Panel finds city biased against deaf man

Last Updated on Sunday, 13 December 2009 17:01 Written by Betty Adams Tuesday, 22 September 2009 00:00

AUGUSTA -- City police discriminated against a deaf Augusta man when officers failed to fulfill his request for an interpreter.

That was the conclusion of the Maine Human Rights Commission, which voted 3-0 Monday to find reasonable grounds to believe that Wayne Draper was a victim of unlawful discrimination in access to public accommodation.

Draper had filed a complaint with the commission charging that the city and the police discriminated against him when it failed to accommodate his requests for an interpreter on two separate occasions.

Commission findings are not law but may become grounds for lawsuits.

Draper was represented by attorney Sean Ociepka of the Disability Rights Center of Maine, who said refusal to call an interpreter denied Draper his right to effective communication. Ociepka said the case now will go through a conciliation phase, in which the parties will attempt to settle their dispute. "If not, then Wayne has the opportunity to file in court," Ociepka said.

The commission heard oral arguments in the case Monday.

Ociepka told commissioners Draper was denied his request for an interpreter twice."He was questioned by police and then interviewed as a purported victim of a crime," he said.

The city's attorney, Stephen Langsdorf, argued against the finding.

"Our stand is that the Police Department did not discriminate in any way and treated Mr. Draper fairly," Langsdorf said.

According to documents in the case, Draper and a companion spotted a vacant hunter's tree stand at Riverside Drive and Route 3 on Nov. 10, 2007. After failing to find identification tags on it, they put the stand in the back of a pickup.

The tree stand owner returned as they were driving off, and he called police.

Draper said he tried to show the investigating officer a card indicating he wanted a sign language interpreter called.

He said the officer refused and wrote a note saying Draper was to speak to a different officer.

Langsdorf said Draper presented the card once and didn't present it again. Langsdorf said officers communicated with Draper in writing.

"How many times does someone have to show a white card?" Commissioner Kenneth Fredette asked Langsdorf.

Michele Dion, a commission investigator, said Draper told her the officer was rude and motioned him away.

"He said he felt very frustrated and felt his card was being ripped up in front of him," Dion said at the hearing. "He felt Augusta police were trying to sweep deaf people away."

Draper was not charged in the incident.

Several weeks later, Draper encountered the tree stand owner in a supermarket and said the man made a threatening gesture against him. He again requested an interpreter, and Langsdorf said one was provided that same day.

"As a a result, they warned the individual who owned the tree stand," Langsdorf said. "There was no lack of effective communication, no discrimination, no denial of any services or benefits."