I think you are going to be as flabbergasted as I was when you read the letter I received in the mail today from the Town of Brighton (N.Y.) Justice Court. I filed a small claims case last week and here’s the letter I received in its entirety:
“Please be advised that the Court is not required to supply a hearing impaired intepreter for you at your small claim hearing on December 19, 2006. You will have to obtain one on your own.”
I went to my computer and wrote the following letter in record time:
November 22, 2006
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Disability Rights – NYAVE
Washington, DC 20530 Dear Sir or Madam:
I wish to file a Title III Complaint under the Americans with Disabilities Act against the Justice Court / Town of Brighton, 2300 Elmwood Avenue, Rochester, NY 14618.
I received a letter from the Court this morning telling me that I must bring my own sign-language interpreter to Small Claims Court next month. (A copy of their letter is enclosed.)
When I received this letter, frankly it made me furious. As a longtime deaf advocate, there is not a shadow of a doubt that the court is wrong and that in fact they are most certainly required to provide an interpreter under the Americans with Disabilities Act.
Now, not only do I have to worry about my Small Claims case, I am forced to fight a second battle to ensure that the Court complies with the ADA and does not violate my rights. This has caused me additional stress and I have been experiencing chest pains and elevated blood pressure since receiving this absurd letter.
The court needs the interpreter as much as I do, unless the judge is fluent in sign language, which I surely doubt. I will go to the hearing on December 19 and I am certainly not bringing my own interpreter and I will present my case in sign language and the Court had better be prepared to understand what I am saying.
My concern is that many deaf people are not fully aware of their rights and will receive a letter like this and think it is valid. I strongly object to the Court’s action, as they are either amazingly ignorant of their obligations or they are attempting to bully deaf people as a way of saving a small amount of money in interpreting fees.
I can’t believe in this day and age, we deaf people still have to fight such battles as this one. If we cannot trust the court system to comply with the federal ADA law, who can we trust?
Sincerely,
Tom Willard
cc:
Town of Brighton Justice Court
National Association of the Deaf
Regional Center for Independent Living
Rochester Democrat and Chronicle
Good for you!
What amazes me is not only that this Brighton district out of all districts demanded you to bring an terp but it is about by a courthouse out of all facilities! Unbelievable!!!
We both know that Brighton is one of the most well-funded district in Rochester yet it is claiming “hands-off” gesture thinking it is not required to meet the compliances of ADA or that these people are not educated enought about it.
Glad that you are able to write such complaint and share your message to CCers and on the blog. But like you said, deaf people don’t really understand their rights and tend to choose to accept this especially coming from the “word of authority”.
What can we do about this to get this message across? Blogs/vlogs, DRN, providing workshops in deaf clubs, etc. on an on-going basis is paramount. Keep it going!
Thanks, Carl and Barb, for the feedback.
Now, of course, I have to worry that the court will be biased against me for filing this ADA complaint and will be predisposed to find in favor of the other party just because I stood up for my rights.
Awesome letter. This is the best way to act toward this social injustice that has occurred. Please keep us posted.
I would suggest that when you go to court be ready. If there’s not an interpreter… bring a copy of the ADA section, line it in yellow highlighter marker, have a copy of your letter. If the judge complains, have the bailiff bring it to the judge. Then ask permission to leave and affirm that you will return when an alternative time is set up with an court interpreter, as you are interested in resolving the case. I suggest you write all this down in a letter, real professional like, sign it in front of the judge, and do what you are told. If your judge is dumb enough to arrest you for contempt of court, have a number ready for a lawyer.
I’m sure they WILL realize their mistake and provide an interpreter, but just in case, prepare for the worst case scenario. I don’t want to scare you, but better ready than be sorry.
Yes, Tom, your concern about the possible backlash of your case makes me wonder if you had pointed out the law to the Brighton court first before firing off a letter to Washington, D.C.???? As you well know, settling issues at their lowest possible level is the best thing to do so I was wondering…….did you?
It continues to amaze me that court like this would attempt to force you to bring your own “interpreter.” Your letter helps us to be more empowered in fighting back. Keep us posted on any latest development.
I’m the newly hired Deaf Systems Advocate who represents Rochester, New York, which is next door to Brighton. I agree that there are a certain number of people might not realize the enpowerment that they could have.
My agency has noticed the problem and they decided to give me the opporunity to make sure the ADA is enforced and deaf/hard of hearing people rights don’t get taken away.
Can you please email me at dderusso@rcil.org? So, we can work on this together? It’s easier as a team.
DT .. I understand what you mean but I was more concerned that this could be a systematic thing the court was doing and I wanted it to stop. I could address it directly with the local court and that might solve the problem with my own case, but what if the court continues to pull this stunt on other deaf people who may not be aware of their rights? The ADA has been in effect for over 15 years now and I don’t have any patience left for this kind of thing, especially with people who should know better. If you were mugged, would you try to reason with the mugger or would you go straight to the police and report the crime?
