LOS ANGELES, CALIF. - People with disabilities face inhumane treatment and illegal discrimination in the Los Angeles County jail system because it routinely fails to accommodate their needs. Today, civil and disability rights attorneys are filing suit in U.S. District Court to stop the mistreatment.

The suit alleges widespread and pervasive violations related to classification, housing, access to programs and services, medical care, and physical barriers for people with disabilities in L.A. County jails.

'You would expect that in Los Angeles in 2008 any person in the jail would have access to a toilet, a phone and a drink of water,' said Shawna L. Parks, Director of Litigation at the Disability Rights Legal Center (DRLC). 'People with disabilities in Los Angeles County jail are not guaranteed even these basic things.'

In an investigation that included interviews with almost 70 inmates over several months, the civil rights attorneys heard accounts of them having to sit or lie in their own waste for hours because wheelchair-accessible toilets and showers were either non-existent or dangerous, or because guards took away catheter bags that allowed them relief at night. Others had to drag themselves on the floor because they had no access to their wheelchairs or, when they did, bathroom doors weren't wide enough for them.

'There were no grab bars,' said Francis Tribble, an inmate who is in a wheelchair after a car crash shattered his left leg and crushed his feet. 'I had to lower myself out of my wheelchair at the entrance to the toilet and crawl and drag myself along the ground . . . then pull myself up to the seat. The ground was filthy, which made it even worse.'

Other accounts showed some guards' shocking indifference to the plight of their charges.

'I asked a deputy if I could see a doctor,' said Michael Curfman, who is paralyzed on his left side and has a brain injury that impairs his balance. 'I was told that I will see one only if I'm bleeding or dying.'

Curfman requested a wheelchair for his balance problems but was given only a rickety walker after his mother complained to officials. And because toilets and showers have no grab bars, he has often fallen when trying to use them.

"This is the most egregious example of government brutality I have ever witnessed,' said Virginia Keeny, one of the attorneys filing suit. 'These individuals are being treated worse than animals."

The attorneys stressed that many of the plaintiffs, while in jail, have not been prosecuted.

'The victims of the county's inhumane practices include detainees who have never been convicted of a crime,' said Mark Rosenbaum, legal director for the American Civil Liberties Union of Southern California. 'It is as if the county is punishing these detainees for their disabilities, inflicting misery and humiliation on that basis alone.'

An expert's review of the jail system in late 2007 said jail inmates with disabilities face a maze of barriers. It also found that the county's ham-handed way of segregating these inmates relegates them to the worst facilities and bars them from participating in more than 100 programs that can help them lead a productive life upon release.

'It appears that inmates with disabilities have no access at all to the vast majority of programs and services of the L.A. County Jail system,' wrote Logan Hopper, the nationally known expert on disabled accessibility who conducted the review and drafted an accompanying report.

The civil rights coalition that brought the lawsuit comprises attorneys with HellerEhrman LLP and Hadsell, Stormer, Keeny, Richardson & Renick LLP, as well as the ACLU/SC and the DRLC.

'As we began investigating, we were horrified to learn the details of the county's systemic discrimination against inmates with disabilities,' said John Ulin, partner at HellerEhrman. 'We knew we had to get involved.'

The suit followed months of dialogue with the Los Angeles County Sheriff's Department that aimed to improve jail conditions and help the county comply with federal law. The Hopper review was shared with county officials in an effort to resolve the problem without a lawsuit. Attorneys for the inmates proposed a framework for short- and medium-term changes that addressed the worst access barriers, plus a 90-day evaluation of all programs. So far, county representatives have been unwilling to agree to these changes.

'We remain hopeful that this problem can be resolved amicably,' said Melinda Bird, senior counsel for the ACLU/SC. 'The parties continue to meet, and spoke as recently as yesterday afternoon about options for settlement. We are willing to work around the clock to find a mutually agreeable solution that will ensure the security of the jail and still honor and protect the dignity and well-being of inmates and detainees with disabilities.'

Date

Wednesday, May 28, 2008 - 12:00am

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SAN FRANCISCO - Attorneys representing same-sex couples, Equality California and Our Family Coalition filed a legal brief today opposing a request to stay the court's ruling and prevent couples from marrying for several months. The request to stay the California Supreme Court's ruling was filed shortly before the Memorial Day weekend by an Arizona-based, right-wing legal group, the Alliance Defense Fund, on behalf of the Proposition 22 Legal Defense & Education Fund.

'Two weeks ago, the state Supreme Court ruled in favor of fairness in marriage for all Californians,' said Ramona Ripston, Executive Director of the American Civil Liberties Union of Southern California. 'A stay of that historic decision would return us to the idea that some Californians are more equal than others.'

On May 15, the California Supreme Court ruled that the state may no longer exclude same-sex couples from civil marriage.

'Couples like Del Martin and Phyllis Lyon have waited more than 50 years for the chance to marry,' said Shannon Price Minter, Legal Director of the National Center for Lesbian Rights, referring to one of the couples involved in the landmark marriage case. 'The highest court in our state has spoken, and now it is time to let those couples fulfill the dream so many people share - the dream of marrying the person they love.'

According to a letter sent to County Clerks' offices today by the California Office of Vital Records, the state will begin granting marriage licenses to lesbian and gay couples on Tuesday, June 17.

As right-wing groups attempt to block the state Supreme Court's decision, a new Field Poll released today indicates that public opinion in California has moved a long way toward support of marriage for lesbian and gay couples. According to the poll, 51 percent of Californians agree that lesbian and gay couples should be allowed to marry, while the percentage opposing marriage for same-sex couples has shrunk to 42 percent. Fifty-four percent oppose changing the state constitution to exclude lesbian and gay couples from marriage, while only 40 percent would favor such a change. Ballot measures that start off with a majority in opposition historically go down in defeat.

'Over time, public opinion in California actually has swung in favor of fairness and against intolerance,' said Clare Pastore, of counsel to the ACLU/SC and one of the attorneys in the case. 'More and more people are accepting the idea that this struggle is not about agendas but about everyone having the same rights.'

Click here to learn more about In re Marriage Cases.

Click here to download a pdf of the court's decision.

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The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual and transgender people and their families through litigation, public policy advocacy and public education. NCLR is lead counsel in In re Marriage Cases.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.

The American Civil Liberties Union is America's foremost advocate of individual rights. It fights discrimination and moves public opinion on LGBT rights through the courts, legislatures and public education.

Founded in 1998,Equality California celebrates its 10th anniversary in 2008, commemorating a decade of building a state of equality in California. EQCA is a nonprofit, nonpartisan, grassroots-based, statewide advocacy organization whose mission is to achieve equality and civil rights of all lesbian, gay, bisexual and transgender (LGBT) Californians.

Our Family Coalition promotes the rights and well-being of Bay Area lesbian, gay, bisexual and transgender families with children and prospective parents through education, advocacy, social networking and grassroots community organizing.

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