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The After-Dinner Chat

By Brad Williams
NYSILC Executive Director

On Friday, July 30, 2004, I had the privilege of introducing William Brown, the attorney who successfully litigated the Tennessee v. Lane case before the U.S. Supreme Court, at a conference sponsored by Taconic Resources, Inc. (TRI) at the FDR Museum in Poughkeepsie. He, in turn, spoke about the case from his perspective and then introduced George Lane - the primary plaintiff. Mr. Lane shared his ordeal with the large number of people in attendance. He spoke from the heart. It was a rare moment where timing and relevance unfolded. The event lived up to its billing.

On a personal level, I was extremely fortunate to be staying at the same hotel as both gentlemen the night prior to the event. Cynthia Fiore, executive director of TRI, set it up so I would connect with them for dinner, or perhaps a talk soon after. They opted for an early dinner. Mr. Lane, tired from the travel, felt it was best that he go back to his room to rest. I made eye contact with a man in the lobby on my way to the front desk. Once I checked-in, I spun around to find the same person, casually dressed, with his arm extend.

"Brad," he inquired.

"Yes?"

"Bill Brown."

"It's a pleasure to meet you," I replied. I shook his hand and smiled. Having never met the man before, he didn't look like anything I imagined him to be. I guess I expected to see a cross between William Wallace, the Scottish warrior portrayed by actor Mel Gibson in the movie "Braveheart," and Al Pacino (i.e., "And Justice for All," "Scent of a Woman"). Instead, "Bill" had a very calm demeanor about him with a reassuring sense of confidence.

"I'm going to check back in with George," he said with a mild Southern accent. "Why don't I meet you back here in the lobby after you settle yourself in your room."

"See you in a bit," I confirmed. We departed. I returned to find Bill molded into an easy chair. He seemed rather content. After confirming the logistics for his introduction, we engaged into a fascinating two-hour discussion of law and public advocacy. I listened intently, especially when he acknowledged the most crucial aspect of the case. It all came down to Justice Sandra Day O'Connor. She represented the potential swing vote. In their research, the Justice frequently expressed the belief that voting was the most fundamental right of an American citizen. These instances were often made in reference to the Suffragette movement. Brown's case soon became a quest of, "If voting is a fundamental right, then what about the ability to physically appear before a court of law?" In the end, Justice O'Connor sided with Bill Brown's reasoning to help render a 5-4 decision in favor of the Plaintiff. They could now sue the State of Tennessee in federal court for injunctive relief AND damages.

I was surprised to hear that Bill Brown was already aware of the situation we faced in New York regarding access to our voting rights. He encouraged us to change our focus. Rather than proceed as agencies with technical expertise seeking injunctive relief on voting access issues, it was time for individual citizens to record specific incidents when they were not afforded full access to vote.

"What we needed," Brown said, "Was a bunch of George Lanes'." Through this process, and the Lane precedent, we could establish that voting was a fundamental right and win back the ability to sue our state in federal court for injunctive relief AND damages. Ultimately, New York State must amend election law so that its citizens with disabilities have full access to voting machines, the ballot, and polling places.

We both stood up. It was time to go. Brown suppressed a yawn long enough to say, "My, it's been an awfully long day." He beamed with a Cheshire Cat grin. "Here's my business card…just in case you need to get in touch with me."

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