Tom,
One part of the letter is interesting:
“Please be advised that the Court is not required to supply a hearing impaired intepreter for you at your small claim hearing on December 19, 2006. You will have to obtain one on your own.”
NOTE it says “a hearing impaired interpreter”
Did you happen to request a CDI? That’s how I read the letter FROM the court.
Your letter indicates otherwise:
…” I must bring my own sign-language interpreter ”
Is the court playing dumb?
Aside from the comments already posted, I’d contact the COURT CLERK directly and make the request again. Just for the sake of doing it, and if THEY mess up, your case is even stronger!
Larry
Larry .. “Hearing impaired interpreter” is just the usual ignorance from hearing people about deaf-related issues and not knowing the right way to say things. When I filed the case, I communicated with the clerk through writing. At the end, I indicated that I’d need an interpreter and she responded in such a way like “Of course!”, as if it went without saying. This is Rochester, after all, a city that is supposed to be very enlightened about deaf issues. So I didn’t think it would be a problem at all … but then I got the letter today …. sigh …
Good for you, Tom. It’s not easy as I know from personal experience with filing an ADA case against my last full time employer. Ignorance is rampant. Try not to let it get to you emotionally and via your health. We need you! Happy Thanksgiving to you and your family. I am working part time every day with my two sons who operate a supplies and specialty company. Pretty good for a soon to be 76 year old, huh?? –Betty
Many courts are still woefully ignorant of their legal responsibilities under ADA, so kudos to you for educating them. Ignorance of the law is not an legitimate excuse. This should get their attention quickly.
Dang!
Let us know how it goes after you hear something from them…
gwlj
Tom,
I have done like this before. I got the letter from my OWN lawyer and I realized and I got in touch with my Deaf Services and copied the ADA and passed it to them. They finally provided one. Imagine that? They play dumb or avoid? Why do we have to work our ass off to send those information which was passed in 1990!
Ah.. I’m a deaf advocate in Washington State.. this is a common issue in many areas, not only in the courts but in medical and other legal situations. So we just have to keep “educating” these people.. some learn fast, some don’t. I just consider this “continuing education” for hearing newcomers who are exposed to our world and culture ! I know it is a pain to have to keep telling them over and over again.. but you are paving the way for the next deaf person who comes in and they will thank you for this whether they know you or not ! Instead of them “teaching us” how to “talk” in their world.. we are teaching them how to communicate with us in ours! That’s very empowering – right? I’ve won a lot of battles already.. on behalf of clients I work with.. yeah good teamwork does help! Good Luck..
The Center for Disability Rights offered to help with this matter and they asked me to call the court for a specific explanation. Here is what they court clerk said:
“This is a small claims hearing, it is not a criminal matter, and therefore there is no ADA in the courtroom and for civil matters the courts are not required to provide interpreters.”
How is that for a memorable quote: “There is no ADA in the courtroom.”
The following page on the National Association of the Deaf website makes it abundantly clear that the local court is misinformed:
http://www.nad.org/statelocalcourts
Kudos to you for pushing forward on this. But I agree with the others who urge you to ALSO write a follow up letter to the court educating them on the law (with highlighted ada section and also with the text from the nad link etc) with a cc of that letter to the doj. First of all, it might even help with the immediate situation. But also, it would significantly strengthen your case with the doj. They generally want to see you at least try to follow the appropriate process. Then, if the court does mess up again, simply document it and pass along that documentation to doj. They would become even more likely to follow up on your case (they can’t and don’t follow up on everything).
Hi Andrea .. Yes, I did send the court a copy of my letter to the DOJ and included a printout of the NAD page on local courts. But in all honesty, I resent having to “teach” them such basic stuff and I think the description of “playing dumb” is very apt. “Let’s tell the deafies they have to bring their own interpreter and see if we can get away with it.”
Ooooh – now I’m curious how this pans out. Do keep us posted.
Tom,
Bill them for your “consulting” services!
After all, your “consulting services” will be cheaper than a lawsuit!
Bully job, Tom!
I actually smiled when I read your post. Been there, done that–MANY TIMES!!! Keep fighting until you are the last Deaf man on Earth. If that day should come, you will still be swinging as you go down.
Live free, die well!
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I am not surprised at all at the Court’s ignorance. In Clarksville, TN, we even had a judge tell the deaf person that they wouldn’t be in court if they hadn’t got in trouble and therefore, they would have to provide their own interpreter! Can you believe that one?
What became of your court case? Did they finally provide an interpreter or what?
Yes, they did provide an interpreter. As I mentioned in a subsequent blog posting, they quickly reversed themselves by sending me a second letter saying the judge had decided to “grant my request” for an interpreter.
Hi.
Good design, who make it?
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