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Does the court have to provide a sign-language interpreter upon request for court spectators or court observers who wish to observe proceedings?

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Does the court have to provide a sign-language interpreter upon request for court spectators or court observers who wish to observe proceedings?

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Title II’s anti-discrimination provision employs expansive language intended to reach all programs and actions undertaken by public entities. According to the Department of Justice, Civil Rights Division, Disability Rights Section, Congress intended Title II—including the terms “services, programs or activities”—to be read broadly to cover every action taken in every forum in which a public entity may function. Courts, in allowing spectators to attend proceedings, are providing a service, program, or activity covered by Title II. Courtroom spectators with disabilities are participants in the court program and are entitled to such aids or services as will afford them an equal opportunity to follow the court proceedings. The ultimate determination of which “spectators” are ultimately accommodated, and the type of accommodation received, should be determined on a case-by-case basis and should not result in an undue financial or administrative burden being imposed on the court. Where a cou

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