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State and local courts are required under federal law (as well as many state laws) to be equally accessible to deaf and hard of hearing people. Federal courts, according to a policy from the federal court administrator, must also provide accessible communication to deaf and hard of hearing people. Title II of the Americans with Disabilities Act (ADA) requires public entities, including state and local courts, to provide equal access to their programs and services. 42 U.S.C. §§ 12131-12134. Such public entities are required to “take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.” 28 C.F.R. § 35.160(a). Further, public entities must “furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.” 28 C.F.R. § 35.160(b)(1). These auxiliary aids and services include the provision of “qualified interpreters, notetakers, computer-aided transcription services, written materials,... or other effective methods of making aurally delivered materials available to individuals with hearing impairments.” 28 C.F.R. § 35.104. And to determine “what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.” 28 C.F.R. § 35.160(b)(2). Deaf and hard of hearing people may not be charged for the costs of such auxiliary aids or services. 28 C.F.R. § 35.130(f). More information about the obligations of state and local courts to provide communication access to deaf and hard of hearing clients is available at the website of the National Association of the Deaf (NAD). Federal courts must comply with a communication access policy developed by the Judicial Conference of the Administrative Office of the United States Courts. This policy requires the federal courts to “provide reasonable accommodations to persons with communications disabilities” without charge to such persons. To get a copy of this policy, please contact MCLD. Judges and other court officials may contact MCLD for more information. |
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The information provided on this page was prepared by the Midwest Center on Law and the Deaf as a resource and information guide, and is not legal advice. Persons reading this website are encouraged to consult an attorney or an enforcement agency for legal advice on how specific laws may apply to a particular situation. MCLD can assist you in locating the appropriate attorney or enforcement agency. Midwest Center on Law and the Deaf, Chicago, Illinois, USA © MCLD 1999-2003. All rights reserved. |