Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

FRIDAY, MARCH 31, 2000

(202) 514-2007

WWW.USDOJ.GOV

TDD (202) 514-1888


HOUSTON POLICE, COURTS AND JAILS TO IMPROVE

COMMUNICATIONS WITH DEAF INDIVIDUALS UNDER
JUSTICE DEPARTMENT SETTLEMENT


WASHINGTON, D.C. -- The City of Houston will significantly improve the way its municipal courts system, police department and jail communicate with people who are deaf or hard of hearing, under an agreement reached today with the Justice Department.

"The City of Houston should be commended for working with us to develop a set of policies that will serve as a model for other cities around the country," Acting Assistant Attorney General Bill Lann Lee said. "It is vitally important that people who are deaf or hard of hearing are treated fairly by the courts and the criminal justice system in America."

The agreement stems from an investigation that the Justice Department began after receiving a complaint from a deaf man who had been arrested by the Houston Police Department. In his complaint, and in a subsequent lawsuit filed in federal court, the man alleged that when he was arrested, he did not know why he was arrested or where he was being taken because he could not communicate with any of the police officers. He further alleged that throughout the time he was held at the City jail he was not able to communicate with any jail officials.

During its investigation, the Justice Department became aware of a second lawsuit involving similar allegations. In that case, a deaf man who had been arrested by the Houston Police Department alleged he could not effectively communicate with the arresting officers. He stated that while he was held at the City jail, he was denied important medical treatments because the jail health staff did not call for a sign language interpreter. Additionally, the man claimed he was not provided with a sign language interpreter in several subsequent appearances before the Municipal courts.

Under the agreement, all three agencies will appoint ADA coordinators to work with the public and the agency's employees, to purchase telecommunication devices that enable people who are deaf to communicate effectively, and to train staff in how to operate the devices. In addition, the agreement sets out specifics requirements for each agency. For instance, the Houston Police Department will:

  • adopt a new "General Order" instructing police officers on how to interact with witnesses, victims and suspected criminals who are deaf or hard of hearing;

  • require that a qualified interpreter be called in any time a person who is deaf, and who needs an interpreter, is involved in a major accident, is suspected of a felony, is under arrest, is being given a test measuring alcohol consumption, or is giving a statement in a case; and,

  • provide training about the new procedures for every officer at the rank of sergeant and above, and ensure that the new General Order is discussed with every officer during roll call.

The city jail will:

  • inform all people under arrest, who are deaf or hard of hearing, that they have a right to auxiliary aids and services at every step of the criminal justice process;

  • maintain a list of qualified interpreters, who will generally be available within one hour of request; and,

  • ensure that there is effective communication between persons who are deaf or hard of hearing and the medical staff at the jail health clinic.

Finally, the municipal court system will:

  • adopt a new written policy guaranteeing appropriate auxiliary aids and services for participants in court proceedings, including parties, witnesses, jurors, and spectators;

  • provide information about these new policies on all official notices of court dates, including tickets, summonses, and other similar notices, and publish notices in legal periodicals that reach the City's legal community; and,

  • provide training on the new policies for every judge and court administrator.

The City denied the allegations in both complaints. Both men were represented by Advocacy, Inc. of Houston, Texas and National Association of the Deaf Law Center of Silver Spring, Maryland. The Justice Department, the attorneys for the two individuals, and the City together reached agreement on the new policies. The damages claims were resolved between the City and the two men without DOJ involvement. The attorneys for the two individuals and the City are expected to submit the agreement for court approval to resolve the two private cases.

Title II of the ADA requires state and local governments to ensure that communications with individuals with disabilities are as effective as communications with others. Auxiliary aids and services (e.g. qualified interpreters, assistive listening devices, written materials) must be provided to ensure effective communication unless it would result in an undue burden.

People interested in finding out more about the ADA or today's agreement can call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA home page at:http://www.usdoj.gov/crt/ada/adahom1.htm

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