Six Tucson-area facilities that provide assisted living with skilled nursing care for older adults are being sued by a nonprofit housing council claiming they discriminate against deaf individuals.
The Southwest Fair Housing Council, an organization in Tucson that ensures everyone has equal access to housing in Arizona, is naming a dozen nursing homes and assisted-living facilities in the Tucson and Phoenix areas it says are breaking state and federal laws, including the Fair Housing Act and the Americans with Disabilities Act.
Any facility that accepts federal financial assistance, including Medicare reimbursements for providing health care, is breaking federal laws when not abiding by the federal Fair Housing Act and also the Arizona Fair Housing Act, according to the civil lawsuit.
Under the Fair Housing Act, discrimination includes “a refusal to make reasonable accommodations in rules, polices, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling,” the lawsuit states.
The lawsuit was filed in U.S. District Court in Tucson and the housing council is requesting a jury trial.
The housing council used “testers” to determine whether the facilities would supply a sign language interpreter and other services for a deaf resident if requested or necessary. The testers, who used aliases when they went to the facilities, posed as grandchildren inquiring on behalf of fictional deaf grandparents who uses American Sign Language.
Audio recordings by telephone and/or videophone calls were made of all contacts between the testers and facility employees regarding what services were available for the deaf grandparents. Testers also visited facilities in person and recorded the conversations.
The facilities named in the lawsuit, which is filed separately against each business, in Tucson are:
- Atria Campana del Rio, 1550 E. River Road. Officials did not return a phone call to comment about the suit.
- Sherwood Village Assisted Living and Memory Care, 102 S. Sherwood Village Drive. Cindy Fitzgerald, director at Sherwood, said she cannot comment on pending litigation.
- Sunrise at River Road, 4975 N. First Ave. Jennifer Clark, a spokeswoman for the company, said by email, “We are committed to providing high-quality, personalized care and service for each of our residents in a supportive, welcoming environment.” However, Clark said she was unable to comment about pending litigation.
- The Fountains at La Cholla, 2001 W. Rudasill Road. Officials did not return a phone call requesting comment.
The facilities named in the lawsuit in Green Valley are:
- La Posada at Park Centre, 350 E. Morningside Road. Joni Condit, chief operating officer, said through her assistant that she was unable to comment on pending litigation.
- Silver Springs, 500 W. Camino Encanto. Officials did not comment on the suit.
The remaining facilities are located in Phoenix, Scottsdale, Glendale, Peoria and Chandler.
Attorneys for the Southwest Fair Housing Council did not respond to requests for comment. Jay Young, executive director of the council, also did not comment.
According to the suit:
The owners of numerous nursing homes and assisted-living residences discriminated against deaf residents “by making statements that amount to a refusal to provide” American Sign Language interpreters or auxiliary aids, including braille and taped materials, and services for effective communication with prospective residents.
The suit states that sign language interpreters are necessary for the majority of deaf individuals “receiving medical, nursing home and assisted living and rehabilitation care when that care involves complicated information, lengthy communications, or when the individual has other conditions that make seeing or communicating through other means more difficult.”
Lip-reading, communicating with pen and paper, the use of a whiteboard, message boards or online translations programs are not a sufficient means of communicating with deaf individuals, said the housing council. Also testers, who began investigations in 2016, were told their deaf grandparent should install their own necessary devices, such as a “blinking door bell.”
In some cases, testers were also told the family would have to provide and pay for interpreting services. Also, officials told a tester that for medical paperwork the facility would rely on family members.
In the lawsuit, the housing council asks for the facilities to begin providing interpreters for the deaf. The council is also seeking compensatory and punitive damages, attorneys’ fees and costs.
