽you need to聽repave the driveways,鈥櫬燽ut there are a聽lot of聽accessibility聽improvements that聽can聽be聽made聽that are not that overwhelming, that probate judges can be thinking of,鈥澛爏aid Rachel Knowles, an outreach paralegal聽for聽the聽人兽性交. 鈥淲e鈥檙e trying to come up with ways to work with them and start them thinking about what changes can be made as soon as possible, and in the long term.鈥澛
Access to the ballot聽is a political necessity for聽all citizens, including聽the diverse population of people聽who聽live with illnesses and disabilities that make聽casting聽a ballot under current conditions in Alabama such a challenge.听For Peebles and other people with disabilities,聽the right to vote聽also represents freedom in its deepest sense.听聽
鈥淰oting is the one part of citizenship that is blind,鈥 Peebles said. 鈥淲hen I cast my ballot,聽no one knows whether it鈥檚 been cast by someone聽Black, 鈥 Brown, disabled, gay or straight.听It is聽the one facet of my life where I am not given a label. I am just a vote.鈥
Photo contributed by Eric Peebles