at his deposition as to whether he spoke with Williams and how he communicated with her; indeed, he stated at his second deposition that he did not consider Williams, who is deaf, to be disabled. (Pl. Stat. ¶¶ 40-42, 51 (citing Romano Dep. 47:25 49:8).) Officer Romano then – arrested the tenant and Williams, without providing Williams with warnings or the Miranda reason for her arrest. (Pl. Stat. ¶¶ 48-49, 52.) Williams was handcuffed with her hands behind her back, preventing her from signing or using a pad and pen to communicate. (Pl. Stat. ¶ 48.) ARGUMENT THE ADA APPLIES TO LAW ENFORCEMENT ACTIVITIES, INCLUDING ARRESTS, AND REQUIRES THAT OFFICERS COMMUNICATE EFFECTIVELY WITH PEOPLE WITH DISABILITIES Consistent with the statutory and regulatory provisions described above, the ADA requires arresting officers to provide auxiliary aids and services necessary to communicate effectively with people with disabilities in the conduct of arrests. A. Title II Applies To All Law Enforcement Activities, Including Arrests 1. The Language of the Statute, and the Department of Justice Regulations and Guidance, Make Plain That Title II Applies to Arrests The starting point in determining the applicability to law enforcement operations ADA’s is the statutory text. 524 U.S. 206, 209-10 (1998) See Pennsylvania of Corr. v. Yeskey, Dep’t (ruling that state the statutory definition of in Title prisons “fall squarely within ‘public entity’” II of the ADA). Title antidiscrimination provision provides that no individual with a II’s disability by reason of such disability, be excluded from participation in or be denied the “shall, benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such 42 U.S.C. § 12132. By its plain terms, Title II applies to all entity.” governmental entities, including law enforcement agencies. Title II uses the term in its “any” or some indiscriminately of i.e., United States ordinary “expansive” sense, “one whatever kind.”
at his deposition as to whether he spoke with Williams and how he communicated with her; indeed, he stated at his second deposition that he did not consider Williams, who is deaf, to be disabled. (Pl. Stat. ¶¶ 40-42, 51 (citing Romano Dep. 47:25 – 49:8).) Officer Romano then arrested the tenant and Williams, without providing Williams with Miranda warnings or the reason for her arrest. (Pl. Stat. ¶¶ 48-49, 52.) Williams was handcuffed with her hands behind her back, preventing her from signing or using a pad and pen to communicate. (Pl. Stat. ¶ 48.) ARGUMENT THE ADA APPLIES TO LAW ENFORCEMENT ACTIVITIES, INCLUDING ARRESTS, AND REQUIRES THAT OFFICERS COMMUNICATE EFFECTIVELY WITH PEOPLE WITH DISABILITIES Consistent with the statutory and regulatory provisions described above, the ADA requires arresting officers to provide auxiliary aids and services necessary to communicate effectively with people with disabilities in the conduct of arrests. A. Title II Applies To All Law Enforcement Activities, Including Arrests 1. The Language of the Statute, and the Department of Justice Regulations and Guidance, Make Plain That Title II Applies to Arrests The starting point in determining the ADA’s applicability to law enforcement operations is the statutory text. See Pennsylvania Dep’t of Corr. v. Yeskey, 524 U.S. 206, 209-10 (1998) (ruling that state prisons “fall squarely within the statutory definition of ‘public entity’” in Title II of the ADA). Title II’s antidiscrimination provision provides that no individual with a disability “shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. By its plain terms, Title II applies to all governmental entities, including law enforcement agencies. Title II uses the term “any” in its ordinary “expansive” sense, i.e., “one or some indiscriminately of whatever kind.” United States
williams_new-york_soi.docx