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A deaf woman alleges authorities in Jefferson County did not provide her with an American Sign Language interpreter when she asked for one after she was arrested and then jailed overnight in October.

Angela Kasinger, 40, said in a tort claim notice filed in Jefferson County on Feb. 22 that authorities violated her civil rights enshrined under state and federal law. Through her Portland-based attorney, Daniel Snyder, she states that she plans to sue the county, alleging discrimination.

Kasinger was arrested on Oct. 27 around 4 p.m. by Warm Springs Police officer Nicholas Ulery, according to a copy of the claim obtained by The Bulletin. She would later plead guilty to one count of reckless driving stemming from this incident, according to court records.

Ulery took Kasinger to the Jefferson County jail, the tort claim states. She remained there overnight and part of the next day. She asked Ulery and jail staff for an interpreter but didn’t get one, she alleges. She was released on Oct. 28.

Kasinger said in a text message to The Bulletin that this is not the first time in her life that she has been denied an interpreter and thrown into a frustrating experience while cooperating with law enforcement.

Kasinger said in her text message that she was belittled, humiliated and rejected followed by anger, frustration and pain. She said that would not have happened if she were provided with an interpreter from the beginning.

In sentencing for the reckless driving case, Jefferson County Circuit Court Judge Annette Hillman ordered that Kasinger’s license be suspended for 90 days, that she be placed on probation for a year and that she pay $4,160.80 in restitution, according to court records.

Kasinger’s biological family members are deaf, and her first and primary language is American Sign Language, Snyder said in an interview Monday. She has lived in Warm Springs and Madras, documents show.

Snyder, who declined to comment further on the pending case, said in the tort claim: “My client’s damages are unknown at this time.”

But Snyder noted that Oregon case law clearly establishes that governments must provide accommodations for people who are incarcerated and deaf. The tort claim points to state and federal law as the basis for the claim, including the Americans with Disabilities Act, a civil rights law that prohibits discrimination.

A section of Title II of the Americans with Disabilities Act states that government agencies must “Communicate with people with disabilities as effectively as you communicate with others.”

Snyder said: “The law is strict about this.”

Jefferson County legal counsel Alexa Gassner said the county could not comment on pending litigation. Jefferson County Sheriff Jason Pollock did not respond to an emailed request for comment.

Advocates for deaf Oregonians noted Monday that it’s a government’s legal obligation to find interpreting services for people when they are charged with a crime.

Karla Nash, assistant director of the public defense nonprofit Deschutes Defenders, said: “It’s concerning if the jail — a government agency — just entirely drops the ball on having effective communication with an incarcerated person.”

“It has a negative impact on the person, because their rights are being taken away,” said Nash, who has previously handled cases involving deaf people. “You want a person there from the beginning as an interpreter,” she added.

Deaf people have taken Oregon public agencies to court several times over matters similar to the allegations in Kasinger’s case.

In 2012, a man reached a settlement with the city of Portland after police failed to provide a qualified interpreter following a 911 call in a domestic violence incident.

In 2014, the Oregon Department of Corrections agreed to pay $150,000 to a deaf inmate who said he was denied an American Sign Language interpreter and given discriminatory jobs.

In 2015, the city of Springfield agreed to pay $450,000 to settle a lawsuit with a deaf man who was injured by a police officer during a miscommunication.

American Sign Language is a separate and distinct language from English, with its own rules for pronunciation, word formation and word order. Therefore, providing written explainers for a person does not count as adequate communication, advocates say.

Ideally, agencies will seek to bring in someone to communicate in-person, or barring that, by video. That’s because facial expressions and body language are key parts of sign language communication, Nash said.

Chad Ludwig is the executive director of Bridges Oregon, which advocates for people who are deaf and provides interpreting services. He provides monthly training services at the Oregon State Department of Public Safety Standards & Training office and offers training for law enforcement offices throughout the state.

Ludwig said that, to avoid miscommunication, it’s crucial for there to be an interpreter present from the beginning, from the arrest and reading of Miranda rights to fingerprinting and intake in the jail. In the past, he noted, criminal cases have been thrown out of court because of a failure to accommodate deaf people.

But Ludwig said it’s often challenging for agencies to find available interpreters in rural parts of Oregon, an issue that has only gotten worse since the pandemic started. He said some agencies are left seeking help from organizations in the Willamette Valley.

“There’s a severe shortage of interpreters, especially in rural areas,” Ludwig, who is deaf, said through an interpreter during an interview with The Bulletin on Monday. “There’s not enough.”

Ludwig argued that there should be more interpreters serving deaf communities throughout Oregon. He noted that Bridges has staffers who are available to serve as a bridge between law enforcement and people who are deaf or hard of hearing, providing guidance and support during the legal process.