4 Deaf Sue County Over No Interpreter
4 deaf people sue Dakota County over lack of interpreter
MINNEAPOLIS (AP) — Four deaf Dakota County residents are suing the county, alleging their civil rights were violated when they weren’t given American Sign Language interpreters after a mercury spill.
The lawsuit filed Friday in U.S. District Court in Minneapolis seeks damages exceeding $50,000 for each plaintiff for emotional injuries and unspecified punitive damages.
The plaintiffs also want the judge to order Dakota County to identify hearing-impaired individuals in emergencies and provide them with interpreters and other means of communication.
Assistant Dakota County Attorney Karen Schaffer defended the county’s response. “We do feel the county responded effectively and appropriately to serve people who had been place in a very dangerous situation in their exposure to mercury,” she said.
That included providing adequate communication with the plaintiffs in the lawsuit.
The contamination happened Sept. 6, 2004, when two teenage boys took two quarts of mercury from a closed glass factory and began playing with it in their Rosemount neighborhood.
A parent alerted authorities, who went door-to-door to test for contamination.
Four deaf residents didn’t understand, and they handed emergency workers cards requesting an interpreter.
“Some of those responders laughed at them, threw the cards back at them,” said Roderick Macpherson III, who works for the Minnesota Disability Law Center, a nonprofit law firm. “Other people were a little bit more sympathetic,” he said, “but nobody seemed to know how to get an interpreter.”
The Department of Justice’s Civil Rights Division says that under the Americans with Disabilities Act, communities should make emergency preparedness and response programs accessible to people with disabilities.
The plaintiffs are Vikki Marshall, 34; Kevin Loye, 48; Gina Gist, 37; and David Stiles, 49.
Macpherson said Marshall became panicked and didn’t know what was going on when her daughter had mercury dripping from her hair. For another client, Macpherson said, emergency workers handed him a slip of paper with the word mercury written on it, but the man has a poor grasp of written English and thought the message had something to do with molestation.
More than a dozen homes tested positive for unsafe mercury levels, and 49 residents had to be decontaminated in special showers. Macpherson said his clients couldn’t understand why they were being told - through gestures - to remove their clothes.
Doug Neville, a spokesman for the Minnesota Division of Homeland Security and Emergency Management, said it’s not always possible to get an interpreter immediately, but that the agency tries.
MacPherson said his clients weren’t given an interpreter until two or three days after they were evacuated.
“They had Porta-Potties on the scene before there were interpreters,” Macpherson said.
Hat tip to David
Commentary: I cannot blame them for feeling upset. This was an emergency and getting interpreters two or three days later isn’t acceptable, especially if your daughter had mercury dripping from her hair! Too many times we have seen deaf people overlooked by the emergency teams. Perhaps this will get the attention of these disaster teams that they cannot continue neglecting the deaf people, in violation of American Disabilities Act.
email contact: mishkazena@aol.com
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4 deaf people sue Dakota County over lack of interpreter |
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MINNEAPOLIS (AP) — Four deaf Dakota County residents are suing the county, alleging their civil rights were violated when they weren’t given American Sign Language interpreters after a mercury spill. The lawsuit filed Friday in U.S. District Court in Minneapolis seeks damages exceeding $50,000 for each plaintiff for emotional injuries and unspecified punitive damages. The plaintiffs also want the judge to order Dakota County to identify hearing-impaired individuals in emergencies and provide them with interpreters and other means of communication. Assistant Dakota County Attorney Karen Schaffer defended the county’s response. “We do feel the county responded effectively and appropriately to serve people who had been place in a very dangerous situation in their exposure to mercury,” she said. That included providing adequate communication with the plaintiffs in the lawsuit. The contamination happened Sept. 6, 2004, when two teenage boys took two quarts of mercury from a closed glass factory and began playing with it in their Rosemount neighborhood. A parent alerted authorities, who went door-to-door to test for contamination. Four deaf residents didn’t understand, and they handed emergency workers cards requesting an interpreter. “Some of those responders laughed at them, threw the cards back at them,” said Roderick Macpherson III, who works for the Minnesota Disability Law Center, a nonprofit law firm. “Other people were a little bit more sympathetic,” he said, “but nobody seemed to know how to get an interpreter.” The Department of Justice’s Civil Rights Division says that under the Americans with Disabilities Act, communities should make emergency preparedness and response programs accessible to people with disabilities. The plaintiffs are Vikki Marshall, 34; Kevin Loye, 48; Gina Gist, 37; and David Stiles, 49. Macpherson said Marshall became panicked and didn’t know what was going on when her daughter had mercury dripping from her hair. For another client, Macpherson said, emergency workers handed him a slip of paper with the word mercury written on it, but the man has a poor grasp of written English and thought the message had something to do with molestation. More than a dozen homes tested positive for unsafe mercury levels, and 49 residents had to be decontaminated in special showers. Macpherson said his clients couldn’t understand why they were being told - through gestures - to remove their clothes. Doug Neville, a spokesman for the Minnesota Division of Homeland Security and Emergency Management, said it’s not always possible to get an interpreter immediately, but that the agency tries. MacPherson said his clients weren’t given an interpreter until two or three days after they were evacuated. “They had Porta-Potties on the scene before there were interpreters,” Macpherson said. |
Hat tip to David
Commentary: I cannot blame them for feeling upset. This was an emergency and getting interpreters two or three days later isn’t acceptable, especially if your daughter had mercury dripping from her hair! Too many times we have seen deaf people overlooked by the emergency teams. Perhaps this will get the attention of these disaster teams that they cannot continue neglecting the deaf people, in violation of American Disabilities Act.
email contact: mishkazena@aol.com
January 25th, 2007 at 12:22 pm
I would also be deeply upset!!! Especially more so when my daughter’s health is in danger!
