NAD Files Complaint Against Ellis Island

On September 16, 2004, the National Association of the Deaf (NAD) Law and Advocacy Center filed a disability discrimination complaint with the United States Department of the Interior (DOI), after the DOI refused to provide interpreter services for approximately 50 deaf and hard of hearing individuals planning to tour Ellis Island this month.

The Senior Deaf Club of the Northwest Bergen Senior Activity Center in Midland Park, New Jersey planned the tour.  The NAD named as complainants Ms. Rose Pizzo, a deaf individual and a member of the Senior Deaf Club, as well as the Senior Deaf Club itself.  This discrimination complaint follows numerous, unsuccessful efforts by Ms. Pizzo and the Senior Deaf Club to secure sign language interpreters for their intended visit to Ellis Island, where many aspects of their tour would require interpreters to ensure equal access and participation by deaf and hard of hearing individuals. 

Ellis Island was the gateway through which more than 12 million immigrants passed between 1892 and 1954 in their search for freedom of speech and religion, and for economic opportunity in the United States. Because of its unique historical importance, it was declared part of the Statue of Liberty National Monument in 1965.

The DOI has an obligation under Section 504 of the Rehabilitation Act of 1974 (Section 504) and the federal regulations implementing Section 504, to provide appropriate auxiliary aids, including sign language interpreters, when necessary for effective communication.  The DOI nonetheless refused to provide and pay for the interpreter services necessary to accommodate the needs of Ms. Pizzo and the other Senior Deaf Club members so that they could meaningfully participate in the Ellis Island programs, services, and activities. 

Kelby Brick, director of the NAD Law and Advocacy Center, expressed his dismay at the DOI’s failure to meet its legal obligations under Section 504.  “It is an outrage that the Department of the Interior would deny interpreters to a group of deaf and hard of hearing individuals wishing to tour Ellis Island,” said Brick.  “By doing so, the DOI has excluded them from fully experiencing the very symbol of freedom in our country.”

Ms. Pizzo and the Senior Deaf Club have not been deterred.  They will visit Ellis Island this month and pay for sign language interpreters out of their own funds.  Ms. Pizzo and the Senior Deaf Club will seek reimbursement from the DOI as a result of the complaint filed by the NAD yesterday.  The complaint also requests that the DOI institute and comply with policies and procedures to ensure that free interpreter services and other auxiliary aids will be available to deaf and hard of hearing visitors to Ellis Island in the future.