The incarceration of people with disabilities, including those who are blind or have visual impairments, raises important questions around accessibility, rights, and justice. This article will explore whether a blind person would go to a regular prison without accommodations for their disability, the legal considerations around disability and incarceration, and the arguments for and against placing blind prisoners in regular prisons.
Background on Blindness and Incarceration
Prevalence of Blindness
According to the World Health Organization, at least 2.2 billion people have a vision impairment. Of those, at least 1 billion have a vision impairment that could have been prevented or has yet to be addressed. Globally, there are around 1.1 billion people living with presbyopia and 55 million with cataracts.
Additionally, 217 million people have moderate to severe vision impairment, with 53 million being blind. The leading causes of blindness and vision impairment are uncorrected refractive errors and cataracts. The majority of people with vision impairments are over the age of 50. However, vision impairment affects people of all ages.
Blindness and Incarceration Rates
There is limited data on the number of blind or visually impaired individuals who are incarcerated. However, some key statistics indicate:
- In the United States, between 4-10% of prisoners report having a visual disability. This translates to between 74,000 to 185,000 visually impaired prisoners.
- Blind adults are incarcerated at nearly the same rate as the general population – 5.1 per 1000 blind adults compared to 6.6 per 1000 adults in the general population.
- Among juvenile offenders, the rate of visual disabilities has been measured between 7-10%.
So while blindness is less common among prisoners than the general population, there are still a substantial number of blind and visually impaired individuals incarcerated.
Rights and Legal Considerations for Blind Prisoners
Disability Rights Laws
In the United States and many other countries, there are several key laws regarding disability rights:
- The Americans with Disabilities Act (ADA) prohibits discrimination based on disability and requires reasonable accommodations. This applies to state and local correctional facilities.
- Section 504 of the Rehabilitation Act prohibits discrimination against disabled persons in federally funded programs or activities. This includes federal prisons.
- The Convention on the Rights of Persons with Disabilities calls for equal access to justice, liberty, and security for those with disabilities. This UN treaty has been ratified by most countries.
Case Law Precedents
There have been several court cases that have helped establish standards for accommodating blind and disabled prisoners:
- In Bonner v. Lewis, a legally blind inmate sued for access to accessible reading materials and visual aids. The court ruled prisons must provide “reasonable accommodations.”
- Love v. Westville Correctional Center established that preventing a blind inmate from participating in programs violated the ADA.
- Armstrong v. Brown set guidelines for accommodations like accessible bathrooms, walking aids, and signage.
So while US prisons are required to make “reasonable accommodations”, the details vary case-by-case.
Arguments For Housing Blind Prisoners in Regular Prisons
There are several arguments often made for placing blind prisoners in regular prison facilities:
Rights to be with General Population
Some argue blind inmates should not be segregated and have a right to interact with the general prison population like everyone else. Excluding them could violate their civil rights.
Avoid Perceptions of “Special Treatment”
Separating or giving blind prisoners “special treatment” with different housing may create tension or perceptions of favoritism from other inmates or staff.
Social Interaction is Beneficial
Being part of the general population provides important social interactions for blind prisoners, which can have benefits for mental health and rehabilitation.
No Right to Separate Facilities
Some point out prisons are only required to make “reasonable accommodations” – there is no established right to completely separate or adapted facilities.
Arguments Against Housing Blind Prisoners in Regular Prisons
There are also several arguments made for why regular prisons without accommodations are inadequate for blind inmates:
Inaccessibility Creates Hardships
Blind prisoners face many hardships and dangers in navigating a prison not adapted for visual impairments, including:
- Cells, hallways, amenities like toilets or showers may be physically hazardous.
- They may be unable to read rules, notices, or messages from staff.
- Unlabeled surroundings could prevent participation in education, work or exercise.
- Access to reading materials, technology, entertainment is limited.
- Privileges like phone calls require sighted assistance.
- Orientation and mobility is extremely difficult without accommodations like maps or guides.
Safety and Vulnerability Concerns
Without accommodations, blind prisoners are vulnerable to:
- Victimization, manipulation, or coercion from other inmates.
- Difficulty seeking help from guards in case of emergencies or assault.
- Accidental injury due to inaccessible surroundings.
Isolation and Exclusion
When prisons are not accessible, blind prisoners can become isolated and excluded from:
- Social interactions, recreation, sports enjoyed by sighted inmates.
- Academic, vocational, and rehabilitation programs.
- Jobs within the prison system.
Violates Rights and Standards
Placing blind inmates in regular prisons contradicts laws and standards requiring accessible accommodations and freedom from disability discrimination.
Sets up Unequal System
Having one set of facilities for the blind and another for everyone else does not promote justice. Universal design should aim to provide accessibility for all.
Accommodations Blind Prisoners Require
Ensuring blind prisoners have equal access would require prisons provide accommodations such as:
- Staff training on assisting visually impaired individuals.
- Modifications like Braille signage, tactile maps and diagrams, lighting adjustments, audible announcements, and accessible technology.
- Orientation and mobility assistance during intake and transfer between facilities.
- Adapted living spaces free of physical hazards.
- Aids like canes, glasses, magnifiers provided as needed.
- Equal access to education, work programs, exercise, recreation adapted with things like audiobooks, accessible computers and exercise equipment.
- Chaperones or assistants to help navigate inaccessible areas as needed.
- Reading assistance for documents like policies, notices, letters and books.
| Type of Accommodation | Examples |
|---|---|
| Signage and Navigation | Braille or tactile signs, accessible maps and diagrams, chaperones or guides |
| Communication | Reading and writing assistance, audible announcements |
| Living Spaces | Removal of physical hazards, accessibility adaptations |
| Programs and Services | Audiobooks, accessible computers, adapted exercise equipment |
| Assistive Devices | Canes, magnifiers, glasses provided as needed |
| Staff Training | On how to assist and communicate with blind inmates |
Conclusion
While some argue blind prisoners should remain with the general population, extensive evidence shows regular prisons without accommodations fail to meet accessibility standards and pose undue hardships and danger.
Blind inmates have legal rights to reasonable accommodations under disability laws. But the minimum accommodations required vary case-by-case based on individual needs.
Ideally, universal design principles would create facilities, programs and services accessible to both sighted and blind inmates, enabling integration without discrimination. But cost and lack of awareness can hinder adoption of these best practices.
More research on implementing accommodations is needed. But following guidelines from preceding legal cases, providing adapted living spaces, accessible navigation tools like signs and maps, reading assistance, and accessibility training for staff would vastly improve conditions for blind prisoners.
Ultimately, with the proper accommodations and staff training, blind inmates can successfully participate in rehabilitation and prison life without segregation or exclusion. But much work remains to make this ideal of equal accessibility into a reality within correctional systems.