by Tonya Sams

   (Plain Press August 2026) The Americans with Disabilities Act (ADA) prohibits individuals with disabilities from being discriminated against based on their disabilities at work, school, and other public and private places, including courts.

   The first thing that people should know before heading to court is how the law defines a disability.

   “The ADA defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of an individual, having a record of such impairment, or being regarded as having such an impairment, even if the impairment is perceived,” said Jennifer Kinsley Smith, a Managing Attorney at The Legal Aid Society of Cleveland. “Examples of major life activities include walking, seeing, breathing, hearing, cognitive function, or major bodily functions.”

   When a person with a disability needs an adjustment made to ordinary court procedures so that they can effectively interact with the courts, they can request a reasonable accommodation.

   “Examples of a reasonable accommodation request could be frequent breaks for someone who needs to check glucose or eat for blood sugar reasons, allowing a support person in the courtroom for someone with a mental health diagnosis, or allowing virtual court attendance for a person who is immunocompromised,” said Kinsley.

   You can make a reasonable accommodation request on your own, or with the help of an attorney. 

   “Submit your request in writing as far in advance of your court date as possible.  The request can be made by parties to a case, a juror, a witness, a support person, or anyone who has business with the court,” Kinsley said.  “Include your role in the matter, date and time of the court appearance, the nature of your disability, the requested accommodation, and contact information. Then submit it to the ADA administrator for the court or the Clerk of Courts. Be sure to indicate that the request contains confidential information and should not be part of the public record if you need to file with the clerk.”

   The court might ask for more information, like a letter from your doctor. In most cases, your doctor does not need to share your medical history – just the nature of your disability and how the accommodation is connected to that disability.

   “Never file medical records with your request because records related to the request are often accidentally filed on a publicly available docket,” said Kinsley. “Include as little medical information as possible, while satisfying the requirements for requesting an accommodation in your initial request.”

   A judge can modify or deny a request, but they first must discuss it with the requestor. If they don’t, the requestor should talk to an attorney or file a complaint with the Department of Justice.

   Have questions about a reasonable accommodation request? Legal Aid may be able to help! Attend a free Legal Aid Brief Advice Clinic. For a full schedule: lasclev.org/clinics.   

   To apply for free legal services, call 888-817-3777 or apply online: lasclev.org/apply.
Tonya Sams is a Development & Communications Manager at The Legal Aid Society of Cleveland.