Court Accessibility

It is important to understand your rights so you can advocate for yourself if needed. Courts should be accessible to individuals with disabilities. People with disabilities should not be excluded from court activities because they are not accessible. You may need an auxiliary aid/service, accommodation, and/or modification to accommodate your disability. Below are some examples of common needs and accommodations.

Effective Communication

If you have a disability that impacts your ability to communicate, it is important to let the court know if you need communication help to participate in its programs or services. Courts must take steps to ensure that communications with people with disabilities are as effective as communications with people that do not have a disability. This means courts must provide “auxiliary aids and services” when a person needs it to have effective communication.

Auxiliary aids and services can include a sign language interpreter, captioning, assistive listening devices, materials in other formats like large print or Braille, video remote interpreting and others.

The type of auxiliary aid or service needed will depend on the needs of the person and the nature, length, and complexity of the communication. The court should give primary consideration for the type of auxiliary aid or service requested by the person with a disability. This does not mean you will get the  specific auxiliary aid or service you requested. You could be supplied with a different one if it provides for the same level of communication. With an auxiliary aid or service, you should be able to participate in communications during your time at court. The court cannot charge you for an auxiliary aid or service. 

Auxiliary Aids or Services for the Deaf/Hard of Hearing

Some of the accommodations you could request are:

• Assistive listening system
• Qualified sign language interpreter
• Cued speech transliterator
• Communication access real-time transcription (CART)

Sign Language Interpreters: When a sign language interpreter is requested, Title II requires that the interpreter be “qualified.”  This means that the interpreter is effective, accurate, and can use any special vocabulary for the situation. South Carolina has a sign language interpreter law that applies to South Carolina Courts. This says that the interpreter also must have a certification in sign language interpretation approved by the South Carolina Association of the Deaf, the South Carolina Registry of Interpreters of the Deaf, or the National Registry of Interpreters for the Deaf.  A court cannot lawfully require a family member or a friend to interpret.

Video remote interpreting (VRI): VRI is a service that offers an interpreter through electronic means. The interpreter should still be a qualified interpreter. If VRI is offered, the court must ensure that the interpreter on the screen is clear and large enough to view them, voices are clear, and the internet connection does not result in lags, freezing, or pauses. Courts that use VRI should have staff that are trained to use VRI. Let the court staff know if VRI doesn’t work for you. For instance, if you have trouble seeing the video screen or the interpreter keeps freezing.

Telecommunications relay service: Court staff must accept calls from telecommunications relay service, like video relay service, just as it would respond to all calls.

Auxiliary Aids or Services for Visual Disabilities

Some of the accommodations you could request are:

• Alternative formats, such as materials in large font
• Reader
• Braille
• Preferential seating

Physical Accessibility

People with disabilities should not be excluded from courthouse activities because they are not physically accessible. This includes areas like parking and restrooms. For places that are not accessible, courts should work with the person with a disability to provide access to its services. This could vary depending on the service needed, such as moving to an accessible courtroom or moving furniture to create an accessible route of travel. 

People should be able to use their wheelchairs or mobility aids, like a walker or crutches, in public areas of court. 

Service Animals

A service animal under Title II is a dog or a miniature horse trained to do a task to help a person with a disability. Courts must permit service animals, unless the service animal is not under control of its handleror the service animal is not housebroken. In these instances, the person should still be given the opportunity to participate in the court service without the service animal. If it is not clear that the animal is a service animal, court staff may ask two questions to determine if the animal is a service animal. It may ask if the animal is required because of disability and what work/task the animal has been trained to perform. A person with a disability does not have to provide any documentation that the animal is a service animal. Service animals should be permitted to go wherever a person without a disability can go at a courthouse. For more information about services animals, see DRSC’s resource guide “Assistance Animals in South Carolina.”

Assistive Technology

An assistive technology device is any item, product, or equipment that is used to increase, maintain, or improve the functional capabilities of a person with a disability. It can be high tech or low tech and it can be something that has been customized or modified to fit the person’s needs.

Sometimes you may have your own assistive technology device that you would like to use when you interact with the court. This could be an augmentative communication device or a magnifier. If the court has a policy that would typically forbid the type of technology you are using, you could ask for a modification of the policy to use your assistive technology. 

Other Disability Related Needs

You may need other types of accommodations or modifications based on your specific disability related needs. 

For instance,

• If your disability prevents you from going to the courthouse in person, you could ask if a remote appearance is available.
• If you have a disability that impacts your ability to process information, you could ask the speaker to talk more slowly. 
• If your disability impacts your sleep making mornings difficult, you could ask for court in the afternoon.
• If you have a disability that impacts your ability to fill out forms without assistance, you could ask for help with filling out the forms.
• If you need to take breaks to take medication, you could ask for scheduled breaks.