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Human rights complaint against Oxford police has merit, commission says | City
The Maine Human Rights Commission will consider action against the Oxford Police Department when it meets next month, after commission staff found reasonable grounds to believe the department discriminated against a Poland man because he is deaf.
David Brown of Poland filed two complaints with the human rights commission, alleging the Oxford Police Department and the Oxford County Sheriff's Department discriminated against him by not providing an American Sign Language interpreter for him at the scene of a fatal accident on Route 26 in Oxford in August 2009.
According to Brown, he asked for an interpreter at the scene so he could understand what police were saying to his then 17-year-old daughter, Kristen Brown, about the circumstances of the accident.
Commission staff found reasonable grounds to believe Oxford police discriminated against Brown, but the staff found no grounds to believe that the county sheriff's department discriminated against the man, according to the report.
On the evening of Aug. 26, 2009, Kristen Brown turned south on to Route 26 from the parking lot of Oxford Plains Speedway driving a pickup truck and hauling a trailer with her stock car. According to police, she did not see a motorcycle being driven by Richard Lothrop, 58, of Auburn when she pulled out, but when he saw her he locked up his brakes and started fishtailing. Lothrop, who was not wearing a helmet, tried to avoid a crash and dumped his bike on the side of the road.
He suffered significant head injuries in the crash and died from those injuries about two months later.
No criminal charges were filed in connection with this accident.
At the time of the crash, David Brown had been following his daughter out of the race track parking lot and witnessed the incident.
According to his complaint with the Human Rights Commission, Brown is deaf and asked Oxford police officers to provide an interpreter at the scene as police talked to his daughter. He alleges that he could not understand what was said to his minor daughter without benefit of an ASL interpreter, and that he repeatedly asked for help from police at the scene.
According to Brown, when police were talking to Kristen Brown and he asked them to provide an interpreter, Oxford police officers said they didn't “know how” to do that, and continued asking her questions. Using ASL, the teen signed police questions and her answers to her father, according to David Brown, but he alleges that she was not able to act as an effective interpreter because she was upset and crying while police questioned her.
According to Brown, without an interpreter he couldn't fully understand what was going on at the scene and could not advise his daughter about what she was telling police. He also alleges that he couldn't effectively tell police what he saw, as a witness to the accident.
Some time after the crash, Kristen Brown's mother arrived at the scene, and police interviewed the teenager in a police car with her hearing mother present. Brown said he continued asking for an interpreter even though his wife had arrived and could hear the conversation.
According to Brown, police told him they would get an interpreter as soon as they could, and would interview him about what he saw. He was never interviewed, he said, unlike other witnesses to the accident, alleging that he was not interviewed because he is deaf.
Both police departments have denied discriminating against Brown and say he was never denied an interpreter, and that police were “able to communicate with him effectively through the interpretations of his daughter” after Kristen Brown offered to interpret for her father, according to the commission report.
“Given the importance of the (police) investigation and the impact on his family,” according to the human rights commission report, Brown “could not understand why he was never contacted to give his witness statement or why an interpreter was never provided.”
According to police, investigators felt comfortable with Kristen Brown interpreting for her father at the scene during the minutes immediately after the crash, and that David Brown was not interviewed later because they did not intend to pursue charges and his interview was not necessary.
Maine Human Rights Commission investigators, after interviewing police and the Browns, found reasonable grounds to believe the Oxford department did discriminate against David Brown at the scene of the accident on the basis of disability because he is deaf because it was Oxford officers who Kristen and David Brown had asked to provide an interpreter. Investigators found no grounds for similar accusations against sheriff's deputies because no request for an interpreter was made directly to those officers.
The Maine Human Rights Commission will meet April 11 to take up the staff recommendation that the Oxford Police Department and the Browns pursue conciliation under state law before the Browns seek civil action in superior court.
The Maine Human Rights Commission will consider action against the Oxford Police Department when it meets next month, after commission staff found reasonable grounds to believe the department discriminated against a Poland man because he is deaf.
David Brown of Poland filed two complaints with the human rights commission, alleging the Oxford Police Department and the Oxford County Sheriff's Department discriminated against him by not providing an American Sign Language interpreter for him at the scene of a fatal accident on Route 26 in Oxford in August 2009.
According to Brown, he asked for an interpreter at the scene so he could understand what police were saying to his then 17-year-old daughter, Kristen Brown, about the circumstances of the accident.
Commission staff found reasonable grounds to believe Oxford police discriminated against Brown, but the staff found no grounds to believe that the county sheriff's department discriminated against the man, according to the report.
On the evening of Aug. 26, 2009, Kristen Brown turned south on to Route 26 from the parking lot of Oxford Plains Speedway driving a pickup truck and hauling a trailer with her stock car. According to police, she did not see a motorcycle being driven by Richard Lothrop, 58, of Auburn when she pulled out, but when he saw her he locked up his brakes and started fishtailing. Lothrop, who was not wearing a helmet, tried to avoid a crash and dumped his bike on the side of the road.
He suffered significant head injuries in the crash and died from those injuries about two months later.
No criminal charges were filed in connection with this accident.
At the time of the crash, David Brown had been following his daughter out of the race track parking lot and witnessed the incident.
According to his complaint with the Human Rights Commission, Brown is deaf and asked Oxford police officers to provide an interpreter at the scene as police talked to his daughter. He alleges that he could not understand what was said to his minor daughter without benefit of an ASL interpreter, and that he repeatedly asked for help from police at the scene.
According to Brown, when police were talking to Kristen Brown and he asked them to provide an interpreter, Oxford police officers said they didn't “know how” to do that, and continued asking her questions. Using ASL, the teen signed police questions and her answers to her father, according to David Brown, but he alleges that she was not able to act as an effective interpreter because she was upset and crying while police questioned her.
According to Brown, without an interpreter he couldn't fully understand what was going on at the scene and could not advise his daughter about what she was telling police. He also alleges that he couldn't effectively tell police what he saw, as a witness to the accident.
Some time after the crash, Kristen Brown's mother arrived at the scene, and police interviewed the teenager in a police car with her hearing mother present. Brown said he continued asking for an interpreter even though his wife had arrived and could hear the conversation.
According to Brown, police told him they would get an interpreter as soon as they could, and would interview him about what he saw. He was never interviewed, he said, unlike other witnesses to the accident, alleging that he was not interviewed because he is deaf.
Both police departments have denied discriminating against Brown and say he was never denied an interpreter, and that police were “able to communicate with him effectively through the interpretations of his daughter” after Kristen Brown offered to interpret for her father, according to the commission report.
“Given the importance of the (police) investigation and the impact on his family,” according to the human rights commission report, Brown “could not understand why he was never contacted to give his witness statement or why an interpreter was never provided.”
According to police, investigators felt comfortable with Kristen Brown interpreting for her father at the scene during the minutes immediately after the crash, and that David Brown was not interviewed later because they did not intend to pursue charges and his interview was not necessary.
Maine Human Rights Commission investigators, after interviewing police and the Browns, found reasonable grounds to believe the Oxford department did discriminate against David Brown at the scene of the accident on the basis of disability because he is deaf because it was Oxford officers who Kristen and David Brown had asked to provide an interpreter. Investigators found no grounds for similar accusations against sheriff's deputies because no request for an interpreter was made directly to those officers.
The Maine Human Rights Commission will meet April 11 to take up the staff recommendation that the Oxford Police Department and the Browns pursue conciliation under state law before the Browns seek civil action in superior court.