NAD Position Paper on Communications Access in Law Enforcement Situations - Part 2

Here's part one

The National Association of the Deaf (NAD) has published these settlement agreements on its website (www.nad.org/infocenter/infotogo/legal), and we invite law enforcement personnel throughout the United States to view these model policies and incorporate them into their existing practices and procedures. We welcome any comments and questions; these should be directed to the NAD Law Center at 301-587-7730 V/TTY or 301-587-1791 FAX.

Prepared by the NAD Law Center
Approved by the NAD Board of Directors October 7, 2000

http://www.nad.org

Reader Response

Editor: In Volume 5 Issue 4 we published an article entitled "NAD Position Statement on Communication Access by Law Enforcement Personnel with Deaf and Hard of Hearing Individuals". One of our readers - let's call her Linda - sent me an email describing a horrifying experience she had with her local police department. She was kind enough to let me share her experience with you. This is the kind of story that law enforcement agencies need to consider when they develop policy.

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The issue of contact with law enforcement officers is something that I'm very familiar with. I had an experience this summer that terrified me; perhaps this issue is something the Commission could review, in terms of developing and recommending a model for agencies all over the U.S.

The incident was bizarre. I live in a 7th floor apartment across the street from a local suburban police department. One Sunday night, around 10:00PM, I was lying on my living room sofa watching the close-captioned news; I did not have my hearing aids on. (I rarely do when home alone, since I'm able to hear the loud telephone ringer without any aids.)

All of a sudden, I saw a very bright light flashing on my dining room wall. I jumped up to see where the light was coming from, and as I came to my apartment door, I screamed....The previously locked door was wide open, and there were two police officers and six firefighters standing in the entrance, with one police officer holding a flashlight. I was standing there in a nightgown, and with no hearing aid. I could not imagine what was going on. I walked to the door and was told by the police officer that they had knocked on the door. Since no one answered, they had to open the door in case someone was incapacitated inside! I said I would be right back; I closed the door, went to get my hearing aid and a bathrobe, and returned to the door. The officer said that the Police Department had gotten complaints about a loud noise coming from my apartment. I knew it wasn't my TV since there was no sound on. He said it was my air conditioner! I went to the air conditioner and turned it off. I asked why no one called to tell me, and he said that they didn't have my phone number!

This incident was very disturbing and traumatizing, and, to this day, I keep the chain on the door at all times. I called the Police Chief (whom I know) to complain. I suggested that the Department develop some kind of protocol or procedure for dealing with persons with hearing impairment. He said that his officers did nothing wrong and there was nothing which could be done!

I did do some initial research on my own to see if I could find any policies in place in other jurisdictions, but I struck out. I really feel that this incident was a gross violation of my civil rights. There was no criminal activity, and the only "crime" I was guilty of was that I could not hear my apartment's noisy air conditioner.

It is my hunch that this is an area which might be worthwhile pursuing and that other persons are having their rights against breaking and entering violated by local police agencies for insignificant reasons - because they cannot hear a police officer knocking on the door!

Reader Response to Reader Response

Editor: Last week we published Linda's story about her unpleasant police encounter. She sent her story in response to a story entitled "NAD Position Statement on Communication Access by Law Enforcement Personnel with Deaf and Hard of Hearing Individuals", which we published in Issue 4. Here's a response to Linda from another reader. She believes that the police response was appropriate, and that a visual door alerter could prevent these and similar unpleasantries. Here are Sally's thoughts.

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Linda,

From your description of the situation, it seems that you (your air conditioner) was disturbing the peace. The policemen have the right and the duty to deal with such situations. They tried to contact you by knocking on the door. When you didn't answer, they did what they had to do: they entered the apartment to investigate.

What would you suggest they do instead? Give up and go home? Tell the neighbors to live with the racket? Suppose the reason you didn't answer the door was because you were out of town for two weeks? Would you expect the neighbors to put up with that racket for two weeks? Of course not! The police did what they had to do.

You can avoid this kind of problem in the future by getting a flashing light signaler or a loud buzzer for your front door. There are times when knowing that someone is at the door may be convenient -- for example, when friends are coming over. Or someone is making a delivery. At other times, it might save your life to know that someone is at the door -- for example, if there's a fire in the building, and you need to be told to get out.

So do yourself (and the cops and the firemen) a favor: buy yourself a front door signaler or loud buzzer. It can save you aggravation and possibly even save your life.

Sally

Police Officer Works to Improve Communications with People with Hearing Loss

Editor: I've recently had an email conversation with Officer Randy Melton of the Houston Police Department. One of our readers shared with him some of the recent articles regarding relationships between people with hearing loss and the local police. Randy has developed an "Emergency Signup Form" and some protocol regarding how it should be used. He is actively encouraging other police departments to adopt this or a similar system in an effort to eliminate some of the horror stories that continue to occur all to frequently. If you'd like to get something like this going in your neighborhood, please contact Randy. Or, better yet, take the contact information to your local police and ask them to contact him. Here's a little bit about Randy and the system he uses.

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I have been a law enforcement officer for 28 years now and 14 years has been spent working with the deaf and hard of hearing communities. I found a very simple way to take some of the fear out of having a police, fire, or ambulance respond to a 911 call at a deaf or hard of hearing person's home or office. All it takes is the dedication of an officer with that department to make sure that the form is handled properly. I know this form works because over the years deaf and hard of hearing people have come to me and told me it works. It is a big surprise to them when the officer shows up and is ready to communicate with tablet and pen. Or the officer knows not to just knock on the door and then go away. I recommend the "Emergency Sign-up Form" to all police departments. Education of all law enforcement officers across this country concerning the deaf and hard of hearing is needed now more than ever.

Officer Randy Melton
Houston Police Department
Deaf and Hard of Hearing Liaison
policedhofh@ev1.net
713-308-9079 (Voice)
713-308-9073 (FAX)