Bromberg & Associates | President Trump and his administration sued again for violating federal disability discrimination law and the U.S. Constitution
Bromberg & Associates | President Trump and his administration sued again for violating federal disability discrimination law and the U.S. Constitution

President Trump and his administration sued again for violating federal disability discrimination law and the U.S. Constitution

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History has repeated itself in the second term Trump administration. On May 28, the National Association of the Deaf (NAD) filed a lawsuit to compel the White House to resume the use of American Sign Language (ASL) interpreters during press briefing broadcasts to ensure they are accessible to deaf and hard of hearing people. Two deaf individuals—Derrick Ford and Matthew Bonn—are also named plaintiffs in this lawsuit.

The case alleges that ASL is Ford’s primary language and that he is concerned about “missing information about executive orders; diversity, equity, and inclusion (‘DEI’); Social Security; Medicare, the economy; and issues impacting Americans in general” when relevant information is provided only in spoken English. Ford has difficulty understanding English as well as closed captions.

The complaint further states that Bonn’s preferred and primary language is ASL. Bonn has significant difficulty reading and understanding English. He also has trouble understanding closed captioning on television, especially when the subject matter is complex. Bonn regularly watched White House press briefings from 2021 to 2024 on the White House’s YouTube channel because there was an ASL interpreter broadcast with the briefings. After the change in administration in January 2025, Bonn tried to watch the White House’s press briefings but because there were no ASL interpreters, he could not understand much of what was being discussed despite the closed captioning. He stopped trying to watch in February 2025. Bonn wants access to the White House press briefings restored because he wants information about the economy, Medicare and Medicaid changes, and executive orders on gender issues. Mr. Bonn would resume watching the White House press briefings if ASL interpreters were provided.

The new case was filed in the U.S. District Court for the District of Columbia. The lawsuit includes multiple defendants:  President Trump, press secretary Karoline Leavitt and White House Chief of Staff Susie Wiles, and offices of the president and vice president. The lawsuit alleges disability discrimination by the White House for not providing ASL interpreters during its press briefings pursuant to Section 504 of the Rehabilitation Act of 1973,and the free speech guarantees of the Constitution’s First Amendment and due process/equal protection rights specified by the Fifth Amendment.

The complaint asks the court to order defendants to:

“Make the qualified ASL interpreter visible in the frame of all broadcasts by the WHCA or other White House communication channels, either by placing the interpreter physically near the speaker and including the interpreter in the footage shot, or by including a separate video feed of the interpreter using picture-in-picture format, with the width of the interpreter feed constituting at least 33% of the full width of the screen; provide the video feed of the qualified ASL interpreter to television networks or the networks’ pool feed to enable use in their live broadcasts when using picture-in-picture format; and ensure that the qualified ASL interpreter is visible in all videos streamed on or uploaded to the White House’s website and social media pages, including but not limited to, YouTube, Facebook, and Twitter/X.”

History repeated itself with the May 2025 lawsuit. This is the second case NAS has filed against the president. NAD also sued Trump in 2020 for not using ASL interpreters during press briefings and information sessions about the COVID-19 pandemic.

On September 23, 2020, a federal court in Washington, D.C. agreed with NAD. The court issued an injunction and ordered the White House to utilize ASL interpreters, live streamed on its website for all public briefings held by the President, Vice President, and Press Secretary that address the COVID-19 pandemic. The order further requires that an ASL interpreter be provided at any coronavirus briefing held on White House grounds or at any federal agency.

After President Biden was inaugurated in 2021, the new administration sought to continue compliance with the September 2020 injunction. The administration hired several certified deaf interpreters to provide live ASL interpretation in all virtual press briefings.

According to media reports, Biden administration press releases,  and the 2025 lawsuit, the provision of ASL interpreters marked the first time in history “deaf Americans who communicate via ASL had meaningful access to all White House briefings in real time,” as many people who are deaf or hard of hearing cannot read English subtitles, the complaint alleges.

In response, NAD stated that “these interpreters were visible on the White House’s official communication channels, including WH.gov/live, Facebook, Twitter/X, and YouTube. The White House’s press briefings were thus fully accessible for deaf and hard of hearing people.”

By April 26, 2021, the Biden administration memorialized its efforts to provide accessible communication into policy, which was released in April 2021. According to the new policy:

“The Biden-Harris Administration is committed to accessibility for all Americans, including by ensuring effective communication at Presidential briefings with people who are Deaf or Hard of Hearing. The purpose of this memorandum is to clarify the policy of the Executive Office of the President (EOP) regarding the provision of American Sign Language interpreting and closed captioning services at White House briefings. This policy will be reviewed on an ongoing basis and may be updated to address significant changes in technology or best industry practices…”

Briefings with ASL interpretation included:

  • “Briefings conducted by the President, Vice President, First Lady, Second Gentleman, or White House Press Secretary, for which the White House Press Office or the White House Office of the Press Secretary provide public notice of their occurrence before the event commences and that are captured by the White House Communications Agency (WHCA); Briefings held to address the coronavirus pandemic, including updates regarding the spread of COVID-19, the federal government’s response to the pandemic, and vaccinations or treatments; and

any other briefings as approved by the White House Press Secretary or designee, Director of the Office of Administration (OA) and Director of the Office of Management and Administration, or designee(s).”

According to NAD, the Trump administration ended these briefings with ASL interpreters. “However, this practice abruptly ended in January 2025. The White House has not provided any ASL interpreters for any press briefings since that time, despite the NAD’s repeated requests.”

The case remains in its very early stages. The court has not scheduled any hearings and is awaiting defendants’ responses to the plaintiffs’ disability discrimination complaint.

© Bruce L. Adelson 2025 All Rights Reserved The material herein is educational and informational only.  No legal advice is intended or conveyed.

Bruce L. Adelson, Esq., is nationally recognized for his compliance expertise.  Mr. Adelson is a former U.S Department of Justice Civil Rights Division Senior Trial Attorney.  Mr. Adelson is a faculty member at the Georgetown University School of Medicine and University of Pittsburgh School of Law where he teaches organizational culture, implicit bias, cultural and civil rights awareness.

Mr. Adelson’s blogs are a Bromberg exclusive.

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