Advocacy group sues over prisons settlement

Jeffrey Schweers, Tallahassee Democrat USA TODAY NETWORK – FLORIDA
12/6/2019


A group representing the rights of inmates with disabilities has sued the Florida Department of Corrections, saying the state agency hasn’t lived up to the promises it made three years ago in a settlement with the nonprofit organization.

Disability Rights Florida (DRF) filed suit in the 2nd Judicial Circuit civil court in Tallahassee this week, saying the department is in breach of its agreement.

The complaint says it has failed to enact changes to make necessary accommodations to improve the quality of life for inmates with disabilities and obey federal law.

The group alleged “a widespread pattern of failures to comply” with the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the 8th Amendment of the U.S. Constitution and the due process clause of the 14th Amendment.

“Thousands of (state) prisoners with disabilities were suffering as a result of the (department’s) failure to provide the accommodations, aids, and services required by those laws,” the latest 34-page complaint said.

The complaint was filed on behalf of the group by Dante Trevisani and Erica Selig of the Florida Justice Institute.

The department has not been served yet, an agency spokeswoman said.

The department “has been working collaboratively with Disability Rights Florida over the last three years to ensure compliance with the identified ADA issues at our facilities,” said Michelle Glady, its communications director.

“We have sent a proposed corrective action plan to address DRF’s concerns and will continue to make the necessary improvements agreed to,” she added.

The disability rights group filed its original lawsuit in January 2016 under former Corrections Secretary Julie Jones. After 18 months of protracted litigation, the parties entered into a “comprehensive settlement agreement that required sweeping changes” to help those who are blind, vision-impaired, hard of hearing, deaf or have mobility challenges.

The state agreed to make accommodations, including hiring interpreters and buying hearing aids, canes and wheelchairs, at 28 correctional institutions.

Disability Rights Florida spent two years working with the FDC to put those changes in place, but determined the state agency is still not in compliance with federal disability rights laws.

The nonprofit group concluded the state is in breach of the settlement agreement.

Disabled inmates are being excluded from programs, services and activities and suffering from lack of accommodations, services and aids, the complaint said.