Arkansas’ prison administration will enter into a settlement with the U.S. Department of Justice over violations of the Americans with Disabilities Act at the Ouachita River Unit, Department of Corrections officials told the state Board of Corrections Tuesday.
The DOJ found that inmates with mobility disabilities were excluded from “safely accessing or participating in programs, services, activities, and facilities” at the unit. Complaints began with reports of scalding showers, prompting a top-down federal review.
Under the settlement, the Arkansas Division of Correction must ensure a minimum of 3% of cells are accessible to inmates with disabilities, provide accommodations such as shower chairs, maintain wheelchairs, and appoint an ADA coordinator. The agreement also requires the department to implement policies for safe, appropriate housing and to report progress to the DOJ every six months.
The settlement does not include a monetary penalty, though officials previously approved up to $500,000 for necessary capital improvements.
Tawnie Rowell, chief legal officer for the Department of Corrections, said the agreement is limited to the Ouachita River Unit and “provides a fair amount of access” while remaining “as good as they’re willing to go.”
The ADA, first enacted in 1990 and amended in 2008, prohibits disability discrimination by government entities and requires reasonable accommodations for individuals with physical or mental disabilities.
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