Federal civil rights suits say sign-language interpreters required by ADA are often lacking
A quarter-century after the Americans with Disabilities Act was OK’d by Congress in 1990, noncompliance is still a problem.
However, a stream of litigation seeking to enforce ADA requirements is gathering force, and a spate of recent suits addresses a claimed lack of sign-language interpreters for the deaf in a variety of contexts.
A federal lawsuit filed Wednesday against a Tennessee hospital alleges it failed to provide a qualified interpreter to inform parents about the condition of their dying 21-year-old daughter, reports the Associated Press.
Last week, high school wrestler Ellis Kempf filed a federal suit against the Michigan High School Athletic Association. The sign-language interpreter he was provided was of little use to him during matches, he says, because the interpreter was required to stay stationary.
Ordinarily, Kempf wears cochlear implants, but he can’t do so while participating in contact sports, reports MLive.com. So, to hear his coach’s instructions while he is wrestling, he needs to be able to see his sign-language interpreter, explains his lawyer, Jason Turkish of Nyman Turkish, who is handling the case on a pro bono basis.
“What the MHSAA is saying makes absolutely no sense,” contends Turkish. “They’re saying that Ellis can have an interpreter, but an interpreter that he can’t see. You have to be able to see a sign language interpreter in order to use it. What do they want him to do, to tell his opponent, ‘Hang on one second, let me turn around and look at my sign language interpreter, don’t come at me quite yet’? It’s ridiculous. It makes no sense.”
Representatives of the MHSAA and Kempf’s high school declined to discuss the case specifically but are working to resolve it, according to MLive.com and USA Today.
Federal litigation filed last month includes a suit by a New Jersey man who says a Newark judge shouted at him when he unsuccessfully sought an interpreter and a Philadelphia suit against United Parcel Service.
The UPS suit says the company failed to provide an interpreter needed by an airport package handler, reports the Philadelphia Daily News. While he can do his job without the interpreter, he needs translation at meetings to keep him informed about company matters.
“It is a sad reality that deaf individuals continue to experience blatant discrimination on a routine basis,” said lawyers for a woman who won a $750,000 settlement from the New York police department in October.
Plaintiff Diana Williams, 58, initially called police herself for help dealing with a tenant, but was arrested and held overnight without ever having a chance to tell her side of the story, reports the Huffington Post. No actual charge resulted from the arrest.
William “hopes that the settlement will send a message to all law enforcement agencies across the country that they should adopt proper policies and procedures to ensure full communication access for deaf individuals,” her counsel said in a written statement.
Related coverage:
ABAJournal.com: “7th Circuit OKs deaf teen’s suit against Girl Scouts over lack of sign-language interpreter”
ABAJournal.com: “Deaf man who pleaded guilty to iPad theft that didn’t occur moves ahead in civil case”
Accessibility Defense: “Dentists, Doctors and the Deaf—The next wave of ADA lawsuits”
See also:
ABA Journal: “The biggest hurdle for lawyers with disabilities: preconceptions”
