Dale Boam

Dale H. Boam

Dale H. Boam Esq., CI, Utah Master Associate Professor of Deaf Studies at Utah Valley University, Dale is also licensed to practice law in Utah and Massachusetts.  Dale represents mainly persons who are Deaf.  Dale was a member of the Organizing Board for the 2007 Deaflympics, and has presented on both legal and interpreting topics at Deaf Studies, Today!, NAD and RID national conferences, and Regional conferences.  Dale authored many published works on the rights of persons who are Deaf.  Dale holds interpreting certifications from RID and The State of Utah, and a law degree from Northeastern University.  Besides teaching, representing clients, and consulting nationally, his newest project is a website featuring ASL centered media called Deaftv.com.

The Power of Time

Current interpretations of Americans with Disabilities Act by courts hold persons who are Deaf to a standard that does not comport with the reality.  This paper will review the case law and discuss how courts current interpretations of the ADA may deny persons who are Deaf relief for reasons that are arbitrary, capricious or otherwise without merit.  Specifically, this paper will address the inequities under current interpretations of the Statute of Limitations and on-going violations.
The ADA does not have a Statute of Limitations.  Circuit courts “borrow” a time limitation from the most nearly applicable State law.
Under the “futile gesture” doctrine the clock starts when a person knew or should have known his rights under the ADA have been violated.  For persons with mobility impairments the date he requests a barrier be removed, and is denied starts the clock; at that moment the person has an actionable injury.
For a person who is Deaf that “clock-starting event” is not as clear.  If a person who is Deaf requests an interpreter and is denied, an actionable injury may not yet have occurred because the standard of protection for persons who are Deaf is different, but the clock starts anyway.
The ADA recognizes illegal policies, practices, and procedures as violations. Illegal policies, practices or procedures take time to establish. It may be difficult to confirm a violation within the borrowed Statute of Limitations. but case law disfavors the concept of holding persons accountable for “on-going violation[s]” or including violations occurring outside the Statute of Limitations.  It is conceivable for a person who is Deaf to miss the deadline of the Statute of Limitation while trying to build a case for illegal policies, practices or procedures and then be denied relief for on-going violations.