INSIDE COMPLIANCE

It is no secret that a person trying to meet their needs while incarcerated faces a daunting endeavor. However, these challenges are further complicated for someone living with a disability while held in a private prison. State and local facilities are no strangers to allegations of violating the Americans with Disabilities Act (ADA), as evidenced by a recent class action against the Illinois Department of Juvenile Justice (IDJJ) and Illinois Department of Corrections (IDOC). An Illinois disability protection and advocacy agency called Equip for Equality brought an action alleging that the IDJJ and IDOC “failed to take meaningful steps to address the lack of special education services and high school education despite being legally obligated to follow state and federal laws.” While such litigation offers a narrow means of disability justice, this path is further narrowed when filing an ADA action against a private correctional facility. Private prisons, particularly with respect to ADA compliance, should be held to the same standards and means of accountability as public facilities.