JACKSONVILLE, Fla. — A local couple says they’ve been trying to get a marriage license for the last year but have had no luck and they believe it’s because they are deaf. Today they filed a federal lawsuit against the Circuit Court of Duval County and its Clerk of Court, Jody Phillips.
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It all began at the Duval County Courthouse.
To celebrate 10 years of dating, Joel Alfaro and Yusela Silvente say they came to the courthouse last October looking for a marriage license and to get married. However, the celebration ended when the couple said they were denied that license.
“They went to the clerk’s counter and were denied a license and (they) said, ‘Well, no. You need to bring a hearing-impaired interpreter with you,’ and they said, ‘Well, that’s not what we know the law to be, can we speak to a manager?,” says their attorney, John Phillips.
Joel Alfaro and Yusela Silvente are both deaf. Their lawyer says once the couple met with a manager, they were still denied an interpreter and were told they needed to bring their own.
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“Even the clerks website says they will provide an interpreter in these cases,” says John Phillips.
The couple was looking for a court-appointed interpreter instead of getting a personal interpreter. Macy Vargas from Washington is helping to represent the couple. She specializes in cases that represent those with disabilities and says it is hard to find an interpreter that speaks Spanish, which is why Alfaro and Silvente were looking for a court appointed interpreter.
The couple met in Columbia and has been together for almost 11 years now. They share a son and say they will still want to get married in Duval.
“We would like for the ease of access and accessibility to happen on the day that people want to obtain their marriage license regardless of their status,” says interpreter Brooke Jensen.
The Fourth Judicial Circuit Court of Florida’s website says under its foreign language interpreter program that you are entitled to a sign language interpreter at no cost to you. It also says that requests for a sign language interpreter should be made at least five days prior to the scheduled event.
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After learning that, Alfaro says he back tracked and made eight attempts to call the Duval County Clerk’s office trying to schedule an appointment with an interpreter. He added that at one point he did get to meet with the clerk of court in person, in which they communicated with one another by typing on a computer. The couple was still denied an interpreter.
“The court system wasn’t prepared either via TED or otherwise to provide an interpreter,” says John Phillips.
T-E-D stands for telephone equipment distribution, a communication program for those who are deaf or are hard of hearing. Phillips says this is a clear violation of his client’s rights, specifically the Americans with Disabilities Act section 504.
“It’s been almost a year and they still await their marriage license,” says John Phillips.
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I reached out to the clerk of court to get their response, but their director of communications said they don’t comment on pending litigation. However, the clerk does take the allegations seriously, saying they will continue to ensure they provide the best service possible to each customer in their office.
This federal lawsuit is a pro bono case, so John Phillips has set up a GoFundMe account to help with the couple’s legal expenses. They are asking for $10,000. If you would like to donate you can click here.
