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ADA Compliance Review of California Courts

California Courts are not in compliance with the Americans with Disabilities Act (ADA) of 1990. To remedy this situation, the Committee for the ADA Compliance Review of the California Courts is now organizing a statewide ADA compliance review of the California courts. This review will be performed by the US Department of Justice, and will be based on ADA Title II complaints filed by organizations representing Californians affected by disabilities, and on ADA Title II complaints filed by individuals who have been denied equal access to court proceedings.

Committee for the ADA Compliance Review of the California Courts

• Carin Memmer - Chair
• Ruthee Goldkorn - Assistant Chair
• Rhonda Bonati
• John Lonberg
• Francie Moeller
• Jerry Reynolds
• Catherine Skivers
• Paul Stein
• Patric Connally
• Vernon Cox

Background

By 1995 all 58 California county courts were required to have ADA Court programs in place to make appropriate auxiliary aids and services available to Californians with disabilities, for use during court proceedings.

In 1994-1995 the California Judicial Council contracted with CommSciences to conduct a comprehensive survey on ADA compliance in the California courts. The contract agreement between the Judicial Council and CommSciences cost taxpayers $100,000. The contract consisted of a comprehensive telephone survey of the California public (1,200 people), a mail survey of court users (6,000 survey forms were mailed), and qualitative interviews with 183 people.

Additionally, CommSciences reviewed relevant literature, worked on all aspects of the six public hearings, attended all the public hearings and wrote a report summarizing and analyzing the testimony.

In sum, they submitted two reports.

In March 1999 a statewide telephone survey of the 58 California county courts was performed. The survey results showed that the courts have a haphazard program for the hearing impaired. Additionally, not one of the 58 county courts has an ADA court program which makes available appropriate auxiliary aids and services to accommodate people with environmental sensitivities or people with sight, speech, cognitive, developmental, or multiple disabilities.
Results of Telephone Survey

The Superior Court of the State of California in all 58 California counties are in violation of the ADA.

Reports

The two final reports of the 1994-1995 California Judicial Council survey on ADA compliance in the California courts are available on-line in PDF format.

Access To The California State Courts: A Survey of Court Users, Attorneys and Court Personnel
www.courtinfo.ca.gov/programs/access/documents/dis_surv.pdf

Public Hearing Report: Access for Persons with Disabilities
www.courtinfo.ca.gov/programs/access/documents/dis_hear.pdf

The Subcommittee to the Judicial Council also issued a report on ADA compliance in the California Courts. This report is posted on the internet, and is also available free from the Publications Hotline. Call (800) 900-5980, press #2 and leave your request on the recording.

Summary of Survey and Public Hearing Reports of the Access for Persons with Disabilities
www.courtinfo.ca.gov/reference/summarydisabilities.htm

Combined recommendations are outlined in the Summary Report. These recommendations were made by the subcommittee to the California Judicial Council, and would improve access and fairness in California Courts.

None of the these 19 recommendations have been implemented by the Judicial Council. California courts remain inaccessible to six million Californians affected by disabilities.

Instructions For Filing A Title II Complaint

If you have been denied access in a California court, file an ADA Title II complaint. You can find a copy of the proper form on-line at:
www.usdoj.gov/crt/ada/t2cmpfrm.htm. Alternative formats can be ordered by calling (800)514-0301.

The Department of Justice staffs an ADA information line at (800)514-0301.

Organizations representing Californians affected by disabilities, are also encouraged to file an ADA Title II complaints on behalf of their members.

In your Title II complaint, remember to state that there is no ADA court program in place which provides appropriate auxiliary aids and services to Californians with disabilities, for use during court proceedings.

Individuals and organizations should explain the incident(s) when you were not reasonably accommodated, subjected to prejudicial judicial demeanor, judicial bias, or non-statutory decisions during court proceedings.

Mail the Title II complaint to the address on the form.

Additionally -

1. Mail a copy to:
   John Wodatch, Chief
   US Department of Justice
   Civil Rights Division
   Disability Rights Section
   1425 New York Avenue NW
   Washington, DC 20035
   Subject: California Courts
2. Fax a copy of your complaint to:
   (202)307-1198
   Subject: California Courts
3. Remember to retain the original complaint for your records.

To date, organizations representing 100,000 Californians affected by disabilities have filed ADA Title II Complaints with the Department of Justice. Sixty individuals have filed complaints describing incidents in which they were not reasonably accommodated by California Courts.

By filing an ADA Title II Complaint with the Department of Justice, you can make a profound difference in the future conduct of the California courts towards the six million Californians affected by disabilities.

Supporting Organizations

• Epilepsy Society of San Diego County
• United Cerebral Palsy Association - California Coalition
• Self Help for the Hard of Hearing - San Francisco Chapter
• Orange County Deaf Advocacy Center
• Californians for Disability Rights
• California Council of the Blind
• Association of Retarded Citizens
• California Association of Rehabilitation
• Towards Maximum Independence
• Parkinsons Disease Association of the Sacramento Valley
• Access Center of San Diego
• California Speech and Hearing Association
• Epilepsy Foundation of Northern California

ACLU & WLCDR Evaluating Access in California Courts

Both the American Civil Liberties Union (ACLU) and the Western Law Center for Disability Rights (WLCDR) are evaluating access and fairness issues for Californians with disabilities in the California County Courts.

If you are a person with a disability and have been involved with the California Courts as juror, spectator, plaintiff, defendant, attorney, judge, or other court personnel and you were not effectively accommodated by the court for your disability please write a statement to both the American Civil Liberties Union and the Western Law Center for Disability Rights.

Please fax and mail copies of your statement to:

Peter Eliasberg
American Civil Liberties Union (ACLU)
1616 Beverly Boulevard
Los Angeles, California 90026
Subject: CA Courts
Phone: (213)977-9500 X228
Fax: (213)250-3919

And also to:

Benjamin Kim
Western Law Center for Disability Rights (WLCDR)
Loyola Law School
919 South Albany Street
Los Angeles, CA 90015
Subject: CA Courts
Phone: (213)736-1031
Fax: (213)736-1428

With your help, this advocacy project will update our courts and bring them into the twenty-first century. Your participation is appreciated.

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For More Information

For more information on the work of the Committee for the ADA Compliance Review of the California Courts contact:

Carin Memmer
20 Sunnyside Ave Ste A-336
Mill Valley, CA 94941
(888)715-1378
carinmemm@aol.com