AUGUSTA
Augusta pays deaf man to settle lawsuit
Settlement costs $5,000
By Keith Edwards kedwards@centralmaine.com
Staff Writer
AUGUSTA -- The city will pay $5,000 to settle a lawsuit filed by a deaf man who claims city police discriminated against him by refusing to call an interpreter.
Wayne Draper, 44, of Augusta sued the city and the Augusta Police Department, claiming they violated his rights under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the Maine Human Rights Act.
The Maine Human Rights Commission in September 2009 found reasonable grounds to believe Draper was a victim of unlawful discrimination in access to public accommodation.
Draper claimed the city and police on two separate occasions denied his requests for a sign language interpeter.
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, the pair put the stand in the back of a pickup.
The tree stand owner returned as they were driving off and called police.
Draper said he tried to show the investigating officer a card indicating he wanted a sign language interpreter, but was waved off. He said the officer wrote a note saying Draper was to speak to a different officer.
Draper was not charged in the incident, but his companion was cited and later pleaded guilty.
About two months later, Draper encountered the tree stand owner in a supermarket and said the man made a threatening gesture against him. Draper called police. When an officer arrived, Draper requested an interpreter. He said he was initially refused, but then was told an interpreter would meet him at the police station that night. Afterward, police issued a warning to the tree stand owner.
Draper said he was not provided with equal access to police services because of his disability.
Councilors Thursday voted unanimously to pay Draper $3,500, and the Disability Rights Center of Maine, which represented him, $1,500, with the condition Draper drop the case and the lawsuit is dismissed.
City Manager William Bridgeo said the settlement does not indicate "our police department did anything improper."
He said city officials determined it to be in the best interest of taxpayers to pay a minor settlement to put the matter to rest.
Stephen Langsdorf, city attorney, said it would cost the city well over $5,000 in court costs even if the city won the lawsuit.
Deputy Chief Robert Gregoire, asked by Councilor Cecil Munson what the police department has done to prepare to deal with similiar cases in the future, said the department provides enhanced training to officers and has requested a budget line to pay for interpreters.
Councilor Mark O'Brien said councilors have been, and remain, fully supportive of the police department.
Keith Edwards -- 621-5647
kedwards@centralmaine.com
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13 COMMENTS
Enemywithin said...
Is this real?
March 5, 2010 at 12:57 AM Report abuse
micilio said...
All that for five grand? If your going to bring a frivilous lawsuit against a city the least you could do is get some real money out of it. This makes me laugh...what a loser!
March 5, 2010 at 6:00 AM Report abuse
Skeeziks said...
Settle out of court. Instead of spending the money to fight it, it is cheaper to pay the $5000. I'd say, fight it and make the looser pay.
March 5, 2010 at 7:15 AM Report abuse
stopthismess said...
Sounds like the people who knew they would lose, if it went to court, found the cheapest way out possible. Usually once the Human Rights Commission agrees with the victim a town knows they stand no chance. The Augusta Mayor can't have this in court if he is running for a bigger office, how would that look? Being Mayor of a town who picked on a deaf man on more than one occasion... not too good
March 5, 2010 at 7:59 AM Report abuse
BuckfinsterCrabtree said...
stopthismess, actually this is a routine process. It's cheaper to do a pay out then to defend the city against charges. They pay a sum and agree to no fault. The attorney gets 40-50% and the 'victim' gets what is left. I've seen it many many times in cases where the city was clearly in the right or that the charges are out right foolish, yet they pay out cuz it's cheaper than defending it.
March 5, 2010 at 9:13 AM Report abuse
trollmunster said...
If they offered him $5,000.oo That's an admission of guilt. Refuse it and go for $5,000,000.oo now.
March 5, 2010 at 10:14 AM Report abuse
BillyFiske said...
I'm thinking of some sign language that everyone understands for both parties. How many additional suits will be filed by others because they settle based on the cost of one suit? There is a long term cost of settling.
March 5, 2010 at 6:52 PM Report abuse
wait4lily said...
So, moral of story is,,,,, guy gets $5,000 for being a circumstantial thief.
March 5, 2010 at 8:55 PM Report abuse
UofA said...
The lowlife thieving SOB had no right taking the hunting stand to start with and get paid for being deaf. I am taking my hearing aids out and suing someone.
March 5, 2010 at 11:28 PM Report abuse
EllenW said...
The party that settles and pays out to avoid court will ALWAYS claim they only did it to avoid court fees, this is standard practice. In fact any competent management team includes the cost of future lawsuits that would almost certain to be triggered by a settlement into their cost/benefit analysis. They only settle when they are quite certain they will lose.
March 6, 2010 at 6:27 AM Report abuse
Art said...
Who knew that stealing tree stands could be such a lucrative venture! It would be poetic justice if the tree stand owner filed his own suit (& won) for $5,001!
March 6, 2010 at 7:50 AM Report abuse
bubbagump said...
They paid him 5 grand but what they are not telling you is that his lawyer also had an undisclosed settlement of 200 dollars worth of Mcdonalds gift certificates. Deaf and DUMB!!
March 6, 2010 at 8:36 AM Report abuse
Jones824 said...
At least Augusta is smarter than Gardiner. Gardiner spent $400,000.00 and it ain't over, 4 high priced lawyer firms aren't cheap.
March 7, 2010 at 9:33 AM Report abuse