NAD Lawsuit Says Trump Should Provide ASL Interpreter for Pandemic Briefings

The National Association of the Deaf has filed a lawsuit against President Donald Trump, the Executive Office of the President, the White House Office, Office of the Vice President and Press Secretary Kayleigh McEneny, challenging the president’s failure to provide American Sign Language (ASL) interpretation during public health briefings about COVID-19.

According to the National Association for the Deaf, the president’s refusal to an ASL interpreter when issuing information about the pandemic violates federal law, because it denies deaf and hard-of-hearing individuals equal access to information.

The Trump sign language lawsuit also explains that this failure imperils the safety of deaf and hard-of-hearing individuals, preventing them from accessing essential safety information that would protect them in the pandemic.

The COVID-19 briefing sign language lawsuit goes on to say the failure of Trump’s office to provide an ASL interpreter prevents deaf and hard-of-hearing individuals from accessing information shared not only by the president, but by public health officials such as Dr. Anthony Fauci and Dr. Deborah Birx.

According to the National Association of the Deaf, Trump could have easily provided a sign language interpreter while giving briefings about the pandemic. They note that many mayors around the country and governors of all 50 states were able to do so.

Additionally, leaders from around the world have supposedly provided sign language interpretation for coronavirus communications.

However, the office of the president and vice president continue to refuse to do so. According to the National Association of the Deaf, the office is well aware of the need and desire for a sign language interpreter. The association notes that they themselves have requested that the president provide sign language interpretation, along with 34 United States senators.

The National Association of the Deaf explain that as it is the “nation’s premier civil rights organization of, by, and for deaf and hard of hearing individuals,” it has associational standing to file lawsuits on behalf of its members who are hard-of-hearing and deaf.

Allegedly, this standing is valid because the members have their own rights to sue. The association goes on to say that filing such a lawsuit in the interest of protecting its members rights is central to its mission.

The association provides anecdotes of how its members have been affected by the president’s failure to provide an ASL interpreter.

One member explains that he does not have a computer, so television is his primary way to get important news. He expresses that he wants the information provided by the briefings to learn about issues including “progress in developing a potential vaccine and the impact of the pandemic on the economy and country as a whole.”

Another member explains ASL is his primary and preferred language and is essential to his communications.

He says he has attempted to watch the briefings but has not been able to understand them.

Allegedly, the closed captioning he can access is often inaccurate or is not available when he views the briefings on various websites and social media. He says he needs the information to stay safe and to care for friends, family and loved ones.

A third association member explains that for her, ASL interpretation makes the pandemic briefings accessible in a number of ways.

She says she never attended college and has trouble understanding the technical and complex information provided in closed captioning.

In contrast, she finds the information much easier to understand when presented by ASL. However, because the information is not provided in a way she can understand, she has no access to the information, she states.

Allegedly, Trump, the White House and others have violated the First Amendment of the U.S. Constitution in preventing deaf and hard-of-hearing audiences to have access to free speech.

The association also claims violation of the Rehabilitation Act of 1973, which allows individuals to not be subject to discrimination based on disability.

Have you encountered accessibility issues in your life? Share your experiences in the comments below.

The National Association for the Deaf is represented by Ian S. Hoffman of Arnold & Porter Kay Scholer LLP and Marc Charmatz of NAD Law and Advocacy Center.

The Trump Administration COVID-19 Briefings ASL Interpreter Lawsuit is National Association of the Deaf, et al. v. Donald J. Trump, in his official capacity as President of the United States, et al., Case No. 1:20-cv-02107-JEB, in the U.S. District Court for the District of Columbia.

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