6.0 I. Context For The Legal Issues

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

I. CONTEXT FOR THE LEGAL ISSUES

The deaf and hard of hearing community is diverse. While an attorney can be accessible to people who are deaf or hard of hearing through accommodations such as sign language interpreters and CART (computer- aided real time transcription), it is also important for the advocate to have some understanding of the implications of deafness. In particular, a review of the extensive literature written by and about deaf people¹ is beyond the scope of this chapter. However, those practitioners wishing to delve into the complex issues concerning advocacy for deaf individuals are encouraged to consult the special Spring 2011 issue of the Valparaiso University Law Review which is devoted to issues of concern to the Deaf Community.² Major issues and information are briefly highlighted in this chapter.

Deaf people constitute a unique community, sharing a distinct history as well as social clubs, newspapers, sports leagues, poetry and theater. For those people who identify as culturally deaf, the greatest bond, of course, is American Sign Language (ASL). ASL is a beautiful, visual and spatial language using not only hand shapes and movements but also facial expressions and body language. Wholly distinct from English, ASL is the native language of many deaf people in this country, though differences exist in ASL use.³

Linguists have confirmed that ASL, once dismissed by hearing people as simple gesturing, is a complete language with its own grammar, syntax and idioms. ASL is the subject of important research on the origins of human language and the development of cognitive functioning.⁴ As the result of advocacy by deaf organizations and parents of deaf children, ASL was recognized by the New York State Board of Regents in 1992⁵ and is being taught as a “second language” in some of the state’s high schools.⁶

Proud of their language and angered by discrimination and poor educational services, a significant portion of the Deaf community has been involved in a political movement for over a generation. The 1988 protests at Gallaudet University, which led to the appointment of its first deaf president, symbolize the consciousness of the Deaf community. Many deaf people see themselves as members of a linguistic and cultural minority group rather than as handicapped individuals. Hearing people can find this “deaf pride” perspective difficult to understand. For example, controversy still surrounds cochlear implants—electronic devices surgically placed near the brain, which, with auditory training, can provide partial hearing to some deaf individuals. While cochlear implants have been heralded as a major medical breakthrough, many deaf people see such implants as unnecessary, demeaning and dangerous.⁷ As discussed in cover stories of the Atlantic Monthly⁸...