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AUGUSTA

March 5, 2010

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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