Whatcom reaches agreement with DOJ following Americans with Disabilities Act complaints
The Whatcom County Sheriff’s and Public Defender’s offices will make a number of changes to the way they interact with people who are deaf or hard of hearing after the county reached an agreement with the U.S. Department of Justice.
The two agreements will ensure Whatcom County individuals who are deaf or hard of hearing are able to effectively communicate with the county’s criminal justice system, according to a news release Monday, June 14. The agreements also resolved multiple complaints against the county regarding violations of the Americans with Disability Act.
The agreements settled claims that the Whatcom County Sheriff’s Office, Public Defender’s Office and Superior Court did not allow for effective communication with a defendant who is deaf during the investigation, arrest and counsel with the public defender’s office in the event of criminal incidents.
“When a person’s freedom is at stake, protecting rights guaranteed by the Americans with Disabilities Act is paramount,” Acting U.S. Attorney Tessa M. Gorman said in the release. “I’m pleased the Whatcom County Public Defender’s Office and the Sheriff’s Office are taking these steps to make sure they protect the rights of all area residents who are deaf or hard of hearing.”
Under the agreements, the sheriff’s and public defender’s offices will develop written policies, monitor and log interactions, contract with sign language interpreters and report back to the Department of Justice, according to the release.
A Whatcom County resident filed a complaint that his rights had been violated under the Americans with Disability Act when he was questioned and arrested by sheriff’s deputies following a dispute with his tenant, according to the release.
An investigation found that deputies knew the man was deaf and needed to communicate via American Sign Language, but they did not use an interpreter, instead relying on hand-written communications, according to the release. The man’s complaint said he was unable to effectively tell his side of the story and was arrested.
As part of the settlement announced Monday, the sheriff’s office must pay the man $60,000, in addition to making significant improvements to its ADA policies, according to the release.
Under the agreement, according to the release, the sheriff’s office will:
▪ Hire an ADA coordinator to ensure the new policies are implemented.
▪ Train staff on the new policies.
▪ Log interactions with Whatcom residents who need services, such as sign language interpretation.
▪ Contract with American Sign Language service providers to make sure those services are available at all times.
▪ Report back to the U.S. Attorney’s Office every six months for the next two years on requests to use the interpreter services.
The sheriff’s office also agreed to handcuff all persons who are deaf or hard of hearing in front of their body, unless there is a reasonable safety risk, according to the release.
Another complaint filed by a man arrested in June of 2018 said that the Whatcom County Public Defender’s Office and Whatcom County Superior Court failed to provide an interpreter so that he could effectively communicate with his assigned public defender, according to the release, causing the man to spend an additional night in jail because there was no interpreter at his first appearance in court.
Under the terms of the resolution to that agreement, the public defender’s office will contract to have interpreter services available in person or by video to ensure that defendants who are deaf or hard of hearing can effectively communicate with their attorneys, the release states.
This story was originally published June 14, 2021 at 10:45 AM.
