Prisons Must Obey U.S. Disabilities Act

A federal appeals court in San Francisco has issued two decisions requiring California prison officials to comply with the Americans With Disabilities Act--rulings that could compel the state to provide better wheelchair access, interpreters for deaf inmates and special education for inmates with learning disabilities.

In unanimous rulings issued Wednesday, the U.S. 9th Circuit Court of Appeals upheld decisions by two federal district judges in San Francisco.

In both cases, the 9th Circuit rejected the arguments of the California attorney general’s office that the disabilities act did not apply to prisons and that the 11th Amendment of the U.S. Constitution gives states immunity from lawsuits to force it to comply with the 1990 law.

The basic purpose of the act is to remedy discrimination against disabled people by requiring public entities and private businesses to provide them equal access to facilities and programs.

Donald Specter, director of the Prison Law Office, a public interest program based in San Rafael, Calif., said he was pleased with the decisions, stressing that they were in accord with other rulings.