A federal judge is ordering the White House to immediately begin providing American Sign Language (ASL) interpretation at its press briefings when President Trump or press secretary Karoline Leavitt are speaking.
"White House press briefings engage the American people on important issues affecting their daily lives — in recent months, war, the economy, and healthcare, and in recent years, a global pandemic," U.S. District Judge Amir Ali wrote in issuing a preliminary injunction on Tuesday. "The exclusion of deaf Americans from that programming, in addition to likely violating the Rehabilitation Act, is clear and present harm that the court cannot meaningfully remedy after the fact."
The White House stopped using live ASL interpreters at briefings and other public events when President Trump began his second term in January.
The National Association of the Deaf (NAD) and two deaf men filed the lawsuit against Trump and Leavitt in May. The suit also names White House chief of staff Susie Wiles, along with the offices for president and vice president. It alleges the White House's failure to provide ASL violates Section 504 of the Rehabilitation Act of 1973. The law prohibits discrimination against people with disabilities in programs conducted by the federal government. The suit also claims the White House is in violation of the First and Fifth Amendments, which protect free speech and provide for due process, respectively.
NAD Interim CEO Bobbie Beth Scoggins said in a statement to NPR Wednesday that the organization is pleased that deaf and hard of hearing Americans will soon regain access to important information from the government.
"American Sign Language and accurate captioning are both essential to ensuring full and equal access to information," Scoggins said. "ASL and English are distinct languages, and captions alone cannot meet the needs of everyone in our community. The court's ruling affirms what we have long known: equal access to information from the White House is not optional. We deserve the same timely, direct access to White House briefings as everyone else."
The White House did not immediately respond to NPR's request for comment on the judge's decision.
Ali's order specifies that the ASL interpretation must be visible and signed by a qualified interpreter. He was not persuaded by White House arguments that it does provide closed captioning.
"The defendants correctly note that the plaintiffs are entitled only to reasonable accommodation. But it is not reasonable — indeed it can hardly be called an accommodation at all — to transcribe press briefings into a language that Ford and many NAD members do not know," Ali said in the opinion.
Ali is referring to plaintiff Derrick Ford, of Anderson, Ind. Matthew Bonn, of Germantown, Md., is also a plaintiff in the case.
According to the NAD, hundreds of thousands of people in the U.S. communicate mainly in ASL, and many deaf and hard of hearing people do not know English. ASL has its own vocabulary and grammar that is different from English.
The judge stopped short of granting the group's request to require ASL interpretation at briefings and events conducted by the vice president, first lady, and second lady. Ali also declined at this time to require that interpretation be provided to news networks and uploaded to the White House website and social media pages. Scoggins says the NAD will continue to vigorously pursue all relief sought in its lawsuit.
The preliminary injunction is intended to give temporary relief to the group and the plaintiffs, as the case plays out in the legal system. Ali is ordering the White House to update the court on its compliance by Friday.
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