Document Category: Intellectual Disabilities

This motion argues that courts must provide reasonable accommodations under the ADA and due process principles to ensure defendants with disabilities can meaningfully participate in their defense. It explains that court proceedings are protected services under Title II and that failure to accommodate—such as denying additional time, communication support, or assistive technology—can render a defendant effectively absent from trial. Relying on Tennessee v. Lane and related authority, the motion provides a framework for securing accommodations necessary during court proceedings for clients with disabilities.

This motion argues that jails and pretrial detention facilities must provide reasonable accommodations under Title II of the ADA to ensure equal access to programs, services, and basic conditions of confinement. It explains that denial of accommodations—such as medical care, accessible housing, or participation in programming—constitutes unlawful discrimination and can exacerbate physical and mental health conditions. Relying on Pennsylvania Dep’t of Corr. v. Yeskey and related cases, the motion emphasizes that ADA protections fully apply in custodial settings and impose an affirmative duty to provide accommodations for incarcerated individuals with disabilities.