Report Finds Barriers to Justice for Individuals in New York City Courts
By Nahid Sorooshyari, Senior Staff Attorney, MFY Legal Services, Inc.
We Examine the ADA Liaison Program
People with disabilities should have equal access to justice. Disability
rights laws, like the Americans with Disabilities Act (ADA), require courts to
make their programs and services accessible to people with disabilities. The New
York Unified Court System (UCS) has a program for helping people with
disabilities, called the ADA Liaison program. However, a recent report by MFY
Legal Services found that the program needs to be improved.
The
ADA requires courts to be accessible to people with physical disabilities. Courts
must also make reasonable accommodations to their rules, policies, and
procedures so that people with all types of disabilities—including psychiatric
and invisible disabilities—can participate in the court’s services, programs,
and activities to the same extent as people without disabilities. UCS has assigned
at least one “ADA Liaison” to each courthouse. ADA Liaisons are court employees
who should know about the ADA and how to work with people with disabilities. People
with disabilities can contact their local ADA Liaison to request a reasonable accommodation
or get information about their rights and are encouraged to do so before they
come to court. The program could be a great help, but it has serious flaws.
Many
people who need the program do not even know it exists. UCS is supposed to advertise
information about the ADA and the ADA Liaison program. It uses an
“Accessibility Information Webpage” to do so, but this webpage is not always
highlighted on individual court websites or on other parts of the UCS website. UCS
is also supposed to advertise the program in courthouses. UCS has posters to do
so, but the posters are poorly designed. For example, they include four
symbols—a person in a wheelchair, two hands symbolizing sign-language
interpreting, an ear with a bar over it indicating services for the deaf, and a
person with a cane. These symbols do not make it clear that people with
psychiatric disabilities may also get accommodations.
Someone
who finds out about the program faces another problem—reaching an ADA Liaison. UCS’s
webpage provides a directory of ADA Liaisons. People are told to use the
directory to contact their local ADA Liaison at the listed phone number. In May
2016, MFY tried to confirm the contact information of all forty-nine civil
court ADA Liaisons listed for the five boroughs. MFY had a problem contacting
the listed ADA Liaison more than 65% of the time. For example, 24% of the names
and numbers listed were either for retired or former staff, or someone who
stated they were not the ADA Liaison and 18% of the phone numbers simply did
not work. Either the number was not in service or the call was sent to
voicemail, but the caller could not leave a message. When we could leave a
message, 24% of the voicemails were not returned within eight business days.
During
the phone survey, MFY spoke to court staff who did not know about the program,
or said that there was no ADA Liaison at that court. One person stated that she
was given the position, but was never trained. In 2012, MFY requested all
training materials provided to ADA Liaisons and documents stating which ADA Liaisons
receive training and how often. The Office of Court Administration provided
only a two-page pamphlet titled “Communicating with People with Disabilities,”
and stated that there were no records about which ADA Liaisons received
training or how often.
Probably
due to poor training, ADA Liaisons often get the law wrong. For example, an MFY
client requested to appear in court by telephone because a medical condition
made her incontinent. The ADA Liaison incorrectly said that this was impossible
because the client “lived in New York City.”
Also, ADA Liaisons too often suggest guardians ad litem (“GALs”)—people appointed to advocate for those who are
unable to advocate for themselves. Though some people with disabilities may
need a GAL, most can advocate for themselves with a reasonable accommodation. For
example, someone with agoraphobia should be allowed to appear by telephone, not
be assigned a GAL.
MFY’s
report recommends ways to improve the ADA Liaison program. Since the report’s
publication, MFY has met with court officials and community groups to try to
implement these solutions and make justice for all a reality. If you would like
to read MFY’s report, please visit our website at www.mfy.org.