[Colorado-Talk] Significant Settlement with the Stae of Colorado

Wed Aug 3 19:09:07 UTC 2022

Over the last few years, I have worked closely with Amy Robertson, Eve Hill,
and other great lawyers.  Blind prisoners deserve the same right to access
programs and services that will allow them to complete their sentences and
rehabilitation in a way equal to that of other prisoners who happen to see.
Congrats to our legal team and congrats to the NFB of Colorado for being a
part of a ground breaking resolution!!

All best,

Scott

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The National Federation of the Blind of Colorado and Two Blind Incarcerated
Men have Resolved Their Suit Against the Colorado Department of Corrections

Brian Christopher Mackes and Adrian Chávez, two blind men in the custody of
the Colorado Department of Corrections (CDOC), and the
<https://foxrob.us10.list-manage.com/track/click?u=84fd246cfe30580e32b7614d3
&id=16f88ebea7&e=2eeb988b48> National Federation of the Blind of Colorado
have settled the
<https://foxrob.us10.list-manage.com/track/click?u=84fd246cfe30580e32b7614d3
&id=fc9e01105f&e=2eeb988b48> lawsuit they brought against CDOC last year. 

The plaintiffs were represented by attorneys from
<https://foxrob.us10.list-manage.com/track/click?u=84fd246cfe30580e32b7614d3
&id=53593ba930&e=2eeb988b48> Fox & Robertson, along with co-counsel at the
<https://foxrob.us10.list-manage.com/track/click?u=84fd246cfe30580e32b7614d3
&id=da9fe31e0f&e=2eeb988b48> Civil Rights Education and Enforcement Center
(CREEC), and the Baltimore law firm of
<https://foxrob.us10.list-manage.com/track/click?u=84fd246cfe30580e32b7614d3
&id=18ea11bfbc&e=2eeb988b48> Brown Goldstein & Levy.

The suit alleged that CDOC denied blind prisoners access to the aids and
services needed to participate in educational programming, work assignments,
and recreation. According to the complaint, CDOC also failed to provide
blind prisoners with effective communication of the materials and
information that the Department provides prisoners in written form, such as
handbooks, regulations, and grievance forms. This conduct forced blind
prisoners to rely on other inmates to help them with various tasks, such as
reading mail, and to provide them with information, threatening their
privacy and safety. 

The settlement requires that each blind prisoner have access to a laptop
loaded with screen reader software, which reads digital material aloud, as
well as a typing tutorial program, an ebook reader, and other assistive
technology. These devices will also contain accessible-format versions of
key prison documents. Blind prisoners will also have access to a scanner and
printer to which the laptops can be connected so that they can read mail and
other printed documents. All job and education information will be made
accessible, and blind prisoners cannot be denied access to any such
opportunity based on disability.

“Blind prisoners do not seek, and this settlement does not grant, special
treatment,” said Jessica Beecham, president of the National Federation of
the Blind of Colorado. “Blind incarcerated people will now receive the
accommodations they need, and to which they are legally entitled, in order
to fully and equally participate in the programs and opportunities available
to other members of the incarcerated population. We commend the Colorado
Department of Corrections for reaching this agreement, and hope that other
corrections systems throughout our nation will take note of the necessary
and humane reforms taking place in Colorado. We are grateful for the
leadership of our national organization in coordinating the expertise,
resources, and talent to make these changes a reality.”

“We recognize and appreciate the courage of the individual plaintiffs, Brian
Mackes and Adrian Chávez, who documented the discrimination they faced and
worked with us and with the Department to craft this ground-breaking
settlement,” said Amy Robertson, an attorney with Denver’s Fox & Robertson
who represented the NFB of Colorado and the individual plaintiffs. “We look
forward to working with the CDOC to ensure access and privacy for blind
people in CDOC custody.”

# # #

About the National Federation of the Blind of Colorado

The National Federation of the Blind of Colorado, an affiliate of the
transformative membership and advocacy organization of blind Americans,  is
a nonprofit made up of blind people of all ages and their families and
friends. NFB-CO is dedicated to ensuring that blind Coloradoans have full
and equal access to all the services, programs, and activities

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