The City of Boulder has finalized a legal settlement with Joslynn Montoya, a deaf woman who alleged in May 2022 that city police officers discriminated against her in part by not using American Sign Language to communicate effectively. Officers temporarily took custody of her two children due in part to a miscommunication, the lawsuit alleged.
Under the settlement, the city agreed to pay $75,000 to Montoya and the Colorado Cross-Disability Coalition, a disability rights advocacy organization based in Denver that was also a plaintiff in the case. The city admits no wrongdoing and has denied many of the allegations.
According to the June 1, 2023, complaint filed in the U.S. District Court, Montoya was packing up to leave a local domestic violence shelter when she first interacted with Boulder police officers. Montoya primarily communicates using American Sign Language (ASL), but officers used text messages in an attempt to communicate with her. Due to a miscommunication, officers mistakenly believed Montoya did not have enough money to stay at a hotel that night and so they took custody of her two children. The children spent a night with Montoya’s sister-in-law, while Montoya stayed at a hotel.
The lawsuit alleged the city failed to “ensure effective communication” with Montoya and, as a result, violated the Americans with Disabilities Act and the Colorado Anti-Discrimination Act, among other allegations. As part of the settlement, the Boulder Police Department has agreed to adopt certain best practices when interacting with deaf people, according to city officials.
Correction: A previous version of this story said Montoya’s children spent a night with her sister. They stayed with her sister-in-law.