Randall Berg

Florida Justice Institute

The state Department of Corrections settled a lawsuit claiming the prison agency routinely violated the Americans with Disabilities Act and Rehabilitation Act in its treatment of inmates.

The lawsuit filed last year by the Florida Justice Institute and Morgan & Morgan on behalf of Disability Rights Florida alleged more than 30 prisoners who are deaf, blind or in wheelchairs were victims of discrimination.

Corrections officials also were charged with refusing to allow disabled prisoners to participate in jobs, services and programs available to others due to their disabilities.

A 328-page settlement filed in July in Tallahassee federal court requires the state to provide sign-language interpreters for deaf prisoners and remove architectural barriers for inmates in wheelchairs within four years.

Randall Berg, executive director of the Florida Justice Institute, called the settlement “a huge decision” and “a game changer” for disabled inmates.

The agency has a “designated ADA coordinator” and “has already begun to work on many of the identified issues within existing funding,” corrections spokeswoman Michelle Glady said when the agreement was announced.

The lawsuit claimed deaf prisoners waited years for hearing aid repairs and replacements and were not provided American Sign Language interpreters at medical appointments. They also were unable to hear announcements, causing them to miss meals and other daily events.

Corrections officials also failed to provide or maintain wheelchairs and failed to assign other inmates as “pushers” to wheelchair-bound prisoners.

The settlement agreement came after five months of mediation between representatives of the inmates and the state, lawyers said.

Under the settlement, corrections officials agreed to house disabled inmates in about 20 ADA-compliant prisons.

Disabled inmates will be evaluated when they enter the prison system and get annual reevaluations.

The agreement should provide disabled inmates “with some modicum of ability to take courses, do programs and get religious services on the same level as persons who do not have any disabilities,” Berg said.