The Justice Department announced today that it has reached a cooperative
settlement agreement with the Arapahoe, Colo., County Sheriff’s Office
under the Americans with Disabilities Act (ADA).
This agreement is a companion to one reached on March 8, 2013, with the city of Englewood, Colo.
The Justice Department received complaints by individuals who are deaf,
the Colorado Association of the Deaf and the Colorado Cross-Disability
Coalition that officers for the city of Englewood and the Arapahoe
Sheriff’s Office were not providing qualified sign language interpreters
and other auxiliary aids and services when needed for effective
communication with people who are deaf, including arrestees, victims and
witnesses.
The department’s complainants had also filed a lawsuit based on the same allegations in federal district court, Lawrence et al. v. City of Englewood, et al.
While the department initiated investigations into the allegations
against Englewood’s police department and the Arapahoe County Sheriff’s
Office, and considered intervening in the private lawsuit, it also
reached out to the parties to see if there were grounds for a
cooperative resolution.
All parties, including city of Englewood’s Police Chief John
Collins and Arapahoe County Sheriff Grayson Robinson, expressed a
commitment to ensure full compliance with the ADA.
The resulting settlement agreements include 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 Englewood and Arapahoe County will
use this 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,
Englewood and Arapahoe have agreed to provide one under most
circumstances, often within an hour of the request.
“People who are deaf or hard of hearing need to be able to communicate
clearly with police and sheriff officers, whether they are crime
victims, witnesses, arrestees, detainees, or just members of the
public,” said Eve Hill, Senior Counselor to the Assistant Attorney
General for the Civil Rights Division. “Citizens of the City of
Englewood and Arapahoe County should be proud of their leaders. I also
have to express gratitude to the Colorado Cross-Disability Coalition and
the Colorado Association of the Deaf for their important work – and
creative problem-solving-- in this area.”
“Englewood Police Chief John Collins and Arapahoe County Sheriff J.
Grayson Robinson deserve our thanks and appreciation for their effort to
provide effective models for Colorado’s – and the nation’s – law
enforcement communities to work with deaf and hard of hearing citizens,”
said U.S. Attorney for the District of Colorado John Walsh. “I
strongly encourage law enforcement agencies throughout Colorado to
follow their lead and adopt these tried-and-true measures. Doing so is
simple, cost-effective, and will enhance law enforcement agencies’
protection of public safety while complying with the Americans with
Disabilities Act.”
Under the settlements, the city of Englewood and Arapahoe County will each pay $35,000 to the private plaintiffs.
In addition, they will enter into contracts with qualified sign
language interpreters to ensure ready availability, train their staff
on the ADA, appoint ADA coordinators, 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 their 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 policies
consistent with the ADA.
The private plaintiffs also signed these agreements, which
resolved the Department of Justice’s investigations as well as the
private lawsuit.
For more information on the ADA and law enforcement, visit www.ada.gov.
Those interested in finding out more about these settlements or the
obligations of law enforcement under the ADA may also call the Justice
Department’s toll-free ADA information line at 800-514-0301 or
800-514-0383 (TDD), or access its ADA website at www.ada.gov . ADA complaints may be filed by email to ada.complaint@usdoj.gov .
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