July 26, 2021 marks the 31st anniversary of the Americans with Disabilities Act (ADA). This bipartisan legislation laid the foundation for recognizing and enforcing the basic rights of people with disabilities at work and in the community. It also led to the U.S. Supreme Court’s June 22, 1999 decision in Olmstead v. L.C. which helped define the concept of community integration as it applies to people with disabilities.
Decades later, we continue to evaluate what community integration means. While many challenges remain, community integration cannot happen when people with disabilities are unable to access police and medical services without fear of involuntary hospitalization, assault or worse. These risks are compounded for individuals with mental illness who are also Black, Indigenous and People of Color (BIPOC). A general lack of accountability in these circumstances further complicates matters. It can result in victims of crime feeling not only cut off from the services designed to protect and address their needs, but also in danger of possible additional harm. True community integration means living without fear that your disability is sufficient grounds for death.
Disability Rights New York recently partnered with the John Jay College of Criminal Justice to review recent incidents, initiated by the tragic death of Daniel Prude.
As explained in our report, Systems in Crisis, descriptions such as “emotionally disturbed” and acting “erratically” were used to justify fatal police responses to individuals in clear need of assistance. Instead, they were shot dead in their apartment, tased and restrained in their doorways, or asphyxiated while restrained in police custody.
Our report also addressed law enforcement’s sweeping powers to commence the emergency involuntary commitment process, triggered by a series of subjective assessments. Officers must determine that a person “appears to be mentally ill”, with little regard for the clinical standards. Officers must make an assessment that the person is “conducting themselves in a manner that is likely to result in serious harm to the person or others” without clear factual criteria to base this assessment on. Individuals with disabilities must receive the protection of a clearly defined standard before their inalienable rights are infringed upon.
Those with mental illness face the risk that police involvement will result in a “mental health arrest” that could lead to negative outcomes with regards to employment or future opportunities. True community integration involves access to the same emergency services available to individuals without disabilities, without risk of arrest or involuntary hospitalization.
Approaches designed to minimize the risk of harm to individuals with a disability exist. Pilot programs for the increased use of social workers and EMS personnel in response to mental health crisis calls are one step. Unfortunately, these solutions face barriers that can include use of “opt-in training” in lieu of mandated training, inconsistent adoption of programs or strategies, lack of a timely response and a lack of awareness to alternatives. True community integration means that accessing public services does not make respect for your individual rights optional.
This year, in reflecting on the anniversary of the ADA and the meaning of the Olmstead case, it is important to understand that barriers remain. So long as individuals with disabilities are at risk of increased victimization when accessing public health and safety services, community integration has not been achieved.