NYC Settles With US Attorney's Office Over Disability Accommodations at Rikers
Berman's office said an investigation found the architecture of three facilities was not accessible for inmates living with disabilities, and that the city did not provide adequate accommodations for inmates at their request.
August 20, 2018 at 01:39 PM
3 minute read
New York City has agreed to a settlement with U.S. Attorney Geoffrey Berman of the Southern District of New York to improve accommodations for inmates living with disabilities at three Rikers Island facilities.
Berman's office said an investigation by his office found the architecture of those units was not accessible for inmates living with disabilities, and that the city did not provide adequate accommodations for inmates at their request.
The city settled with Berman's office out of court and agreed to implement several changes at the units, including hundreds of architectural modifications. Berman criticized the city for failing to make those facilities accessible earlier.
“For too long, the city has been violating the [Americans With Disabilities Act] by depriving inmates with disabilities of their right to have equal access to services, programs, and activities available in the jail setting, and by failing to make its visitation areas fully accessible to individuals with disabilities,” Berman said in a statement.
“Through this agreement, the city has committed to providing needed accommodations to inmates with disabilities, as well as making visitation areas more accessible to members of the public with disabilities,” he continued.
The investigation included onsite inspections of the North Infirmary Command Annex, the Rose M. Singer Center, and the Central Visits Control Building on Rikers Island. The former two facilities house inmates with significant mobility and visual impairments.
Each inspection found several flaws at the facilities for inmates with disabilities. In a dormitory at the North Infirmary Command Annex, for example, there was no handheld showerhead for inmates to use, and the available showerhead was more than four feet above the floor. That would make it difficult for someone with mobility issues to use the shower.
Many of the changes will be minor to help inmates with disabilities. One violation at the Rose M. Singer Center, for example, was having a toilet paper dispenser mounted on the rear wall. That will be moved to the sidewall with a grab bar, according to the inspection.
The city also agreed to provide additional accommodations for inmates with disabilities, among other requirements as part of the settlement. They will provide appropriate auxiliary aids and services to inmates who are deaf or blind, or have impaired hearing or vision. They will also provide certain devices and medical equipment to inmates with special needs.
The New York City Law Department said in a statement they are pleased to have resolved the situation.
“We are pleased to have resolved this matter with the U.S. Attorney's Office as part of the city's ongoing efforts to improve access to programs and health care for residents within DOC facilities.”
Martin Bowe, senior counsel of the general litigation division; Martha Mann Alfaro, deputy chief of the legal counsel division; and Kimberly Joyce, senior counsel of the legal counsel division, represented the city.
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