Much partnered with Disability Rights Advocates and Equip for Equality to represent Daniel Valenzuela, a Deaf individual incarcerated in the Illinois Department of Corrections (IDOC), in filing a federal lawsuit challenging IDOC’s failure to provide Deaf people equal access to its expanded telephone program. 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,” Valenzuela said. “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.
Valenzuela, as well as others who are Deaf and use sign language, are denied this important access. 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 Valenzuela and other Deaf people from using their tablets to place calls in ASL.
The result of IDOC’s action is that 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 cell phones at the times they and their loved ones choose. However, Deaf individuals have calls during restricted hours and only when staff members 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 the Thanksgiving, Christmas, and New Year’s holidays. Valenzuela was not able to speak with his family during the holidays, causing him a great deal of grief and depression.
Valenzuela’s complaint alleges that IDOC’s practices violate the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. 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 Steve Blonder, principal and Management Committee member at Much. “We are proud to represent Valenzuela in his fight for equal access.”