Recent ADA Settlements

Editor: It seems that many ADA cases involve people with questionable disabilities making questionable demands. Unfortunately, those are the cases that make the evening news. But there are lots of ADA cases that involve actual disabilities and reasonable requests, as you'll see in this report.

One troubling aspect of this report is the absence of hard of hearing and late-deafened individuals working to secure their rights. I know that people are being denied CART and ALDs in a variety of situations and on a regular basis, but I've seen very few court cases in the past several years. The people who use sign language continue to demand and get their communication rights. I think they're a good example for the hard of hearing and late-deafened folks, and I'd like to see more folks follow their lead.

Here are descriptions of recent ADA cases from the Department of Justice.

~~~~~~~~~~~~~~~~~~~

Executive Inn, Oakland, California -- The U.S. Attorney's Office for the Northern District of California entered into an agreement with East Bay Hotel LP, owner and operator of the Executive Inn. Under the agreement, the hotel will provide seven guest rooms that have telephones with volume controls, visual and vibrating fire and smoke alarms, and visual door knock alerting devices. Additionally, the Executive Inn will purchase two portable TDD's and provide appropriate staff training on their use.

Dr. Faramarz Behzadi, Jacksonville, Florida -- The Department entered an agreement with Dr. Faramarz Behzadi, a surgeon, resolving a complaint by a deaf individual that the doctor refused to provide a qualified sign language interpreter during three scheduled medical appointments. At the first visit Dr. Behzadi allegedly asked the patient's accompanying friend, who could not sign, to communicate with the patient. At the next two visits the local independent living center provided an interpreter. Dr. Behzadi agreed to ensure that patients or companions who are deaf or hard of hearing are provided necessary auxiliary aids and services. Dr. Behzadi also agreed to reimburse the Independent Living Resource Center of Northeast Florida in the amount of $200 for the cost of interpreter services provided.

Hilton Garden Inn, Washington, D.C. -- The Department entered an agreement with the Hilton Garden Inn resolving a complaint alleging that it seated a blind individual in a separate lounge area for dinner instead of in the restaurant because of her service dog. The hotel agreed to adopt a policy welcoming people with disabilities and their service animals, post it in a conspicuous location in the lobby of the hotel, and provide ADA training to its employees.

Evanston, Wyoming -- The Department reached an agreement with the City of Evanston resolving a complaint that the Evanston Municipal Court failed to provide a qualified sign language interpreter to a deaf individual during the arraignment of his son and, instead, asked the son to interpret for his father. The city agreed to adopt a policy and procedures to ensure that individuals who are deaf or hard of hearing having business with the municipal court, including parties, witnesses, jurors, or spectators, are provided appropriate auxiliary aids and services. The agreement also requires the city to pay the complainant $600 in monetary damages.

Connecticut Judicial Branch, Hartford, Connecticut -- The Department entered into an agreement with the State of Connecticut Judicial Branch, Superior Court Operations Division, resolving a complaint filed by a criminal defendant who is deaf and who uses sign language for communication. The complainant alleged that the State failed to provide effective communication during three judicial proceedings by refusing to provide a sign language interpreter. The State agreed to furnish appropriate auxiliary aids and services, including qualified sign language and oral interpreters, where necessary to ensure effective communication with individuals with disabilities.

Missouri College, St. Louis, Missouri -- The Department signed an agreement resolving a complaint against Missouri College by a deaf student who uses sign language. The student complained that the college refused to provide an interpreter during two continuing education courses. The agreement requires the college to furnish appropriate auxiliary aids and services, including sign language and oral interpreters, where necessary to ensure effective communication with individuals with disabilities. The college posted this policy in informational materials and agreed to provide annual ADA training to all of its staff who interact with students. The college also agreed to pay the complainant $1,500.