AMERICANS WITH DISABILITIES ACT
New Braunfels agrees to hire sign language translators for police force
On June 10, the city of New Braunfels settled a case by agreeing to pay a deaf woman $75,000 and hire sign language interpreters for its police force. On Sept. 23, 2004, Maria Salinas, who communicates via American Sign Language (ASL), found her fiancÈ motionless at her home. It was later determined that he was dead. Police arrived without an ASL interpreter and never provided translation services, despite her requests. Thus, she couldn’t consent to a police search of her apartment or find out if she was a suspect in a murder investigation. Salinas sued the city under the Americans With Disabilities Act and the Rehabilitation Services Act of 1973. The city argued that communication was effective and that the ADA didn’t apply because this wasn’t an arrest.
Salinas v. City of New Braunfels, No. SA-06-C-729-XR
Court: U.S. District Court for the Western District of Texas, San Antonio
Plaintiff’s Attorney: Lucy Wood, Advocacy Inc., Austin
Defense Attorney: Charles S. Frigerio, Law Offices of Charles S. Frigerio, San Antonio
DISABILITY DISCRIMINATION
Fired city worker who alleged civil rights violations recovers $210,000
On May 13, a terminated city employee who claimed various civil rights violations recovered $210,000. In April 2004, Cary Tower was fired from his fleet superintendent job with the city of Denton due in part to alleged excessive use of prescription drugs. He alleged that, because the drugs treated a medical condition, the defendants were discriminating against him based on a disability. He further contended that a supervisor told him that he might be “too old to handle the job.” Tower also asserted that the defendants invaded his privacy by searching his briefcase, seizing his vehicle and disclosing his health information. The defense said that Tower was fired for poor performance, excessive use of prescription drugs and offering drugs to co-workers.
Tower v. City of Denton, Texas, No. 4:05-CV-00302-MHS-DDB
Court: U.S. District Court for the Eastern District of Texas, Sherman
Plaintiff’s Attorneys: Lawrence Greer and Karen Shropshire, Greer & Shropshire, Houston and Dallas
Defense Attorney: Clark McCoy, Wolfe Tidwell & McCoy, Frisco
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