Looping the Deaf and Hard of Hearing Into Our Judicial System

Last year, the United States Supreme Court installed a hearing loop system that will help those who wear hearing aids or cochlear implants hear better in the nation’s highest court. The new induction listening system, which is in addition to the High Court’s existing FM and infra-red listening devices, transmits sound through an electromagnetic signal that can be picked up by the telecoil of a hearing aid or cochlear implant.[1]

 

The new system is intended for use by court visitors and by attorneys appearing before the court. The Deaf and Hard of Hearing Bar Association (DHHBA) recently had thirteen members of their organization sworn in and admitted to the Bar of the United States Supreme Court. All members are Deaf or Hard of Hearing attorneys. The Supreme Court provides sign language interpreters and real-time captioning services (also known as Communication Access Realtime Translation, or CART) to DHHBA participants.[2] The hearing loop makes this experience more meaningful for those attorneys with hearing aids and cochlear implants.

There are three types of technology used for assistive listening:  RF (radio frequency), IR (infrared) and IL (induction loop).  All of these technologies produce much of the same result:  the audio source transmitted wirelessly to a personal receiver or directly to a compatible hearing-aid.

In an RF system, the signal is transmitted over radio frequencies (specifically the FCC mandated 72 and 216 MHz bands) to a personal receiver. The advantage of RF technology is that there are no “line-of-site” issues and the technology can cover a wide area indoors or outdoors. 

An IR system uses infrared light to transmit audio. The advantage of IR technology is that the system is secure—the audio signal will never leave the room. The challenge is a listener should be within line-of-site of the emitter/radiators. Also, the shape of the room, the coverage, and line-of-site issues usually require more thought and consideration during the design stage.

In an Induction Loop system, an integral wire is installed around the room in a variety of ways creating an induction field that can be picked up by hearing aids with a tele-coil, which more than 60 percent of hearing aids today and 100% of cochlear implants have. Many venues and users alike enjoy this type of an assistive listening system because the users’ disability is invisible as they simply use their hearing aids to receive the audio signal. There would be no need to ask for a receiver.

It is clear that the United States Supreme Court is committed to making their courts accessible to all Deaf and Hard of Hearing individuals regardless if they are members of the legal profession or are there to observe court proceedings. They are leading the way in opening up the courts to those with a hearing loss.

Making our courts accessible across the United States is still an ongoing challenge.  We have come a long way from the days when it was permissible for a person to be denied service or barred from a courthouse because they had a disability. However, many courtrooms still do not have hearing loops or other devices installed.

In 1990, the landmark Americans with Disabilities Act was passed by congress. It was the nation's first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications. There are new rules that the US Department of Justice released in 2010 in regards to ADA compliance and assistive listening.  These new updated rules apply to all new construction and alterations since March 15, 2012 and are mandatory by law.  The number of receivers and number of hearing aid compatible receivers depends on the total occupancy of the venue. [3]

Deaf and Hard of Hearing Individuals need access to court ordered services because there has been a “pattern of unconstitutional treatment in the administration of justice in our nation’s history towards individuals with a hearing loss.”[4] When Congress was considering passing the Americans With Disabilities Act of 1990 (ADA), they discovered that that many individuals, in many states across the country, were being excluded from courthouses and court proceedings by reason of their disabilities.”[5] A task force established by Congress “heard numerous examples of the exclusion of persons with disabilities from state judicial services and programs, including the exclusion of persons with visual impairments and hearing impairments from jury service [and] failure of state and local governments to provide interpretive services for the hearing impaired.”[6]

Although many courts do a fine job in providing Deaf members of the community with American Sign Language (ASL) interpreters, not all individuals with a hearing loss use ASL. There are many individuals who rely on technologies such as hearing aids and cochlear implants, assistive listening devices such as hearing loops, or real-time captioning (CART). Without the necessary technology in our courtrooms, meaningful and crucial information is missed which may lead to severe and unjustified consequences to the administration of justice.

I encourage our judicial system to follow the example of the United States Supreme Court by making our courtrooms accessible to people with a hearing loss by installing hearing loops and other technologies in all of our courtrooms so that people with hearing loss have equal access to our courts.

[1]"Supreme Court Gets a Hearing Loop| David H. Kirkwood | Hearinghealthmatters.org/hearingnewswatch/." Hearing News Watch. 2014. Web. 09 Apr. 2016.

[2] Anat Mytal, "DHHBA Members to Be Sworn into United States Supreme Court Bar." Deaf and Hard of Hearing Bar Association. 06 Apr. 2016. Web. 09 Apr. 2016.

[3] "2010 ADA Standards for Accessible Design." Hearing Chattanooga. Web. 9 Apr. 2016. <http://www.hearingchattanooga.org/news_items/ADA Standards 219 706ALDs .pdf>.

[4] Tennessee v. Lane, 541 U.S. 509, 524-525 (2004).

[5] Id. at 527.

[6] Id.