National Coalition for Students with Disabilities Education & Legal Defense Fund v. Scales

150 F. Supp. 2d 845, 2001 U.S. Dist. LEXIS 9528
CourtDistrict Court, D. Maryland
DecidedJuly 5, 2001
DocketCivil Action No. AW-00-3309
StatusPublished
Cited by8 cases

This text of 150 F. Supp. 2d 845 (National Coalition for Students with Disabilities Education & Legal Defense Fund v. Scales) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Coalition for Students with Disabilities Education & Legal Defense Fund v. Scales, 150 F. Supp. 2d 845, 2001 U.S. Dist. LEXIS 9528 (D. Md. 2001).

Opinion

MEMORANDUM OPINION

WILLIAMS, District Judge.

Plaintiff, the National Coalition for Students with Disabilities Education and Legal Defense Fund (“NCSD”) brings this action to challenge the voter registration procedures established by the Office of Disability Support Services (“DSS”) at the University of Maryland at College Park (the “University”). Defendant Williams Scales is the Director of DSS. Defendant C.D. Mote is the President of the University. Currently pending before the Court is Defendants’ Motion to Dismiss the First Amended Complaint, or in the alternative for Summary Judgment. The motion has been fully briefed by all parties. No hearing is deemed necessary. See Local Rule 105.6. Upon consideration of the arguments made in support of, and opposition to, the respective motions, the Court makes the following determinations.

I. FACTUAL BACKGROUND

A. The National Voter Registration Act of 199S (NVRA)

Congress enacted the National Voter Registration Act of 1993 (NVRA), 42 [847]*847U.S.C. § 1973gg et seq. “to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office” and “to ... enhanee[ ] the participation of eligible citizens as voters in elections for Federal office.” 42 U.S.C. § 1973gg(b). To effectuate its goals, the NVRA requires states to establish a simplified system for voter registration in federal elections by mail, at state offices designated as voter registration agencies (“VRAs”), and on driver’s license applications. See id. § 1973gg-3. The NVRA delineates the manner in which these systems must operate, the kind of information required on voter registration forms, and the procedures by which states may remove citizens from the federal voter rolls. See id. §§ 1973gg — 3(c)(2); 1973gg-6(a)(3)(4); 1973gg-7(b).

Since its enactment, several states have mounted challenges to the NVRA and, each time, the federal courts have upheld the validity of the law and ordered state compliance with its express provisions. See National Coalition for Students with Disabilities Educ. and Legal Defense Fund v. Gilmore1, 152 F.3d 283 (4th Cir.1998); Association for Comm. Organizations for Reform Now (ACORN) v. Miller, 129 F.3d 833 (6th Cir.1997); Voting Rights Coalition v. Wilson, 60 F.3d 1411, 1412 (9th Cir.1995), cert. denied, 516 U.S. 1093, 116 S.Ct. 815, 133 L.Ed.2d 759 (1996); ACORN v. Edgar, 56 F.3d 791 (7th Cir.1995). Particular to the case at hand is the requirement that “[e]ach State shall designate as voter registration agencies ... all offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities.” 42 U.S.C. § 1973gg-5(a)(2)(B). By statute, in addition to the services normally rendered, these mandatory VRAs must provide the following services: (i) distribution of mail voter registration application forms; (ii) assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance; and (iii) acceptance of completed voter registration application forms for transmittal to the appropriate State election official. 42 U.S.C. § 1973gg-5(a)(4)(A). In Gilmore, the Fourth Circuit held that state-funded offices .of public universities that offer “programs primarily engaged in providing services to” disabled students “qualify for designation as voter registration agencies under § 42 U.S.C. § 1973gg-5(a)(2)(B).” 152 F.3d at 293. Defendants concede that, under this holding, DSS is properly designated as a mandatory VRA.

NCSD is a non-profit advocacy group committed to promoting educational opportunities for and the legal rights of students with disabilities. Its members consists of students with disabilities and other concerned parties similarly dedicated to its goals. According to Plaintiffs Amended Complaint, a blind student, Erica Tracy, entered DSS and requested assistance in registering to vote in the November of 2000 federal election. The DSS office informed her that no voter registration forms were available and that the office did not provide voter registration assistance. The Amended Complaint does not allege that Ms. Tracy was a student at University of Maryland. According to the [848]*848amendment complaint, approximately 21 disabled students registered at the University of Maryland were not distributed voter registration forms or offered voter registration assistance in accordance with the NVRA. It is NCSD’s position that, as a mandatory VRA, DSS is required to offer voter registration services and assistance to all students with disabilities each time they apply for services, renew, or re-certify their services, or submit a change of address. Thus, in response to Ms. Tracy’s complaint, NCSD brought this action seeking declaratory relief that the DSS is not in compliance with NVRA and an injunction to compel DSS to conform its conduct to the requirements of the law.

II. DISCUSSION

Seeking dismissal pursuant to Fed.R.Civ.P. 12(b)(6), the Defendants’ motion attacks the standing of the Plaintiff and the viability of the asserted claims in the complaint. Defendants frame their motion as a motion to dismiss, or in the alternative motion for summary judgment. The Court notes that discovery has not commenced in this action. Ordinarily, “[a] district court should refuse to grant summary judgment when an opposing party needs additional time to complete discovery and properly respond to the motion.” HealthSouth Rehabilitation Hosp. v. American Nat. Red Cross, 101 F.3d 1005, 1009 (4th Cir.1996). The availability of additional time for discovery is predicated upon the nonmoving party complying with the requirements of Rule 56(f). See Fed. R.Civ.P. 56(f); Evans v. Technologies Applications & Service Co., 80 F.3d 954 (4th Cir.1996). To avoid or delay summary judgment to conduct discovery, a plaintiff needs to submit an affidavit stating why certain evidentiary facts could not be presented with its motion. See Fed.R.Civ.P. 56(f); Pine Ridge Coal Co. v. Local 8377, United Mine Workers of America, 187 F.3d 415 (4th Cir.1999).

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NAT COAL. FOR STUDENTS WITH DISABILITIES v. Scales
150 F. Supp. 2d 845 (D. Maryland, 2001)

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Bluebook (online)
150 F. Supp. 2d 845, 2001 U.S. Dist. LEXIS 9528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-coalition-for-students-with-disabilities-education-legal-defense-mdd-2001.