When Police Dismiss a Deaf Motorist’s Complaint: What You Can Do Next

When the Rochester Police Department cleared officers in the recent case involving a Deaf motorist who was not provided an interpreter, it raised a question many Deaf and hard-of-hearing community members face:

“What can I do if the police say nothing went wrong?”

The answer is simple and important:

You have options — and one of the most effective is filing a complaint with the New York State Division of Human Rights (DHR).

This post explains why the police review was not the end of the road and what anyone in a similar situation can do next.


1. Police Internal Reviews Are Not Civil-Rights Investigations

In the RPD case, the department’s Professional Standards Section (PSS):

  • Did not interview the responding officer
  • Did not analyze interpreter access under ADA Title II
  • Relied on partial communication
  • Cleared the officers

This is common statewide.
Police internal review systems are designed to evaluate officer misconduct, not disability discrimination.

So when police dismiss a complaint, it often means:

  • They didn’t see it as misconduct
  • They didn’t apply ADA standards
  • They didn’t examine communication access
  • They didn’t consider Deaf rights

It does not mean no discrimination occurred.

That is exactly why DHR exists.


2. DHR Handles What Police Don’t: Disability Discrimination in Public Services

When a Deaf or hard-of-hearing person experiences:

  • No interpreter provided
  • Ineffective communication
  • Being spoken over or excluded
  • Officers talking only to a hearing family member
  • Not being able to participate in the encounter
  • An inaccurate or incomplete police report

These are civil-rights harms, not just policing concerns.

DHR investigates public service discrimination, including:

  • Law enforcement
  • Government agencies
  • Emergency services

This makes DHR the correct venue when:

  • Police fail to provide an interpreter
  • Police dismiss or mishandle a complaint
  • ADA rights are ignored

3. Filing a DHR Complaint Is Free, Simple, and Easy to Start

One of the biggest barriers for many people is fear that filing a government complaint is complicated.

With DHR, it isn’t.

The process is:

  • Free
  • Online or by mail
  • Requires only a basic explanation of what happened
  • No attorney needed
  • No technical language required
  • You can file even if police already dismissed your complaint

All DHR needs to begin is:

  • Your contact information
  • The agency (e.g., Rochester Police Department)
  • A short description of what happened and why communication was ineffective

That’s it.


4. What to Expect: DHR Takes Time — But It’s Worth It

DHR is thorough, which means:

  • Investigations often take months
  • They gather documents from the police
  • They review video
  • They contact witnesses
  • They apply state civil-rights law
  • They are neutral — not part of RPD

It is normal for a case to be in the queue for a long time.
That delay is not a dismissal — it’s simply the reality of state-level civil-rights enforcement.

For many Deaf motorists, DHR becomes the first time someone truly reviews what happened.


5. Why This Matters (For This Case and Others)

The RPD Deaf Motorist case shows a pattern many people in the Deaf community have experienced:

  • Police rely on hearing family instead of interpreters
  • Drivers are unable to explain their side
  • Officers mistake partial communication for full understanding
  • Internal reviews are extremely limited
  • Complaints are dismissed

But none of that prevents you from filing a DHR complaint.

If the police won’t acknowledge the issue, DHR can.

And for communities like Rochester — with one of the largest Deaf populations in the country — accessible complaint pathways matter.


6. The Bottom Line

If you are Deaf or hard of hearing and the police:

  • Don’t offer an interpreter
  • Don’t communicate effectively
  • Ignore your attempts to explain
  • Speak only to a hearing relative
  • Dismiss your internal complaint

You can still file a free, independent civil-rights complaint with the New York State Division of Human Rights.

Police internal reviews are not the end.
They are only the beginning.

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