Three Colorado Law Enforcement Agencies Agree to Policies to Ensure Effective Communication With Individuals Who Are Deaf or Hard of Hearing

DENVER—The U.S. Attorney’s Office for the District of Colorado announced today that three Colorado law enforcement agencies—the Clear Creek County Sheriff’s Office, the Idaho Springs Police Department, and the Longmont Public Safety Department—have each agreed to resolve allegations that they violated the Americans with Disabilities Act (ADA) by failing to provide effective communication for individuals who are deaf or hard of hearing.  Each agency has agreed to revise its policies in ways that will improve those individuals’ ability to communicate effectively in interactions with law enforcement.  

The U.S. Attorney's Office investigated these three law enforcement agencies after receiving ADA complaints from individuals who are deaf.  Title II of the ADA requires public entities, including law enforcement agencies, to provide appropriate auxiliary aids and services to ensure effective communication with individuals who are deaf or hard of hearing.  Auxiliary aids and services can include items such as computers with video communication software or qualified in-person interpreters.

The incident that led to the investigation of the Clear Creek County Sheriff’s Office (CCCSO) and the Idaho Springs Police Department (ISPD) involved a complainant who is deaf and uses sign language to communicate.  The complainant was arrested by ISPD on September 17, 2019. He alleged that during his arrest, he could not hear commands given by ISPD officers from their police vehicle, and that he could not see that ISPD officers were speaking to him because it was dark and the police vehicle’s lights were on.  Based on the complainant’s perceived noncompliance, an ISPD officer immediately engaged the complainant in a use of force, bringing him to the ground.  The complainant was then handcuffed and repeatedly asked questions by ISPD officers. The complainant alleged that he was unable to understand this questioning because he is deaf, and that even if he could have understood the questioning, he would have been unable to respond to the officers’ questions because his arms were handcuffed behind his back, preventing him from using sign language.  The complainant was initially charged with assault and obstructing a peace officer.  Those charges were later downgraded to lesser charges and were ultimately dropped.

After the complainant’s arrest, he was transferred to the custody of the Clear Creek County Sheriff’s Office (CCCSO), where he spent four months at the Clear Creek County Jail, as he was unable to post bond.  The complainant alleged that during his four months of incarceration in the jail, CCCSO never obtained a sign language interpreter for him or set up a remote interpreter by video.  The complainant alleged that he complained to CCCSO on multiple occasions that his rights were being violated, but that throughout his four months in custody, CCCSO did not provide any auxiliary aids and services other than a pen and paper.  The complainant alleged that, as a result, he was extremely isolated and became depressed.

The incident that led to the investigation of the Longmont Public Safety Department (LPSD) involved another complainant who is deaf and uses sign language to communicate. The complainant alleged that he was twice called to Trail Ridge Middle School when his son, a student at the school, was facing disciplinary charges.  In both instances, the complainant’s son was cited for criminal infractions by a School Resource Officer employed by LPSD.  The complainant alleged that he was not provided with auxiliary aids and services that would have enabled him to understand the charges against his son and the subsequent law enforcement proceedings.

To address issues relating to interactions with deaf or hard of hearing individuals, CCCSO, ISPD, and LPSD each entered into a settlement agreement with the United States and agreed to improve their existing policies for communicating with deaf and hard of hearing individuals.  The U.S. Attorney’s Office resolved the complaints against CCCSO and ISPD in October 2023 and the complaint against LPSD in March 2023.  Under the revised policies, each of these agencies must evaluate the communication needs of individuals who are deaf or hard of hearing, provide those individuals with appropriate auxiliary aids and services, and train their employees on the procedures that apply to interactions with deaf and hard of hearing individuals.

The Department of Justice has reached prior ADA agreements with other Colorado law enforcement agencies, including the Larimer County Sheriff’s Office and the Jefferson County Sheriff’s Office, and with other local governmental entities, including the City of Englewood and the St. Vrain Valley School District, in circumstances where the agreement followed an ADA complaint involving a law enforcement interaction.  

“As these resolutions reflect, our office has continued to receive complaints from members of the public who are deaf or hard of hearing about difficulties they experience in their interactions with law enforcement agencies in Colorado,” said U.S. Attorney Cole Finegan.  “The measures adopted in these settlement agreements will improve public safety, safeguard the rights of individuals who are deaf and hard of hearing, and ensure that law enforcement officials know what to do when they encounter someone who is deaf or hard of hearing.”

The Department of Justice has now reached resolutions with seven different Colorado governmental entities of ADA complaints arising from law enforcement interactions with individuals who are deaf or hard of hearing.

The United States Attorney’s Office encourages law enforcement and other governmental agencies in Colorado to examine their policies, resources, and training, to ensure that officers and staff know their responsibilities under the ADA to provide effective communication for individuals who are deaf or hard of hearing.  If such agencies or members of the public have questions about the ADA or effective communication in law enforcement, they can contact the U.S. Attorney’s Office at usaco.civilrights@usdoj.gov.  Additional resources on effective communication and law enforcement can be found on ADA.gov.

These matters were handled by Assistant U.S. Attorneys Zeyen Wu and Bill Scarpato.