Month: August 2024

Source: United States Department of Justice Criminal Division

WASHINGTON – The Justice Department announced today that it has reached a landmark agreement with the County of Los Angeles to resolve its lawsuit alleging that the county violated the Americans with Disabilities Act (ADA) by denying voters with disabilities an equal opportunity to participate in its voting programs, services and activities when it failed to select and use facilities as polling places that are accessible to persons with disabilities.

“People with disabilities are entitled to full inclusion at the ballot box,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to safeguarding the right of every eligible voter, including voters with disabilities, to participate in our electoral process. This agreement should send a message to officials across the country regarding the need to ensure the accessibility of the voting process now.”

“The right to vote is essential to our democracy and must be protected for all voters,” said U.S. Attorney Martin Estrada for the Central District of California. “Voters with disabilities are entitled to an equal opportunity to vote in person, privately and independently, alongside their neighbors and friends. We commend Los Angeles County for its commitment to work with the Justice Department to ensure equal access for individuals with disabilities.” 

The lawsuit was filed in June 2023 following a lengthy investigation that found the county excluded individuals with disabilities from participating in the county’s in-person voting program. The U.S. Attorney’s Office for the Central District of California had surveyed hundreds of polling places in the June 2016, March 2020, November 2020 and November 2022 elections and found the vast majority had architectural barriers, such as steep ramps, abrupt level changes at walkways and entrance doors, and lack of accessible parking. These impediments prevented people with mobility and vision disabilities from being able to safely access vote centers and cast their ballots in person. The lawsuit also alleged that the county’s curbside voting program was inaccessible, as certain vote centers lacked signage indicating that curbside voting was available or failed to provide sufficient means by which a voter could contact an election worker for assistance with curbside voting.

The settlement, which was filed with the court earlier today, will increase accessibility for voters with disabilities. Under the agreement, Los Angeles County will work with an independent accessibility expert for three years on site selection policies and procedures to ensure that the county selects voting center locations that are accessible or can be made more accessible during the voting period by employing temporary remedial measures. The county has agreed to work with the expert and the department to implement the expert’s recommendations. The expert will provide semiannual reports on their findings to the county and the department. 

With more than 500 political districts and approximately 4.3 million registered voters, Los Angeles County is the largest election jurisdiction in the nation.

The Los Angeles County investigation is part of the department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities across the country. More information about voting and elections is available at www.justice.gov/voting. For more information on the Civil Rights Division please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. If you believe you have been discriminated against based on disability please submit a report at www.civilrights.justice.gov.

Assistant U.S. Attorney and Chief of the Civil Rights Section Richard Park and Assistant U.S. Attorneys Katherine Hikida, Matthew Barragan, Margaret Chen and Alexandra Young for the Central District of California handled the matter, in coordination with the Justice Department’s Civil Rights Division’s Disability Rights Section.

Last month marked the 34th anniversary of the ADA, which President George H.W. Bush signed into law on July 26, 1990. The ADA was the world’s first comprehensive civil rights law for persons with disabilities. As we celebrate the 34th anniversary of the ADA, we take time to recognize the benefits of the ADA while also appreciating that there is still work to be done to achieve the enduring goals of equity, inclusion and accessibility for persons with disabilities.

Source: United States Department of Justice Criminal Division

The Justice Department announced today its findings that the Texas Juvenile Justice Department (TJJD) is violating the U.S. Constitution, as well as the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).

“Children are committed to TJJD facilities to receive treatment and rehabilitation so that they may return to their communities as law-abiding, productive citizens,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation showed that, far from achieving those objectives, TJJD engaged in a pattern of abuse, deprivation of essential services and disability-related discrimination that seriously harms children and undermines their rehabilitation. State officials have an obligation to keep these children safe, to teach them, to provide them necessary health services and to treat them fairly, without discrimination. The Justice Department is committed to protecting the rights of vulnerable children in juvenile facilities. We look forward to working with state officials to remedy these violations, institute needed reform and improve outcomes for Texas children.”

