Differently bodied people have rights, too. Unfortunately, some counties are more willing to accommodate than others.
I have met and worked with multiple hearing impaired individuals who for years now, have been denied basic civil rights by the Barry County Courts and Prosecutor’s Office. Being denied interpreters, refusing to properly communicate, even watching someone’s hearing aid batteries die with a courtroom full of staff and doing nothing about it.
I watched a defendant’s hearing aids die during a December 2023 Resentencing hearing that ran way too long due to Judge Michael Schipper and the Prosecutor’s office denying due process.
Their lack of empathy demonstrates ableism and yet another outright refusal to honor constitutional protections.
What is Due Process?
The United States Constitution’s Fourteenth Amendment guarantees citizens due process rights, backing up the Fifth Amendment, and stating,
…nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
United States Constitution, Fourteenth Amendment
The Sixth Amendment adds even more for those accused of criminal activity, such as right to a fair trial and effective assistance of counsel. All of this entails:
- Fair procedures and equal protection under the law
- Not depriving someone of life and liberty without good reason
Due Process & Equal Access to Public Services
The above amendments intend to afford due process to every American, but some Americans may need a little extra help.
To ensure Due Process, it is required by both Michigan and Federal law to provide individuals with equal access to courts. To make this happen, people with disabilities should be accommodated, providing them with the tools they require to participate.
For people with wheelchairs, that means installing ramps, elevators, special parking. For the hearing impaired, it requires courts provide interpreters, assistive hearing devices, and other accommodations as necessary.
MCL Section 37.1102, the Persons with Disabilities Civil Rights Act, prescribes:
The opportunity to obtain employment, housing, and other real estate and full and equal utilization of public accommodations, public services, and educational facilities without discrimination because of a disability is guaranteed by this act and is a civil right.
The State Court Administrative Office specifically prepared a guide for those working in courts to ensure accommodations are met.
It is especially important to advocate for the rights of others. If they will trample on the disabled and get away with it, no one’s rights are off limits.
Call to Action
If you find yourself in a court room as a disabled individual, there are many things you can do:
- Request Americans with Disabilities Act (ADA) accommodations here.
- Ask a court watching team or trusted loved ones to attend so they may also listen to what is being said; multiple witnesses can back up your story and usually ensures better behavior.
- If you are deaf and have been mistreated, contact The Michigan Department of Civil Rights Division on Deaf, Blind and Hard of Hearing
- If they violate your rights, file a complaint with the Michigan Department of Civil Rights; they will open an investigation.
