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Title II of the Americans With Disabilities Act became effective Jan. 26, 1992, and prohibits discrimination on the basis of disability by state and local governments, including the courts – in other words, a person cannot be denied access to court services, activities or programs (including jury duty) unless it would fundamentally alter the program or cause an undue burden. Rather, the person with a disability should be advised who to contact to request the accommodation. A valuable resource is the ADA Project (800-949-4232).

The U.S. Supreme Court issued its decision May 17, 2004, in Tennessee v. Lane, affirming the Sixth Circuit's opinion in a 5-4 decision. The majority upheld the constitutionality of the provisions of Title II of the ADA that allows for private citizens to bring suits for money damages against the state for failing to provide reasonable access to the courts.

This document provides information about the administrative requirement of Title II of the ADA, including the mandates to designate an ADA Coordinator, give notice about the ADAs requirements, and establish a grievance procedure. → Model Grievance Procedures for Circuit Courts

Deaf and Hard of Hearing
When court personnel become aware that a person is deaf or hard of hearing, the court must give the person their choice of auxiliary aids and services. This includes spectators so they have an equal opportunity to benefit from programs, activities and services at no charge to them (including weddings).

Several statutes found in Sections 476.750 through 476.766, RSMo deal with deaf and hard of hearing communication in the legal setting:

• A deaf or hard of hearing person who is a party, juror or witness at any stage of any judicial or quasi-judicial proceeding in this state or its political subdivisions is entitled to auxiliary aids and services. Section 476.753, RSMo lists the proceedings.
• Section 476.760, RSMo legislates communications between a deaf person or hard of hearing person and his attorney through the use of auxiliary aids and services are privileged.
• At no time shall any deaf person or hard of hearing person involved in a proceeding or action as provided for in sections 476.750 to 476.766 assume any portion of the cost for an interpreter or auxiliary aids and services nor shall the court, board, commission, department, agency or legislative body assess the cost for an interpreter or auxiliary aids and services to the cost of such proceedings. The only method of waiving the right to auxiliary aids and services by a deaf or hard of hearing person is for the person to sign a written waiver.
• Section 494.425 (5), RSMo was amended in 2004 to include: Any person unable to read, speak and understand the English language, unless such person's inability is due to a vision or hearing impairment which can be adequately compensated for through the use of auxiliary aids or services. This means a person can serve if an auxiliary aid or service enables them to know what is being said. This includes readers for the blind, the assistive listening devices for the hard of hearing, and real time captioners for the deaf and hard of hearing. The primary consideration shall be obtaining the accommodation requested by the person with a disability.
• These and additional statutes are found in full in this document.