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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON TERI MOSIER 320 ELM TREE LANE, APT. #506 LEXINGTON, KENTUCKY v. Plaintiff, THE COMMONWEALTH OF KENTUCKY C/O KENTUCKY ATTORNEY GENERAL JACK CONWAY 700 CAPITOL AVENUE, SUITE 118 and CHIEF JUSTICE JOSEPH LAMBERT in his official capacity, STATE CAPITOL, ROOM CAPITOL AVENUE and ADMINISTRATIVE OFFICE OF THE COURTS 100 MILLCREEK PARK and JASON NEMES in his official capacity, as Director of the Administrative Office of the Courts, 100 MILLCREEK PARK Defendants. Case No. J. Filed electronically COMPLAINT WITH JURY DEMAND ENDORSED HEREON Courthouse News Service

2 INTRODUCTION 1. Teri Mosier, a deaf attorney, brings this Complaint against the Commonwealth of Kentucky, Chief Justice Joseph Lambert in his official capacity, the Administrative Office of the Courts, and Jason Nemes in his official capacity (collectively, Defendants ). Defendants policy states that they must comply with the Americans With Disabilities Act by providing qualified interpreters for the deaf and hard of hearing. Defendants policy further states that they will not provide interpreting services for attorneys. See Exhibit A. Defendants refusal to provide qualified sign language interpreters to ensure effective communication with Plaintiff, a deaf attorney, during her court appearances violates Title II of the Americans with Disabilities Act, 42 U.S.C et seq., and section 504 of the Rehabilitation Act, 29 U.S.C PARTIES 2. Plaintiff, Teri Mosier, is deaf and resides at 320 Elm Tree Lane, Apt. 506, Lexington, Kentucky The Commonwealth of Kentucky ( the Commonwealth ) has a judicial system called the Kentucky Court of Justice. The Commonwealth is a recipient of federal financial assistance. 4. Joseph Lambert is the Chief Justice of the Supreme Court of Kentucky and the executive head of the Kentucky Court of Justice. Ky. Const. 110(5)(b). He is being sued in his official capacity. His office is located at State Capitol, Room 231, 700 Capitol Avenue, Frankfort, Kentucky The Administrative Office of the Courts ( AOC ) serves as the staff for the Chief Justice of the Supreme Court of Kentucky. AOC s duties include arranging 2

3 court interpreting services to ensure effective communication with individuals who are deaf or hard of hearing. AOC is a recipient of federal financial assistance. AOC is located at 110 Millcreek Park, Frankfort, Kentucky Jason Nemes is the director of the Administrative Office of the Courts. He is being sued in his official capacity. His office is located at 110 Millcreek Park, Frankfort, Kentucky FACTUAL ALLEGATIONS 7. Plaintiff is deaf. She is substantially limited in the major life activities of hearing and speaking. 8. Plaintiff is an attorney admitted to practice in Kentucky since Plaintiff cannot hear or understand court proceedings without appropriate auxiliary aids or services. 10. Plaintiff is able to participate fully in court proceedings when qualified sign language interpreter services are provided. 11. Defendants have a policy stating that the Kentucky Court of Justice must comply with the Americans With Disabilities Act by providing qualified interpreters for the deaf and hard of hearing. See Exhibit A. Defendants policy nonetheless further states that the Kentucky Court of Justice does not provide interpreting services for attorneys, public defenders, law enforcement officers, jail officials, other state agency employees, social workers or mental health workers. See Exhibit A. 12. Plaintiff has a solo private practice. 13. Plaintiff has requested that Defendants provide qualified sign language interpreters when she appears in court. 3

4 14. Defendants refuse to provide qualified sign language interpreters for Plaintiff s court appearances. 15. As a result of Defendants policy, Plaintiff is unable to appear in or represent clients in Defendants courts. 16. As a result of Defendants policy, Plaintiff is unable to accept new cases that require court appearances and must refer clients to other lawyers when the clients cases require appearances in Defendants courts. 17. As a result of Defendants policy, Plaintiff s practice is confined to providing limited legal representation that does not require appearances in Defendants courts. 18. Plaintiff loses fees when she must turn down or refer clients who require appearances in Defendants courts. 19. But for Defendants failure to provide auxiliary aids and services for Plaintiff s appearances in Defendants courts, Plaintiff would be able to represent clients in Defendants court on a regular basis. 20. Plaintiff has experienced and continues to experience significant financial loss, mental anguish, and emotional stress as a direct result of Defendants refusal to provide auxiliary aids and services for her court appearances. COUNT I (AMERICANS WITH DISABILITIES ACT) 21. Paragraphs 1 to 20 are realleged and reasserted as if fully set forth here. 22. Plaintiff is a deaf attorney admitted to practice in Kentucky; accordingly, she is a qualified individual with disability as defined in 42 U.S.C (2). 4

5 23. Defendants are a State government and a department, agency, or other instrumentality of a State or State government; accordingly, Defendants are public entities as defined in 42 U.S.C (1). 24. Title II of the ADA, 42 U.S.C , provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 25. Defendants have and continue to discriminate intentionally against Plaintiff in violation of Title II of the ADA, 42 U.S.C , by refusing to provide auxiliary aids and services necessary to ensure an equal opportunity for Plaintiff to participate in Defendants programs and activities and to ensure effective communication with Plaintiff. 26. As a result of Defendants actions, Plaintiff has been injured and suffered pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. COUNT II (REHABILITATION ACT) 27. Paragraphs 1 to 26 are realleged and reasserted as if fully set forth here. 28. Plaintiff is a deaf attorney admitted to practice in Kentucky; accordingly, she is a qualified individual with a disability. assistance. 29. The Commonwealth and AOC are recipients of federal financial 30. Section 504 of the Rehabilitation Act, 29 U.S.C. 794, provides that no qualified individual with a disability, solely by the reason of his or her disability, may be 5

6 excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 31. Defendants have and continue to discriminate intentionally against Plaintiff by refusing to provide auxiliary aids and services necessary to ensure an equal opportunity for Plaintiff to participate in Defendants programs and activities and to ensure effective communication with Plaintiff, in violation of Section 504 of the Rehabilitation Act, 29 U.S.C As a result of Defendants actions, Plaintiff has been injured and suffered pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. WHEREFORE, Plaintiff demands judgment against Defendants for the following: 33. To cease discrimination against Plaintiff and other individuals who are deaf or hard of hearing; 34. To promulgate written policies and procedures to ensure that Defendants provide auxiliary aids and services for all individuals who are deaf or hard of hearing, including attorneys who are deaf or hard of hearing, who appear in its courts; 35. To award compensatory damages to Plaintiff; 36. To award Plaintiff attorneys fees and costs; 37. To award Plaintiff any and all other relief as may be necessary and appropriate. 6

7 Respectfully submitted, /s/ Kelly Mulloy Myers Randolph H. Freking, Esq. (23509) Kelly Mulloy Myers, Esq. (86727) Freking & Betz, LLC 525 Vine Street, Sixth Floor Cincinnati, OH (513) /FAX: (513) Michael S. Stein, Esq. (pro hac vice pending) Marc P. Charmatz, Esq. (pro hac vice pending) National Association of the Deaf Law and Advocacy Center 8630 Fenton Street, Suite 820 Silver Spring, MD (301) / FAX: (301) JURY DEMAND Plaintiff hereby demands a trial by jury of all issues so triable. _/s/ Kelly Mulloy Myers 7