<<Note from MN: Disability rights are human 
rights! The class of disabled prisoners is 
probably a large one. Between military veterans 
and youth injured in street organization clashes, 
(not to mention accidents and illnesses), there 
are many disabled young people in the jails.--MN>>

http://www.aclu-sc.org/releases/view/103070


Sheriffs Refuse to Let Inmates With Disabilities 
Use Their Wheelchairs in LA County Jails and 
Punish Them by Denying Accessible Cells

Thursday, May 5, 2011

(LOS ANGELES)- ACLU of Southern California, 
Disability Rights California, Disability Rights 
Legal Center, and Winston & Strawn filed an 
application for a temporary restraining order 
against the Los Angeles County Sheriff's 
Department on behalf of an inmate with a mobility 
impairment, who needs a wheelchair, but is being 
punished by the Sheriff's Department for refusing 
an order from the Sheriff's Department to give it up.

Terry Alexander is a class member in the class 
action lawsuit, Johnson v. Los Angeles County 
Sheriff's Department, which was filed in 2008 
against the Los Angeles Sheriff's Department, Los 
Angeles County and Sheriff Baca on behalf of inmates with mobility impairments.

The plaintiffs argue that the jails are not 
wheelchair accessible, and that inmates are 
denied mobility devices such as wheelchairs, 
crutches, walkers or canes, even though they need 
them.  Inmates with mobility impairments also 
suffer discrimination because they are denied 
access to jail programs and services, including 
those that may reduce time served.  The inmates 
are also placed in cells that are not wheelchair 
accessible, which means that men have fallen 
because there are no grab bars to help transfer 
them to the toilet, and some of them are denied 
equal access to shower facilities.  This is a 
violation of the Americans with Disabilities Act, 
California and federal statutes, and the Eighth 
and Fourteenth Amendment of the Constitution.

"We need the court to step in immediately to 
protect Mr. Alexander, who is in 'the hole' for 
refusing to give up the wheelchair that is 
absolutely essential to his basic functioning," 
said Jessica Price, staff attorney for the 
ACLU/SC. "Doctors in the jail have decided that 
Mr. Alexander needs a wheelchair, and now the 
deputies are punishing him for failing to get out of his wheelchair."

"This is among the worst disability 
discrimination we've seen in a long time," says 
Shawna Parks, Legal Director for the Disability 
Rights Legal Center. "To not only deny a 
necessary accommodation, but also discipline 
someone for disputing that denial, flies in the 
face of every disability nondiscrimination statute on the books."

Mr. Alexander has a history of paraplegia. He has 
needed a wheelchair since 2003 after a number of 
his spinal discs were crushed by a forklift at 
his job.  In 2010 he was arrested.  He has had 
multiple doctors determine that he needs a 
wheelchair. Deputies put him in "the hole" ­ 
solitary confinement in disciplinary housing that 
is physically inaccessible with no accommodations 
for persons with disabilities --  on April 14, 
2011 for failing to get out of the 
wheelchair.  While in the hole, Mr. Alexander has 
fallen because there are no grab bars and he has 
difficulty transferring to the toilet.  He is 
also barred from using the telephone and 
therefore is unable to call his mother who had a stroke last year.

The plaintiffs are asking the court to order the 
defendants not to punish Alexander until he can 
have an independent medical exam to determine the 
medical necessity of his wheelchair.




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