No excuses on their behalf, and I would sue those workers who laughed at my FACE!! Telling me to remove my clothes when I don’t fully understand what’s going on?? Yeah, right!!
I experienced that at Kmart – being laughed in my face in front of everyone in the line because I spoke with my voice and got really humiliated badly. But I spoke to the manager and she profusely apologized, and said she would deal with the employee immediately.
This is common, unfortunately.
But, they should have been able to handle ANY emergencies for ALL people.
They wouldn’t wait 2 or 3 days to provide a Spanish translator, would they? I think NOT!
Don’t tell me it’s apples and oranges between the Spanish and the Deaf on obtaining interpreters.
January 25th, 2007 at 12:48 pm
It’s an unfortunate to say this… obviously, it’s apples and oranges between the Spanish and the Deaf on obtaining interpreters.
Every time, when I have to go to any courthouses in the state of Massachusetts, where there is a large population of spanish-speaking citizens. They ALWAYS have translator(s) obtained for those who speak spanish. What about obtaining interpreters for us, the Deaf people, eh?
Almost every courthouses in this state have their own Spanish translators and a very FEW of them have ASL interpreters handy.
-Lejon
January 25th, 2007 at 1:09 pm
Ahh, Lejon!!! *wink*
I should have clarified what I really meant by “apples and oranges” in regards to obtaining interpreters.
It’s very obvious that the difference is them having Spanish interpreters readily available on hand, but the fact that they had information in obtaining an interpreter for emergencies shouldn’t be a problem except for delayed timing.
Certainly not TWO or THREE days later!!
How in the world are they able to get Spanish interpreters when Deaf Americans can’t friggin’ get theirs as fast as the Spanish interpreters?
Guess what? They teach Spanish in every elementary school all the way through high school – but NO ASL!
Geez, guess we are “lower†than Spanish people?
Sorry for being a drama queen, but I just don’t get it…
January 25th, 2007 at 1:09 pm
I apologize that my previous comment may be somewhat off the topic. But it does apply to the issues about obtaining interpreters for the Deaf while other type of translators are being obtained for hearing people who speak their language.
-Lejon
-Lejon
January 25th, 2007 at 1:16 pm
Ohhh! Actually, I’m not an expert with idioms. My English skill isn’t perfect either.
*blushing*
At least, you just had made it clear what “apples and oranges” really means.
Thanks for explaining, IamMine.
January 25th, 2007 at 1:26 pm
Nice try on trying to make me feel better, Lejon.
I am very well known for being terrible in explaining things.
MZ, I hope you’ll keep us updated on their progress on this situation.
I’m curious – does anyone or an organization document every time there’s an incident like this so we can use that as a weapon to prove that we need more access?
It does have its own pros and cons, though. For example, some venues have their own interpreters on site, but they SUCK. But because they are cheap, we can’t complain unless they do not provide “effective communicationâ€. However, most are willing to obtain a different interpreter at your request.
In their eyes, they see us as whiners because they don’t understand why we would object (”complaining” to their minds)signing skills.
I wish I could show them why by getting someone to talk in a funny voice and see if they’d understand!!
Do do?
January 25th, 2007 at 6:29 pm
Lejon, it is same here. Two years ago my civil right lawyers had to convince the federal court judge here in Maryland to agree to provide interpreters! I thought that was so ironical that at first the judge resisted the idea of providing interpreters in the courtroom for us during our lawsuit against a local hospital for refusing to supply interpreters.
January 25th, 2007 at 6:34 pm
Iammine, I am pretty sure it happens too frequently. The problem is that many deaf people don’t fight back, so these don’t get reported. I learned after being discriminated at the hospital ER too many times, that nothing will change until we assert our rights. That’s why I keep urging deaf people to stand up for themselves.
If they don’t see the importance of providing high quality interpreters, simply say how can we communicate if the interpreter cannot follow us clearly? Then simply tell the person it is the federal law that they must provide qualified interpreters.
January 26th, 2007 at 7:41 pm
Wow! Oh my gosh! I used to live in Dakota County, MN before moving somewhere else. I had to take my son to court and was not provided an interpreter. The man that was suing my son (really dumb, you know how kids will say your mom is fat type of thing?) Well this man did not like it and decided to sue a couple of kids plus my son. (Their age was like 12 yrs old) So to court we went and the judge was really nice to me. He felt bad that there was no interpreter for me. We communicated by computer. One person will type everything down and I will read it, etc. The judge gave the man that was suing a dirty look and told him to get a life and threw the whole case out of court. Yeah, I been there and do not know why they cannot provide interpreters.
January 30th, 2007 at 5:38 pm
Thank you for your support, I hope you all keep track of this lawsuit. In case you’re unsure who I am, I’m the mother of that poor little girl whose’s head was dripping full of mercury and was laughed at by police. It took us deaf people about 3 to 4 days to get our interpreters. I’m aware this lawsuit is going to be a while, if you’re interested in keeping progress notes, you can e mail to my lawyer
rmacper@midmnlegal.org
or call him at (612) 746-3731
I’m deeply interested in deaf opinions based on all kind of injustices, And I DO not wish this experince I’m going through happen to other deaf people or people with disabilites too
January 30th, 2007 at 5:39 pm
and the e mail address is for serious reportors only
February 1st, 2007 at 2:07 pm
Thank you, Vikki - I do (and others, I’m sure!!) want to know of any updates!!
That was totally UNacceptable what you had to encounter!!
Thank you for bringing this to our attention and hopefully a lesson to many!!
I hope your little girl is OK!!!