ELR Citation: 40 ELR 20019
No(s). 09-3277 (8th Circ. Nov 17, 2010)

The Eighth Circuit upheld the dismissal of individuals' claims that a county violated the Americans With Disabilities Act, the Rehabilitation Act, and the Minnesota Human Rights Act in failing to provide American Sign Language interpreters for all of the services provided to the public in evacuating an area contaminated with mercury. The lower court properly granted the county's motion for summary judgment. The plaintiffs received effective communication, and therefore meaningful access to the programs and services offered, during the emergency decontamination process. While there is little doubt that the plaintiffs had need of interpreters when the emergency decontamination services began, they failed to prove that the county was responsible for interpreters not being present. Moreover, the response team's means of communication during the decontamination process provided plaintiffs with timely, meaningful access to the emergency services. Likewise, the plaintiffs received effective communication during the public group meetings between victims and representatives of various government agencies, where interpreters were present. And while interpreters were not present at every private meeting they had with a county nurse, information to which they claimed they were denied access—questions concerning long-term effects of being exposed to mercury—was not the nurse's area of expertise and there is no evidence that plaintiffs were unable to obtain that information from other sources.