Filed: December 18, 2019
Court: Tenth Circuit Court of Appeals
Overview: The amicus brief supported Mr. Cropp’s petition for a rehearing en banc. Mr. Cropp is an individual with Alzheimer’s who was arrested after police found him wandering in his neighborhood and tackled him to the ground when he would not answer their questions. His wife came to visit him in jail and asked for an accommodation to be able to sit next to him and explain the release form he was required to fill out in order to leave the jail. Despite knowledge of Mr. Cropp’s disability, the County denied these accommodation requests without making an individualized inquiry or analysis of his communications needs. The district court granted the County’s motion for summary judgement and the Tenth Circuit affirmed.
Excerpt: “The majority’s decision undermines the requirements of Title II in two ways…First, Title II requires that public entities provide communication with disabled people that is “as effective as” communication with nondisabled people. In contrast, the majority would require disabled people to show that communication offered by a public entity was ‘wholly ineffective.’ Second, Title II requires that governmental entities give “primary consideration” to the requests of disabled people in determining the appropriate method of communication with them.”
Status: Awaiting decision from Tenth Circuit