Table of Contents
The ADA
The main law related to accommodations in court and related offices is the Americans with Disabilities Act (ADA). In general, the ADA forbids:
- Discrimination;
- The denial of the benefits from any services, programs, or activities; or
- The denial of meaningful access.
“Meaningful access” means more than simply being allowed to enter a courthouse. It includes the ability to understand, participate in, and benefit from court services, programs, and proceedings.
Does the ADA apply to courts and related offices?
Yes. The ADA applies to all city, county, and state entities. Covered government activities include:
- Courts and judicial services;
- Probation services;
- Prisons and jails; and
- Law enforcement services in some contexts.
The ADA does not apply to the federal government or to federal courts.
Do courts have to be physically accessible?
Court buildings and facilities must be physically accessible to people with disabilities. This includes accessible entrances, routes of travel, courtrooms, restrooms, and parking areas. Accessible parking spaces must be located on the shortest accessible route of travel to an accessible entrance. If a courthouse or courtroom is not accessible, the court may be required to relocate services or proceedings to an accessible location.
What is a disability under the ADA?
Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, walking, seeing, speaking, hearing, learning, concentrating, or communicating. They also include impairments of major bodily functions, such as neurological, respiratory, circulatory, immune, and other bodily systems.
Disabilities covered by the ADA may be visible or non-visible. Additionally, a disability does not need to be permanent to fall under the ADA’s protection. Conditions that come and go, are in remission, or temporarily limit a person’s ability to function may still qualify when they substantially limit a major life activity.
The ADA also protects individuals who have a history of a disability or who are regarded as having a disability, even if they do not currently have a physical or mental impairment.
Do courts have to make reasonable accommodations if needed because of my disability?
Yes.
Any individual with an interest in participating in or attending any proceeding before a court of this state may make a request for accommodations. This may include jurors, parties, attorneys, witnesses, and spectators.
Accommodations
Do I have to ask for an accommodation?
Generally, yes. A person with a disability normally must request an accommodation, including any policy modification, unless both the disability and the need for accommodation is already known to the court, or is obvious.
It is best to request an accommodation as soon as you know you will need one. However, an accommodation request may be made at any time, and even if a request is made close to a hearing or court date, the court must still make reasonable efforts to provide an accommodation.
What kinds of accommodations may be required?
The kind of accommodation depends on the type of disability. Some typical courtroom accommodations are qualified American Sign Language interpreters, documents in large print or the use of a service animal, but there may be others as well.
What are some types of modifications or changes I might ask for?
Legal cases and other authorities describe various examples of possible modifications, including:
- Continuances;
- Shortened trial days;
- Breaks between trial days;
- Proactive notice of the accommodation process; and
- Participation by telephone or video conferencing, when appropriate.
Court staff may be able to grant some accommodation requests directly. However, requests that affect how a case is handled (such as asking for a continuance, extension of time, or remote participation) must be decided by the judge or judicial officer presiding over the specific case.
What kinds of accommodations are not included?
The ADA does not require courts or others to:
- Provide personal devices, equipment, or services (e.g., wheelchairs, prescription eyeglasses or hearing aids)
- Assist with eating, toileting, or dressing (except in detention facilities)
- Provide legal counsel, legal research, or legal advice
- Provide transportation to and from the courthouse
- Give an official transcript of a court proceeding
- Give medication or personal services (medical or attendant care)
Can I ask for a court-appointed lawyer as an accommodation?
Yes, you may request it, but it will likely not be granted. For more information, see our Court-Appointed Attorneys as a Disability Accommodation in Civil Cases.
Service animals
Can I ask that I be allowed to bring my service animal?
Yes. The law generally requires that you be allowed to bring your service animal.
A service animal is defined as a dog that has been individually trained to do work or perform tasks for a person with disability. A service animal can be any breed of dog.
The term may include a psychiatric service animal, but it does not cover so-called “comfort animals” or “emotional support animals.” If yours is a comfort animal but not a service animal, the court may allow you to bring it with you, but it is not required to do so.
Service animals can be removed only if they are out of control, or are not housebroken.
(Note that the ADA does protect the use of miniature horses as a service animal but only in certain narrow circumstances.)
Can they make me have proof that my dog is a service animal?
Courts cannot require any certification or documentation to prove yours is a service animal, (in fact, there are no official certifications) but you can volunteer such information if you choose to.
Courts and their staff (and other government agencies) can only ask two questions: (1) is the animal required because of a disability, and (2) what work or tasks has the animal has been trained to perform.
Support person
Can I have a support person as an accommodation?
Yes, you can request a support person as an accommodation.
A support person can be any third party like a significant other, psychologist, care-taker or someone from a lay advocate.
A licensed attorney can be a support person, but their duties as a support person will have to be separate from their role as an attorney.
