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New Mexico Courts webinar reiterates courts' duty under ADA Title II and reviews recent case law
Summary
A New Mexico Courts training led by Peggy Cadwell and Professor Bruce Adelson reviewed Title II obligations, DOJ guidance, and recent court decisions (including a New Mexico Court of Appeals opinion) to stress documentation, primary-consideration of communication preferences, and preservation of aids like TTYs.
Peggy Cadwell, statewide Title II ADA coordinator for the courts, opened a recorded New Mexico Courts webinar on effective communication and said materials would be posted and made available by request to ADA@NMcourts.gov.
Professor Bruce Adelson, the session presenter, framed the legal baseline: “the ADA Title II says that people with disabilities cannot be excluded from participation in programs or denied services because of a disability,” and public entities must remove communication, online and physical barriers so programs remain accessible.
Adelson reviewed auxiliary aids and services — including certified sign-language interpreters, oral and tactile interpreters, real-time captioning, qualified readers and Braille — and emphasized that the offered accommodation must actually enable effective communication for the individual. “If communication is not legally effective… it doesn't matter that you offered me something because it doesn't work for me,” he said.
He highlighted two recurring principles: first, give ‘‘primary consideration’’ to an individual’s requested communication method; second, document requests and the individualized evaluation and response. “Show me what they asked for. Show me how you responded,” Adelson said, urging courts to keep a clear record that will support compliance reviews or litigation.
The presenter urged courts to retain rarely used equipment rather than discard it: “Don't throw out your TTYs,” he advised, because TTY remains in the ADA regulations and must be made available if it is an individual's preferred method.
Adelson also summarized recent litigation trends: some courts treat DOJ guidance as an important resource and courts are increasingly applying a ‘‘like experience’’ standard (e.g., ensuring a blind patron can check in in a way comparable to sighted patrons). He discussed the National Association of the Deaf litigation over broadcast interpreters and advised that posted videos include a picture-in-picture sign-language interpreter plus captioning when feasible.
During Q&A, Adelson described qualified readers as providers who pace and present information to improve comprehension for people with cognitive or communication disabilities. Cadwell told attendees the courts have a vendor for qualified readers and asked participants to request the PowerPoint via ADA@NMcourts.gov.
The webinar reaffirmed practical steps courts should take: adopt and follow DOJ guidance, document accommodation requests and responses, give primary consideration to individual preferences, retain legacy devices like TTY where requested, and train front-line staff to avoid hostile or exclusionary responses.
