Case Seeking Communication Access for Deaf People on Parole and Probation in Georgia Proceeds

ATLANTA — A case challenging the Georgia Department of Community Supervision’s (GDCS) failure to provide adequate communication access to deaf and hard of hearing people on probation or parole will proceed after a federal judge issued an opinion rejecting the department’s motion for summary judgment and granting plaintiffs’ motion for class certification.  

The American Civil Liberties Union, ACLU of Georgia, the National Association of the Deaf, the Disability Rights Education and Defense Fund, and Arnold & Porter represent impacted deaf and hard of hearing individuals in the case, Cobb v. Georgia Department of Community Supervision, and are seeking an order requiring GDCS to immediately provide American Sign Language interpreters, auxiliary aids and services, and reasonable modifications to deaf and hard of hearing people on parole or probation. 

“This case illustrates one of the many ways the criminal legal system fails people with disabilities. By neglecting their responsibilities under federal disability rights laws, Georgia deprives deaf people on parole or probation a fair chance to successfully reenter society and maintain their freedom,” said West Resendes, staff attorney with the ACLU’s Disability Rights Program. “The stakes could not be higher. People who cannot understand the conditions of their release or even communicate with their supervision officers risk being thrown back in prison for months or years because the system failed to make those supervision rules clear to them and failed to ensure that deaf supervisees have equal access to GDCS’ services as other supervisees.”

The Georgia Department of Community Supervision has a long history of failing to provide the required supports for deaf people and other people with disabilities. In our complaint, we detail how this failure often leads to an incorrect understanding of the conditions and requirements of their probation and parole, with potentially disastrous consequences. Our clients and others who cannot appropriately communicate with their parole officers or understand documents related to their release constantly face the risk of violating supervision terms and conditions that they are not even aware of, putting them in danger of incarceration. We also outline how this failure limits their ability to secure employment, maintain their health, and fulfill their basic needs.

“Georgia has the highest rate of people on probation or parole of any state in the nation,” said Andrés López-Delgado, ACLU of Georgia staff attorney. “The State owes it to deaf and hard of hearing people to provide them with the communication access they need to navigate this large and complex system. Our clients deserve nothing less.”

Brittany Shrader, NAD staff attorney shares, “Within the current structure of the criminal legal system, successful participation in and completion of parole or probation is necessary to ensure a seamless transition outside of incarceration; but without communication access, deaf and hard of hearing people are forced into a vicious cycle of undeserved punishment. This case seeks to break that cycle and allow deaf and hard of hearing people an equal opportunity to transition into and remain in the community.”

“Today’s ruling is a long-awaited and significant step forward for deaf and hard of hearing individuals on probation and parole in Georgia who have routinely experienced systemic communication failures that have wide-ranging impacts on their lives,” said Tyler Fink, associate at Arnold & Porter.  “We are dedicated to continuing to achieve equally effective communication and justice for these individuals.”

The lawsuit alleges the GDCS is violating the Americans with Disabilities Act, the Rehabilitation Act, and the United States Constitution.

  • Order denying defendant’s motion for summary judgment and granting plaintiffs’ motion to certify class
  • More details about the case

DAD Note: There was a video produced highlighting these issues in 2018 that resulted in such lawsuit like this one.  See https://www.youtube.com/watch?v=79CvYv4dCmw.  These problems are common everywhere including a Virginia lawsuit/settlement years ago.  DAD encourages you to speak up to make sure you get equal services! 

 

 

Study finds USMLE’s denial of accommodations requests by students with disabilities negatively impacts medical schools

Accommodation denials lead to school staff and student frustration, as well as loss of time and financial resources

Members of the Department of Family Medicine, along with an international team of researchers, have recently published a first-of-its kind study showing more than half of medical students with disabilities from a sample of U.S. medical programs were denied accommodations by the organization that administers the United Stated Medical Licensing Exam (USMLE) Step 1. Researchers found these rejections had detrimental impacts on students and the medical schools they attend.

Their paper, “Impact of USMLE step-1 accommodation denial on US medical schools: a national survey,”(link is external) was recently published in PLOS One.

Read on at https://medicine.umich.edu/dept/family-medicine/news/archive/202205/study-finds-usmle%E2%80%99s-denial-accommodations-requests-students-disabilities-negatively-impacts-medical.

 

Deaf Couple Turned Away When Seeking Marriage License Announce Lawsuit

 

On the 10th anniversary of the day they met, Joel Alfaro and Yusela Machado Silvente were dressed up and ready to become husband and wife when they visited the Duval County Clerk of Circuit Court’s office in October 2021, called again in August 2022, to receive their marriage license.   

To the couple’s dismay, the Duval County Clerk of Circuit Court’s office denied Joel and Yusela, who are both deaf, their marriage license because they didn’t bring a sign language interpreter with them to the clerk’s office.  This is a clear violation of their rights, specifically the Americans with Disabilities Act.

As disappointed as they were to be turned away on their special day, the couple’s sadness only deepened when they ran into complications while making many attempts to figure out what they actually needed to do before they could say ‘I do.’

A year later, the Clerk of Circuit Court in Duval County still hasn’t issued the couple a marriage license, so Joel and Yusela have yet to get married.

Joel and Yusela have now filed a lawsuit against the Circuit Court of Duval County and Clerk of Circuit Court Jody Phillips in an effort to ensure that other deaf couples do not endure the same unnecessary challenges that they have. 

The couple is represented by John Phillips of Phillips & Hunt, Mary C. Vargas and Michael S. Stein of Stein & Vargas, LLP and Marc Charmatz of the National Association of the Deaf.    

The couple and attorney John Phillips of Phillips & Hunt will address the media today at 11 a.m. at Phillips’ law offices, 212 N. Laura Street, 4th floor, Jacksonville, 32202.

A copy of the complaint, which was filed today in Duval County, can be viewed here.  

Source: https://www.nad.org/2022/10/04/deaf-couple-turned-away-when-seeking-marriage-license-announce-lawsuit.

DAD Note: Duval County is in Florida.