“I have six kids, four grandkids, and one of my sons is in the military. I cherish and love my family so much,” said Mr. Valenzuela. “I just want to tell them happy birthday and I am so grieved when I can’t call because I don’t want them to think I forgot.”
Chicago, IL—Daniel Valenzuela, a Deaf individual incarcerated in the Illinois Department of Corrections (IDOC), filed a federal lawsuit challenging IDOC’s failure to provide Deaf people equal access to its expanded telephone program. Mr. Valenzuela is represented by Disability Rights Advocates, Equip for Equality, and Much Shelist. Read the complaint.
“I have six kids, four grandkids, and one of my sons is in the military. I cherish and love my family so much,” said Mr. Valenzuela. “I just want to tell them happy birthday and I am so grieved when I can’t call because I don’t want them to think I forgot.”
In 2025, recognizing the critical importance of regular phone calls for people in correctional settings, IDOC expanded its telecommunications program. IDOC now provides incarcerated individuals tablet devices that allow them to make multiple telephone calls throughout the day, from their housing units and without relying on IDOC staff for access.
But Mr. Valenzuela—and others who are Deaf and use sign language—are denied this important access. Mr. Valenzuela communicates primarily using American Sign Language (ASL) and must have videophones to talk to his loved ones. Although IDOC-issued tablets have videophone capability, IDOC blocks that feature, preventing Mr. Valenzuela and other Deaf people from using their tablets to place calls in ASL.
The result of IDOC’s action is that Mr. Valenzuela and other Deaf individuals get only a small fraction of the call access that is available to their non-disabled peers. Everyone around them can talk on the phone from their cells, at the times they and their loved ones choose. But Deaf individuals have calls during restricted hours and only when staff are available (and willing) to allow them to use the videophones, which are often in completely different buildings.
Even those hard-to-get calls are limited. For example, the complaint describes that from November 2025 to January 2026, the videophone was not functioning for 54 days in a row, including over Thanksgiving, Christmas, and New Year’s. Mr. Valenzuela was not able to speak with his family during the holidays, causing him a great deal of grief and depression.
Mr. Valenzuela’s complaint alleges that IDOC’s practices violate the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). He seeks a court order requiring IDOC to provide telephone access equal to that provided to non-disabled people in custody.
The benefits of regular, consistent phone access in prisons are well documented. Research has shown that regular phone communication can support rehabilitation, strengthen parent-child relationships, promote positive mental health outcomes, and help people maintain meaningful connections with loved ones.
“When IDOC chose to expand telephone access through tablet technology, it had an obligation to ensure that Deaf people could benefit from that program on equal terms,” said Rachel M. Weisberg, Directing Attorney at Disability Rights Advocates. “The ADA and Section 504 have long required public entities to provide effective communication and equal access. New technology cannot become another barrier for people with disabilities.”
“IDOC already has the technology that can make communication possible, so Deaf individuals in custody can stay connected with their loved ones just like everyone else around them,” said Sophia Lau, attorney at Equip for Equality. “This case asks only that IDOC stop blocking Deaf people from using it, following the lead of other correctional systems across the country.”
“The ability to communicate with family is not a luxury—it is a lifeline,” said Steven P. Blonder, principal at Much Shelist. “We are proud to represent Mr. Valenzuela in his fight for equal access.”
Disability Rights Advocates
With offices in New York, California, and Chicago, Disability Rights Advocates is the leading nonprofit disability rights legal center in the nation. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with all types of disabilities in complex, system-changing, class action cases. DRA is proud to have upheld the promise of the ADA since our inception. Thanks to DRA’s precedent-setting work, people with disabilities across the country have dramatically improved access to education, health care, employment, transportation, disaster preparedness planning, voting, and housing. For more information, visit dralegal.org.
Equip for Equality
Established in 1985, the mission of Equip for Equality is to advance the human and civil rights of people with disabilities in Illinois. Equip for Equality is a private not-for-profit legal advocacy organization designated by the Governor to operate the federally mandated Protection and Advocacy System to safeguard the rights of people with disabilities. For more information about Equip for Equality, go to www.equipforequality.org
Much Shelist, P.C.
Much was established more than 50 years ago as a law firm focused on business counseling, transactional law, and litigation. Today, our firm provides the culture of service and creativity you find at boutique firms, but with the sophistication and resources you expect from the largest firms. Much is home to 110+ attorneys who counsel our clients on matters of corporate law and finance, real estate, commercial litigation, labor and employment, insurance, intellectual property, venture capital, restructuring, health care, construction, estate planning, and so much more. Giving back to our communities through pro bono work, philanthropy, and volunteerism is a cornerstone of our ethos as a business. For more information about Much Shelist, got to www.muchlaw.com.
This publication is made possible by funding support from the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services and Substance Abuse Mental Health Services Administration. The contents of this publication are solely the responsibility of Equip for Equality and do not represent the official views of these agencies.
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