Deaf man sues Augusta, police over requests to call interpreter

A deaf man who won state support for a claim that city police discriminated against him by refusing to call an interpreter is taking the city to federal court.

Wayne Draper, 44, of Augusta is suing 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 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 occasions denied his requests for a sign-language interpreter.

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.

The lawsuit in U.S. District Court said Draper did not understand what was going on, was unable to communicate effectively with police, and was unable to indicate he wanted to file a complaint against the tree-stand owner for threatening him.

Later that day, Draper's wife asked police to come to their home so she could serve as interpreter, the lawsuit says.

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.

Draper's lawsuit was filed on his behalf by the Disability Rights Center of Maine. Draper is seeking a ruling in his favor, an injunction against a recurrence, and monetary damages.

''We intend to fully defend this lawsuit,'' said Stephen Langsdorf, the city's attorney. ''The City Council is 100 percent supportive of the police department's actions in this case. Mr. Draper was treated fairly at all times. Under these facts, we think this is an outrageous lawsuit and a waste of time by the Disability Rights Center.''