Uploaded May 2021 | Updated September 2026, 3 weeks ago
Taylor, B. C., & Weisberg, R. M. (Forthcoming, June 2021). "Nondiscrimination in the criminal justice system: An examination of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act. In D. Guthmann, G. I. Lomas, D. Goff Paris, & G. A. Martin (Eds.), DEAF PEOPLE IN THE CRIMINAL JUSTICE SYSTEM (pp. 181-211). Gallaudet University Press. https://gupress.gallaudet.edu/Books/D/Deaf-People-in-the-Criminal-Justice-System
This video may not be repurposed or incorporated into other works in any way without the express written consent of the signer and the chapter author.
Transcript:
Chapter 9: Nondiscrimination in the Criminal Justice System: An Examination of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act
Barry C. Taylor and Rachel M. Weisberg
Barry Taylor and Rachel Weisberg are the authors of this chapter which focuses on the legal requirements that protect against discrimination in the criminal justice system—the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
Mr. Taylor and Ms. Weisberg are both attorneys at Equip for Equality, which is an organization in Illinois that provides free legal services to people with disabilities. They are part of the national network of disability rights organizations called the “Protection and Advocacy” or “P&A” network. Mr. Taylor and Ms. Weisberg represent a group of people who are Deaf and hard of hearing who are incarcerated in the Illinois corrections system. They represent deaf people in other types of legal cases as well, including employment discrimination, effective communication for healthcare, and access to higher education. Mr. Taylor and Ms. Weisberg also provide training on the Americans with Disabilities Act to educate others about the law.
The authors begin this chapter with an overview of the ADA and Section 504, focusing on its requirement to provide effective communication and how they apply to criminal proceedings. They examine the statute and regulations and discuss how they define terms such as auxiliary aids and services, interpreters, and video remote interpreting. After sharing this background, the authors provide an in-depth review of important case law and settlement agreements in the criminal justice context. Mr. Taylor and Ms. Weisberg start by looking at issues related to law enforcement, where many cases consider how to provide effective communication during police encounters and when police departments must provide interpreters during arrests. They wrap up that section by discussing settlements, policies and practical guidance about effective communication and law enforcement.
Next, the authors focus on correctional facilities which include prisons or jails. Similarly, they review important legal cases to help the reader understand how the ADA and Section 504 apply to prisons. Through a review of case law and settlements, the authors look at issues related to interpreters, telephone access including video phones, accessible alerts, assessments of needs, and access for companions.
Before wrapping up, Mr. Taylor and Ms. Weisberg share a brief overview of the type of defenses law enforcement, corrections, or a criminal court can make when defending ADA cases, including arguing that a request would be an undue burden or a fundamental alteration. Finally, they touch briefly on the issue of remedies, which is what type of relief a person can get by bringing these types of cases.
Taylor, B. C., & Weisberg, R. M. (Forthcoming, June 2021). "Nondiscrimination in the criminal justice system: An examination of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act. In D. Guthmann, G. I. Lomas, D. Goff Paris, & G. A. Martin (Eds.), DEAF PEOPLE IN THE CRIMINAL JUSTICE SYSTEM (pp. 181-211). Gallaudet University Press. https://gupress.gallaudet.edu/Books/D/Deaf-People-in-the-Criminal-Justice-System
This video may not be repurposed or incorporated into other works in any way without the express written consent of the signer and the chapter author.
Transcript:
Chapter 9: Nondiscrimination in the Criminal Justice System: An Examination of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act
Barry C. Taylor and Rachel M. Weisberg
Barry Taylor and Rachel Weisberg are the authors of this chapter which focuses on the legal requirements that protect against discrimination in the criminal justice system—the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
Mr. Taylor and Ms. Weisberg are both attorneys at Equip for Equality, which is an organization in Illinois that provides free legal services to people with disabilities. They are part of the national network of disability rights organizations called the “Protection and Advocacy” or “P&A” network. Mr. Taylor and Ms. Weisberg represent a group of people who are Deaf and hard of hearing who are incarcerated in the Illinois corrections system. They represent deaf people in other types of legal cases as well, including employment discrimination, effective communication for healthcare, and access to higher education. Mr. Taylor and Ms. Weisberg also provide training on the Americans with Disabilities Act to educate others about the law.
The authors begin this chapter with an overview of the ADA and Section 504, focusing on its requirement to provide effective communication and how they apply to criminal proceedings. They examine the statute and regulations and discuss how they define terms such as auxiliary aids and services, interpreters, and video remote interpreting. After sharing this background, the authors provide an in-depth review of important case law and settlement agreements in the criminal justice context. Mr. Taylor and Ms. Weisberg start by looking at issues related to law enforcement, where many cases consider how to provide effective communication during police encounters and when police departments must provide interpreters during arrests. They wrap up that section by discussing settlements, policies and practical guidance about effective communication and law enforcement.
Next, the authors focus on correctional facilities which include prisons or jails. Similarly, they review important legal cases to help the reader understand how the ADA and Section 504 apply to prisons. Through a review of case law and settlements, the authors look at issues related to interpreters, telephone access including video phones, accessible alerts, assessments of needs, and access for companions.
Before wrapping up, Mr. Taylor and Ms. Weisberg share a brief overview of the type of defenses law enforcement, corrections, or a criminal court can make when defending ADA cases, including arguing that a request would be an undue burden or a fundamental alteration. Finally, they touch briefly on the issue of remedies, which is what type of relief a person can get by bringing these types of cases.