What kind of disability is needed to request a support person as an accommodation?
People with a wide range of disabilities, including learning or intellectual disabilities, ADHD, PTSD, anxiety, autism, cancer, multiple sclerosis, or cognitive impairments or fatigue, may use support persons to assist with focus, comprehension, or note-taking during court proceedings.
When do I make a request for a support person?
You can make a request for a support person at any time, although it is best to ask for any reasonable accommodation as soon as you know you will be in court.
Deaf or blind individuals
What if I am deaf or blind, or have another communication disability?
The ADA requires courts and other government agencies to provide “auxiliary aids and services” to make sure there is effective communication.
Some examples of “auxiliary aids and services” include:
- Qualified interpreters;
- Video relay (VRS), a free service for people who are all in the same room;
- Video remote interpreting (VRI), a paid service if the people are in separate locations;
- Notetakers;
- Computer assisted real time transcription (CART);
- Qualified readers;
- Audio recordings;
- Braille or large-print materials; or
- Materials accessible to screen-readers.
What if I need a sign-language interpreter?
All Texas civil and criminal courts are required to appoint a certified or licensed interpreter for civil or criminal court proceedings. The court is also required to appoint an interpreter for witnesses, jurors, and counsel. The court is responsible for scheduling, arranging, and paying for the interpreter. The individual who is deaf or hard of hearing is not responsible for making these arrangements and may not be charged for the cost of a qualified interpreter. The interpreter’s fee and expenses are paid from the general fund of the county in which the case was brought, and the cost cannot be passed on to you.
Can the court make me bring my own interpreter, or can they make me use a family member if I don’t want to?
No. Courts and other government entities can’t require deaf individuals to bring their own interpreters, nor can they make you use a family member unless it’s a life-or-death emergency situation.
But if you want to bring your own, you can ask that they allow that.
What if they are offering me a different accommodation, or one that is not as good?
Courts and other public agencies must give “primary consideration” to the type of communication, aids, or services that you request, however, they are not obligated to provide you the exact accommodation you want.
If the court determines that it cannot provide the specific accommodation you requested, it must consider whether another accommodation could be provided that is equally effective in allowing you to participate in court proceedings.
What if I have a companion who is deaf? Can they get an interpreter too?
Maybe. Interpreters may also be needed for deaf companions, but only if they are an appropriate person for the court or office to communicate with.
Are there limits to what the court has to do?
Yes. They are only required to give a modification or accommodation that is reasonable.
Also, courts are not required to:
- “Fundamentally alter” the nature of their programs or services;
- Grant a modification that would be an “undue burden,” i.e., would require significant difficulty or expense; or
- Serve an individual if it would pose a “direct threat” to the health or safety of others.
Note that even if a modification or accommodation is not required because of the above rules, courts and other agencies must provide alternatives if possible.
How do I go about getting an accommodation or modification?
Under the ADA, courts are responsible for handling requests for accommodations. Requests are typically made through court staff, such as the court clerk, court administrator, or another designated accessibility or ADA contact person. Information about how to make an accommodation request is often available on the court’s website or by contacting the clerk’s office.
The first step is to explain your disability-related need to court staff, and ask for the accommodation or modification you need.
You should put your request in writing if at all possible. Sometimes, a court may require that you make an actual motion to the judge.
See our Sample Letter: Requesting a Reasonable Accommodation in Court for more information.
You should create a clear record of the need for modifications, and the impact the lack of accommodations had, or will have.
You are not required to disclose detailed medical information when requesting an accommodation. It is usually sufficient to explain how your disability affects your ability to participate and what accommodations you need. Information related to your disability should be shared only with court personnel who need it to process or implement the accommodation.
Note that the ADA makes it illegal for public officials to retaliate against a person for requesting a disability accommodation or modification. Retaliation includes actions intended to discourage a person from requesting accommodations or asserting ADA rights, such as threats, delays, or negative treatment because of the request. It is also illegal to interfere with a person’s right to request an accommodation or modification.
What do I do if my request is denied?
First, make sure there is a record of your request, and of the denial.
Second, try to convince them to change their mind.
If that does not work, you can file a complaint with the U.S. Department of Justice online or by U.S. mail. See our How to File a Complaint Under Titles II and III of the ADA for more information.
Finally, it is sometimes possible to sue a state or local entity that violates the above rules, although there may be legal barriers to overcome in doing so. Typically an individual has two years from the date of the discrimination to file a lawsuit.
Published: April 13, 2026
Publication Code: AC33
www.DRTx.org
Statewide Intake: 1-800-252-9108
Sign Language Video Phone: 1-866-362-2851
Purple 2 Video Phone: 512-271-9391
Online Intake available 24/7: intake.DRTx.org
Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.
The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.
To request this handout in ASL, Braille, or as an audio file, contact us.