The Equal Protection Clause under the Fourteenth Amendment declares, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". Equality is engraved in the Supreme Court of the United States and is repeated in many courtrooms across the country. But for millions of deaf and disabled citizens, that promise is broken. Our justice system was supposed to ensure fairness, but actually alienates and, in some cases, harms those that we are supposed to protect.
Accessibility Is a Right
On March 19, 1990, over 1,000 disabled citizens marched to the U.S. Capitol to order Congress to pass the Americans with Disabilities Act (ADA). Around 60 individuals decided to push away their mobility aids and crawl up the Capitol steps. Known as the "Capitol Crawl", it highlighted the inaccessibility in our cities and buildings, which deeply impacted citizens with disabilities. This demonstration also emphasized the need for the ADA to pass.
The Americans with Disabilities Act (ADA) was a landmark civil rights law that prohibited discrimination against disabled citizens in many areas of public life. This act also provided access and accommodations, like sign language interpreters, assistive learning devices, physically accessible courtrooms, and many more. Especially during court, these accommodations made a profound impact. If a citizen cannot understand what is being said in court, they cannot fully defend themselves, testify efficiently, or even understand the consequences in the court system.
In Tennessee v. Lane, a historic Supreme Court case that reinforced the Fourteenth Amendment, the Court ruled that access to courts is a constitutional right. Denying accommodations violates due process. While this 2004 Court case provided a strong legal precedent, many barriers still exist today.
When Access Fails, Justice Fails
Throughout the United States, many courts continue to make empty promises. According to the U.S Department of Justice Civil Rights Division, there have been many instances where courts fail to provide basic accommodations like qualified interpreters. For deaf citizens, not having a certified interpreter can completely derail a case. Instead of hiring these interpreters, many of the courts rely on written notes, untrained staff, and family members as interpreters. Groups like the National Association of the Deaf have numerous documented cases where deaf defendants were expected to use scribbled notes instead of interpreters. Not everyone can understand legal jargon; without the proper interpretations, it is incredibly hard to understand.
Without access, the consequences create skepticism about the fairness of our legal system. When individuals are not given the proper accommodations, defendants might accept plea deals they do not understand, misinterpret witness testimony, or be unable to defend themselves. In certain cases, this can lead to wrongful convictions, which could have been avoided with equal access.
Technology in the Courts
Due to the COVID-19 pandemic, many court proceedings went virtual. These introduced both opportunities and challenges. Remote hearings created more accessibility for individuals who faced barriers to attending court proceedings in person. However, many of these virtual hearings lacked reliable captioning, qualified interpreters, and more. While technology does have its pros, it could also amplify existing inequalities rather than solve them.
What Needs to Change
By acknowledging the problems we have in our system, we need to create real, meaningful systemic change in our justice system. Courts must ensure that there is standardized access to certified interpreters in all proceedings. Not to mention, court workers need training on disability rights so that accommodations are not treated as optional. The courts also need to invest in modern technology, with real-time captioning and access to more virtual court platforms. We also need stronger enforcement, with more federal agencies monitoring and addressing violations before they occur. Overall, individuals, like ourselves, need to change. We cannot view accessibility as a burden, but as a fundamental right that everyone should have.
Many reports have brought this issue into light. News outlets like NPR and ProPublica have been documenting cases in which citizens were forced to partake in court proceedings without the proper accommodations. Many of these stories shared a troubling pattern: deaf individuals battling to follow hearings without interpreters, disabled citizens were excluded from jury duty, and litigants were unable to communicate with judges or attorneys. It shows that these incidents do not just happen once, but are an ongoing issue that is part of the systemic problem that is in our justice system. For those who are influenced, these patterns are personal and can shape every aspect of their life. When the process itself is inaccessible, those outcomes are not just unfortunate but are unfair.
Why Does This Matter?
Access to the courts is not just a disability issue; it is a justice system issue. When we exclude one group from the system, it creates a precedent that fairness is conditional. The legal system depends on accuracy, communication, and informed decision-making. If one citizen cannot fully understand what is going on, the judicial process is compromised. Failure to accommodate deaf and disabled individuals not only harms them but weakens public confidence in the justice system as a whole.
Due process requires more than just the courtroom; it requires that individuals have equal access and opportunity to be heard and to understand the cases that are against them. A defendant who cannot testify properly can undermine the fairness of the trial.
The Big Picture
The issue is not about complying, it is about legitimacy. When the justice system starts to exclude and disengage citizens, distrust increases. As many individuals start losing their confidence in the courts, it is unable to function fairly and effectively. For deaf and disabled Americans, the fight for accessibility in the courts is all about dignity, fairness, and fundamental rights. Until the system fully delivers on its promises, equal justice remains a mere aspiration rather than a reality.
Works Cited
- Americans with Disabilities Act. 1990. https://www.ada.gov.
- Tennessee v. Lane. 541 U.S. 509 (2004).
- U.S. Department of Justice Civil Rights Division. "Disability Rights Cases and ADA Enforcement." Accessed April 21, 2026. https://www.justice.gov/crt.
- National Association of the Deaf. "Legal Rights and Advocacy Resources." Accessed April 21, 2026. https://www.nad.org.
- National Center for State Courts. "Access to Justice and Court Accessibility Resources." Accessed April 21, 2026. https://www.ncsc.org.
- NPR. "Disability and Court Access Coverage." Accessed April 21, 2026. https://www.npr.org.
- ProPublica. "Criminal Justice and Accessibility Investigations." Accessed April 21, 2026. https://www.propublica.org.