Transcripts For CSPAN Justice 20240704 : vimarsana.com

CSPAN Justice July 4, 2024

Since 19 79, in partnership with the cable industry, cspan has provided complete coverage of the halls of congress from house and Senate Floors to congressional hearings, party briefings, and committee meetings. Cspan gives you a front proceed to how issues are debated and decided, with no commentary, no interruptions, and completely unfiltered. Cspan, your unfiltered view of government. Coming up next, the Justice Department discusses disability rights and in the criminal Justice System. At an event commemorating the 33rd anniversary of the americans with disabilities act. Topics included ada violations during arrests, Mental Health, and the relationship between disability discrimination and explicit racial bias. Implicit racial bias. Good afternoon everyone, can you please take your seats so we can get started . Please take your seats, thank you. Good afternoon. My name is kristen park, the assistant attorney general for the department of justice, and i am pleased to be here with all of you to celebrate the anniversary of the american americans with disabilities act. [applause] i want to acknowledge all of our distinguished guests, congressman hoyer, the chair of the eeoc Justice Department leaders and more, we are pleased to host all of you today. 33 years ago, congress sought to safeguard the rights of people with disabilities who quote, fully anticipate in all aspects of society. And to ensure equality of opportunity, independent living, and economic self sufficiency. This landmark law has afforded countless numbers of people with disabilities the opportunity to vote with out without architectural barriers, to work in an environment that supports their success through reasonable accommodations and to live in their own homes and communities with without being shuttered away in institutional settings. Today, we celebrate the Real Progress that has been achieved and reflect on the hard work that remains to be done. One area that demands greater attention and focus is the interaction is between people and the internet the Justice System. Millions of people have unnecessary and undesired interactions with Law Enforcement in our country. People like the black man in louisville, who in under two years, had more than 25 Police Encounters and hospitalizations associated with Behavioral Health issues. He died in a jail for days after being arrested for trespassing and failure to appear in court on previous charges. I am talking about a white man in minneapolis who was in his own front yard, shirtless, shoeless, and in pajama pants, experiencing it Behavioral Health episode, when police were called. Police showed up, firing a taser at him, causing him to drop to the ground in pain. I have talking about a young black man with psychosis that caused him to believe that his father owned a store where he stole five dollars worth of snacks. He was arrested and placed in solitary confinement for 100 days while awaiting an evaluation on his competency to stand trial. He starts to that. I am talking about a young black man with severe autism and intellectual disabilities going to a Public Library while wearing a hoodie being subverted into a solitary confinement in a virginia prison when he entered a Police Officer who stopped and restrained him following a suspicious person report. I am talking about a deaf black man who was arrested on charges of stealing an ipad, charges that were later dropped. He was jailed for 14 days without access to a slightly which interpreter. People with speech disabilities also face significant risk of harm when Law Enforcement cannot provide them with effective communication. For many people with Mental Health disabilities, Substance Use disorders, and develop mental disabilities, we are at a split screen moment in history. Many are thriving in the community and are truly integrated in all aspects of public life, work, school, recreation and transportation with no negative interactions with the criminal Justice System. Unfortunately, many others are entangled in that system, experiencing the very harm that congress tried to cure 33 years ago with the passage of the ada. This commission. Isolation. Discrimination, isolation, and relegation to lesser programs, services, and opportunities. Racism. Poverty. Intergenerational trauma. All of these, call into play, creating further harm in the daily expenses of those with disabilities. When we talk about the cabelas eight and of people with disabilities, we are talking about a Racial Justice issue. In the United States, 50 of People Killed by Law Enforcement are disabled. And more than half of disabled African Americans have been arrested by the time that they turn 28. Double the risk in comparison to their white disabled counterparts. Elijah mcclain, samuel prude, they should all be alive today. We know that people with Mental Health disabilities and Substance Use disorders makeup a substantial share, not just of people who experience police interactions, but also experience incarceration. Statistics speak for themselves about a quarter of people in jail and 14 of people in prison having a serious Mental Illness. To about 6 of all adults. Compared to about 6 of all adults. That means that over 330,000 people with serious Mental Illness are behind bars today. Once incarcerated, people with Mental Illness are 1. 