DOJ, CITY OF HENDERSON, NEVADA, REACH SETTLEMENT REGARDING LAW ENFORCEMENT COMMUNICATIONS AND THE HEARING IMPAIRED

FROM:  U.S. DEPARTMENT OF JUSTICE 
Monday, August 5, 2013

Justice Department Reaches Settlement with the City of Henderson, Nev. to Improve Law Enforcement Communications with People Who Are Deaf or Hard of Hearing

The Justice Department announced today that it has reached a cooperative settlement agreement with the city of Henderson, Nev. under the Americans with Disabilities Act (ADA).

The Justice Department received complaints by individuals who are deaf that officers for the city of Henderson did not provide them with qualified sign language interpreters and other auxiliary aids and services when needed for effective communication.  One of the complainants had been arrested and detained for two days in the Henderson detention facility, while the other was an alleged crime victim.  

During the course of its investigation into the allegations, the department inquired whether the city of Henderson would be interested in resolving the matter voluntarily. The city expressed its full commitment to ensure compliance with the ADA.

The resulting settlement agreement includes some model ways to ensure people who are deaf or hard of hearing are able to communicate effectively with law enforcement.  For instance, officers for Henderson will use a pictogram to ask whether a deaf or hard of hearing person requests a sign language interpreter: www.justice.gov/opa/images/sign-lang-small.gif .

Once the person expresses a need for a sign language interpreter, Henderson has agreed to provide one under most circumstances, usually within an hour of the request.

“People who are deaf or hard of hearing must be able to communicate clearly with law enforcement, whether they are crime victims, witnesses, arrestees, detainees or just members of the public,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division.

“This agreement provides an effective model for Nevada’s – and the nation’s – law enforcement communities to work with deaf and hard of hearing citizens.  The people of Henderson should be proud of their city’s leadership, including Mayor Andy A. Hafen and Police Chief Patrick Moers,” said U.S. Attorney for the District of Nevada Daniel G. Bogden.  “The commitments made by Henderson are simple and cost-effective; the city will be better able to protect public safety while complying with the Americans with Disabilities Act.”

Under the settlement, the city of Henderson will pay a total of $35,000 to the complainants.  In addition, it will renew contracts with qualified sign language interpreters to ensure ready availability, train law enforcement officers, staff members, and volunteers on the ADA, take additional steps to notify the public of the city’s ADA Coordinator, post signs indicating the availability of sign language interpreters and other auxiliary aids and services for people who are deaf or hard of hearing, provide text telephones and volume control telephones, modify its handcuffing policies for people who use sign language or hand writing to communicate, stock and provide hearing aid and cochlear implant processor batteries in the detention facility, and adopt other policies consistent with the ADA.

HHS DEDICATED TO EQUAL ACCESS FOR THE HEARING IMPAIRED

The following excerpt is from the Department of Health and Human Services website: 

HHS takes action to ensure equal access for the deaf and hard of hearing

"HHS’ Office for Civil Rights (OCR) has entered into a settlement agreement with Advanced Dialysis Centers in Randallstown Maryland (“ADC”), to ensure individuals who are deaf and hard of hearing have equal access to programs and activities as required under Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA).

This settlement follows an OCR investigation into a complaint filed by the sister of a deaf patient at ADC who alleged that the facility repeatedly failed to provide adequate sign language interpreter services essential to her brother’s understanding of important medical decisions and treatment options.

“Despite their right to equal access and opportunity to benefit from and participate in programs funded by federal dollars, individuals who are deaf and hard of hearing continue to face unlawful barriers to getting needed health services,” said OCR Director Leon Rodriguez.  “Section 504 and the ADA exist to ensure that individuals do not face discrimination in attempting to communicate with their health care providers.”

Section 504 prohibits disability-based discrimination by all health care providers that receive federal financial assistance. Where necessary to afford equal access to health care services, providers must provide free of charge to the deaf or hard of hearing person, auxiliary aids and services including sign language interpreters.

OCR found that ADC engaged in unlawful discrimination on the basis of disability by repeatedly failing to provide the patient who was deaf, a sign language interpreter while he was receiving treatment at the facility.  In addition, OCR also found that ADC did not have any policies or procedures in place to address how to communicate with patients who are deaf or hard of hearing, and had not developed resources or auxiliary aids to assist in effectively communicating with these patients.

ADC has agreed to take several steps to come into compliance with Section 504 and ADA, including ensuring patients are provided interpreters in a timely manner and drafting policies and procedures which ensure effective communication with deaf or hard of hearing patients and/or companions.  In addition, ADC has agreed to train all staff on their non-discrimination obligations and provide patients notice of their right to appropriate auxiliary aids and services free of charge and the process for filing and resolving grievances about such services."