6.7 1. Local and State Agencies

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

1.. Local and State Agencies

By setting higher accessibility standards for government than for private business, the ADA acknowledges the importance of government participation and public benefits for people with disabilities.

The revised Justice Department regulations effective March 15, 2011 declare that government agencies must ensure that the deaf are afforded communication that is as effective as that which others enjoy.⁴⁰ While there is no rule specifying when an interpreter must be provided, the regulations state that “[i]n determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individuals with disabilities.”⁴¹ If a deaf person’s request for an interpreter is denied, the specific reason for the denial must be stated in writing by the agency director or designee.⁴²

The self-evaluation that state and local government agencies are required to conduct⁴³ should address the need for interpreters to serve the deaf citizens in their community, identify the qualified interpreters in the area and establish procedures to provide them when needed. The need for TTYs should be identified and met by every agency that...