7 times more likely to spend extended time in solitary confinement and 7. 4 times more likely to die by suicide. We see these same patterns when you look at those who become entangled with police. While police with people with serious Mental Illness make up only about 6 of the population, they are in involved in as many as 10 of all police calls, make up 17 of all uses of force, and 20 of people injured in police interactions. Even more disturbing since 2015, about 25 of all People Killed by police have been people expensing Mental Health issues. People with Behavioral Health disabilities are often pulled deeper into the criminal to assist system Justice System with the revolving door of repeated jails admissions, probation violations, and Justice System oversight with few off ramps to communitybased purposes that have been proven to stop the cycle or prevented from occurring in the first place. These crackle and Effective Services are often in short supply, including mobile crisis teams which respond quickly to people in crisis. And can help to deescalate the situation. Supported housing, which provides housing subsidies and supporting supportive services. Assertive Community Treatment which provides a copperhead subset of services coordinated by a mobile team. And Peer Support Services, provided by people, who through their own lived experience through Mental Health or Substance Abuse disorders provide services to build relationships of trust. Two people who need support. People with disabilities in our country have the right to live in their own homes and communities without the threat of arrest or incarceration. Segregation. Or institutionalization. In the last two years, the Civil Rights Division at the Justice Department has launched investigations, we have mounted litigations, and we have secured Consent Decrees, issued guidance, court degrees and work with partners to address the commercialization of people with disabilities. And we will not stop. We will continue to fight for greater access and greater equity for people with disabilities. For example, we found that in louisville and minneapolis, Police Officers are the primarily primary and often so responded to Behavioral Health calls, even when safety does not require a Law Enforcement response. In the 1960s, we developed the Emergency Medical Services or ems, the system that recognizes the importance of having Specialized Health responders. Rather than a law response. Insurgent emergencies where someone is expressing a heart attack or stroke or other trauma, just the same, a Specialized Health response to Behavioral Health episodes is needed in our country. Crisis teams have long recognized as effective in resolving immediate crisis. We will seek appropriate alternative responses for people with Behavioral Health effusion issues in minneapolis and louisville for remedial treatment. We also have investigations in phoenix and Oklahoma City where we are examining the same issues. But i want to say a brief part about the role of the state. Because no doubt the state system played an Important Role in providing services that help people with serious Mental Illness. States are critical to ensure that they can succeed in the community and help prevent Law Enforcement encounters altogether. When state Mental Health systems rely on institutionalization and local Law Enforcement responses rather than providing crisis and longterm services, they may run afoul of the adas integration mandate. In 2021, we found that the outer matic county of california violated the ada by failing to provide communitybased services leaving to needless hospitalization and incarceration. In our Ongoing Investigation in louisville and Oklahoma City, we are examining whether the state of oklahoma and kentucky are providing communitybased services to avoid the needless institutionalization and incarceration of people with Mental Health disabilities. This work else on groundbreaking work that we did in baltimore, where we secured a recent Consent Decree that called for less Police Involved response, the least possible, for health involved incidents. By moving calls for those services away from police and instead to mobile Crisis Services where appropriate. The Civil Rights Division has been busy filing friend of court briefs in private litigation to ensure that courts are appropriately interpreting and applying the law in this area. We weighed in on a case where young black men in a Mental Health crisis parked his car at a mcdonalds drivethrough in montgomery county, maryland, and was shot 23 times by police. Killing him. We weighed in on a case against a Florida School district on behalf of of kids with disabilities who were removed from the school by the district Police Officers after expensing Behavioral Health challenges. Experiencing Behavioral Health challenges. And the incident with a 16yearold with autism who died while defendants were responding to the child with disability related sensory overload or outburst. All of these facts situations alleged where alternative responses