Blackhouse v. Doe, 2011 ME 86 (2011)

Citation: Blackhouse v. Doe, 2011 ME 86 (2011)
Parent Document: Blackhouse v. Doe, 2011 ME 86 (2011)
Jurisdiction: Maine (state)
Effective Date: 2011-08-04
Original Source: https://www.courtlistener.com/opinion/2323812/blackhouse-v-doe/ ↗

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[¶ 11] The court may order reasonable accommodations and auxiliary aids and services “to ensure effective communication and participation of individuals with disabilities in the court system.” Id. For example, courts are authorized to allow witnesses to present testimony by telephone. See M.R. Civ. P. 43(a) (stating that a court may permit the presentation of testimony in court “by contemporaneous transmission from a different location” on its own motion or for good cause shown); cf. M.R. Civ. P. 7(g) (approving the use of telephone or video conference calls for conferences and non-testimonial hearings). Alternatively, if the court determined that allowing telephonic testimony in a particular case or type of case would fundamentally alter the nature of the hearing, the court could consider a different accommodation, such as scheduling the hearing at a time when contact with other members of the public would be minimized. See Lane, 541 U.S. at 532, 124 S.Ct. 1978 (“[Title II of the Americans with Disabilities Act] requires only ‘reasonable modifications’ that would not fundamentally alter the nature of the service provided, and only when the individual seeking modification is otherwise eligible for the service.”); see also Suzman v. Comm’r, Dep’t of Health & Human Servs., 2005 ME 80, ¶¶ 9-10, 876 A.2d 29, 32-33; Me. Human Rights Comm’n v. City of S. Portland, 508 A.2d 948, 955 (Me.1986).

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