The department’s report details findings from a comprehensive investigation of five TJJD youth facilities, including the Evins Regional Juvenile Center, Gainesville State School, Giddings State School, McClennan County State Juvenile Correctional Facility, and Ron Jackson State Juvenile Correctional Complex. The report concludes that:

• TJJD routinely violates the constitutional rights of children in all five facilities by:
  • Exposing them to excessive force and prolonged isolation;
  • Failing to protect children from sexual abuse; and
  • Failing to provide adequate mental health services.
• TJJD violates the IDEA by failing to provide special education and related services to children with disabilities.
• TJJD discriminates against children with disabilities in violation of the ADA by:
  • Not providing reasonable modifications necessary to permit their participation in programming required for release and
  • Denying them an equal opportunity to benefit from education.

These violations of the Constitution and federal law place children at substantial risk of serious physical and psychological harm and impede successful outcomes for children.

“My office was proud to partner with the Civil Rights Division and with other U.S. Attorneys’ Offices in our state on this thorough investigation of the Texas Juvenile Justice Department,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “The children in these facilities are uniquely vulnerable to harm and abuse, which hinders their prospects for rehabilitation. They deserve to be protected from harm, to receive adequate mental health care and to receive special education services and reasonable modifications that will give them a chance at productive lives in the community, outside of the walls of these institutions.”

“According to our report, TJJD falls short of creating an environment that fosters rehabilitation,” said U.S. Attorney Leigha Simonton for the Northern District of Texas. “Instead, some of its personnel engage in the use of excessive force and subject children to prolonged isolation, both of which are damaging. Texans know that this is not how we rehabilitate our children. We look forward to working with the State and TJJD to eliminate these issues going forward. Together, I am confident that we can implement practices that result in a better rehabilitative environment at the TJJD and ensure a pathway for children in their care to grow, heal and reach their full potential.”

“The conditions in the facilities are unacceptable,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “Our investigation found that children in these facilities face sexual abuse by staff and other children. Tragically, this is not the first investigation into allegations of sexual abuse at TJJD facilities. Since the early 2000s, other investigations by Texas state agencies and the Texas Rangers substantiated sexual abuse allegations of the children at TJJD facilities, yet this horrifying problem persists. Working with Texas’s other U.S. Attorneys’ Offices, the Civil Rights Division and the State of Texas, my office hopes to provide protections to the vulnerable and help right wrongs that have existed for far too long.”  

“States that receive federal funds to help educate children with disabilities are required to use those funds appropriately for the benefit of these children,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “Systematically failing to evaluate children suspected of having disabilities inevitably deprives these children of the special education these funds were meant to provide. Texas received funds under the Individuals with Disabilities Education Act, but failed to meet their obligation to ensure that children with disabilities would receive adequate education according to their special needs, among other things. Without appropriate services, children with disabilities in Texas juvenile corrections facilities cannot access the general education curriculum, preventing meaningful rehabilitation and progress. We look forward to working with Texas to rectify the issues we identified in our investigation so that these children, through meeting their educational needs, may have a better chance to succeed when they return to our communities.”

The Justice Department launched its investigation of TJJD’s juvenile justice facilities in October 2021, under the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994, which authorize the department to address a pattern or practice of deprivation of constitutional and federal rights of children confined to state or local government-run correctional facilities. 

The Civil Rights Division’s Special Litigation Section and the U.S. Attorneys’ Offices in Texas investigated the case.

For more information about the Civil Rights Division and the Special Litigation Section please visit www.justice.gov/crt/special-litigation-section. You can also report civil rights violations to the section by completing the complaint form available at civilrights.justice.gov.

To provide information related to the department’s investigation of TJJD’s facilities please call 1-866-432-0438 or email at TX.Juveniles@usdoj.gov.  

Spanish translation forthcoming. (La traducción al español estará disponible próximamente.)