including deescalation may have prevented a tragic outcome. We recently secured a settlement in dayton ohio where police discriminated against in driver with a mobility disability. When they pulled him from his car even though he did not have his wheelchair with him, where reasonable modifications were available which would have allowed him to safely get out. Substandard Behavioral Health care while in jails and prisons, the use of restrictive help, and the denial of equal opportunity for programming may violate the constitution and the ada. We are currently enforcing nine sentiments regarding Behavioral Health care and in correctional facilities and have an additional five Ongoing Investigations. All of these sentiments call for connections to Community Services so that people have the critical Behavioral Health care that they need upon release. Finally, while not directly related to criminal justice issues that are the focus of our program today, i did want to bring your attention to a key piece of work that we would like to announce on the anniversary of the ada. Last friday, the Justice Department sent to the federal register a proposed rule on website accessibility, long overdue. [applause] this Important Role establishes technical standards for mobile app accessibility and the services, programs and activities of state and local governments. We are excited about this announcement and we believe that this proposed rule, if finalized, will have an enormous impact and making Public Services and programs equally available to people with disabilities across our country. Through vigorous enforcement of the ada, strong partnerships with the disability and criminal justice committee, and Racial Justice advocates and greater awareness of the devastating effects of low expectations and stigma, we can fulfill the promise of the ada, to achieve true inclusion and equality for people with disabilities. Attorney general Merrick Garland could not be here to today, but we will hear recorded remarks from him on this important anniversary. [applause] garland good afternoon. Im sorry i cannot be with you in person today, but i did not want to miss this opportunity to welcome you to the department of justice. 33 years ago tomorrow, americans the americans with disabilities act was signed into law. That landmark civil rights law ushered in a new era of greater participation, inclusion, independent living, and opportunity. For people with disabilities. The ada has been transformed, Opening Doors and removing barriers in nearly all aspects of life, including community living, housing, education, employment, health care, transportation, rental and family rights, and voting, to name just a few. It has given the Justice Department some of our most important tools to advance the promise of equal opportunity and equal justice for people with disabilities. The anniversary of the ada is thus the opportunity to recognize and celebrate the enormous impact that the law has had on the lives of people with disabilities. And on our entire country. It also gives us an important opportunity to recognize the many barriers that remain, and to recommit ourselves to breaking them down. We know that far too often Law Enforcement officers are forced to respond to individuals expensing challenges that do not have a Law Enforcement solution. This can contribute to significant harm to people expensing Mental Health crises. As well as to the needless incarceration or institutionalization of disabled people. At the same time, it puts a great strain on the Law Enforcement officers who are forced to fill in the gap where Committee Services have failed. The Justice Department is working to address these challenges through our enforcement of the ada. Last month, we traveled to minneapolis to announce the findings of our investigation into the city of minneapolis and the Minneapolis Police department. During that investigation, we observed that although many Behavioral Health related calls were serviced did not require a police response, the city failed to provide a meaningful alternative. We also saw officers of escalating situations and using affordable force against people with Behavioral Health disabilities. In so doing, the city and mbd discriminated against people with Behavioral Health disabilities by providing an Senate Floors<\/a> to congressional hearings, party briefings, and committee meetings. Cspan gives you a front proceed to how issues are debated and decided, with no commentary, no interruptions, and completely unfiltered. Cspan, your unfiltered view of government. Coming up next, the Justice Department<\/a> discusses disability rights and in the criminal Justice System<\/a>. At an event commemorating the 33rd anniversary of the americans with disabilities act. Topics included ada violations during arrests, Mental Health<\/a>, and the relationship between disability discrimination and explicit racial bias. Implicit racial bias. Good afternoon everyone, can you please take your seats so we can get started . Please take your seats, thank you. Good afternoon. My name is kristen park, the assistant attorney general for the department of justice, and i am pleased to be here with all of you to celebrate the anniversary of the american americans with disabilities act. [applause] i want to acknowledge all of our distinguished guests, congressman hoyer, the chair of the eeoc Justice Department<\/a> leaders and more, we are pleased to host all of you today. 33 years ago, congress sought to safeguard the rights of people with disabilities who quote, fully anticipate in all aspects of society. And to ensure equality of opportunity, independent living, and economic self sufficiency. This landmark law has afforded countless numbers of people with disabilities the opportunity to vote with out without architectural barriers, to work in an environment that supports their success through reasonable accommodations and to live in their own homes and communities with without being shuttered away in institutional settings. Today, we celebrate the Real Progress<\/a> that has been achieved and reflect on the hard work that remains to be done. One area that demands greater attention and focus is the interaction is between people and the internet the Justice System<\/a>. Millions of people have unnecessary and undesired interactions with Law Enforcement<\/a> in our country. People like the black man in louisville, who in under two years, had more than 25 Police Encounters<\/a> and hospitalizations associated with Behavioral Health<\/a> issues. He died in a jail for days after being arrested for trespassing and failure to appear in court on previous charges. I am talking about a white man in minneapolis who was in his own front yard, shirtless, shoeless, and in pajama pants, experiencing it Behavioral Health<\/a> episode, when police were called. Police showed up, firing a taser at him, causing him to drop to the ground in pain. I have talking about a young black man with psychosis that caused him to believe that his father owned a store where he stole five dollars worth of snacks. He was arrested and placed in solitary confinement for 100 days while awaiting an evaluation on his competency to stand trial. He starts to that. I am talking about a young black man with severe autism and intellectual disabilities going to a Public Library<\/a> while wearing a hoodie being subverted into a solitary confinement in a virginia prison when he entered a Police Officer<\/a> who stopped and restrained him following a suspicious person report. I am talking about a deaf black man who was arrested on charges of stealing an ipad, charges that were later dropped. He was jailed for 14 days without access to a slightly which interpreter. People with speech disabilities also face significant risk of harm when Law Enforcement<\/a> cannot provide them with effective communication. For many people with Mental Health<\/a> disabilities, Substance Use<\/a> disorders, and develop mental disabilities, we are at a split screen moment in history. Many are thriving in the community and are truly integrated in all aspects of public life, work, school, recreation and transportation with no negative interactions with the criminal Justice System<\/a>. Unfortunately, many others are entangled in that system, experiencing the very harm that congress tried to cure 33 years ago with the passage of the ada. This commission. Isolation. Discrimination, isolation, and relegation to lesser programs, services, and opportunities. Racism. Poverty. Intergenerational trauma. All of these, call into play, creating further harm in the daily expenses of those with disabilities. When we talk about the cabelas eight and of people with disabilities, we are talking about a Racial Justice<\/a> issue. In the United States<\/a>, 50 of People Killed<\/a> by Law Enforcement<\/a> are disabled. And more than half of disabled African Americans<\/a> have been arrested by the time that they turn 28. Double the risk in comparison to their white disabled counterparts. Elijah mcclain, samuel prude, they should all be alive today. We know that people with Mental Health<\/a> disabilities and Substance Use<\/a> disorders makeup a substantial share, not just of people who experience police interactions, but also experience incarceration. Statistics speak for themselves about a quarter of people in jail and 14 of people in prison having a serious Mental Illness<\/a>. To about 6 of all adults. Compared to about 6 of all adults. That means that over 330,000 people with serious Mental Illness<\/a> are behind bars today. Once incarcerated, people with Mental Illness<\/a> are 1. 7 times more likely to spend extended time in solitary confinement and 7. 4 times more likely to die by suicide. We see these same patterns when you look at those who become entangled with police. While police with people with serious Mental Illness<\/a> make up only about 6 of the population, they are in involved in as many as 10 of all police calls, make up 17 of all uses of force, and 20 of people injured in police interactions. Even more disturbing since 2015, about 25 of all People Killed<\/a> by police have been people expensing Mental Health<\/a> issues. People with Behavioral Health<\/a> disabilities are often pulled deeper into the criminal to assist system Justice System<\/a> with the revolving door of repeated jails admissions, probation violations, and Justice System<\/a> oversight with few off ramps to communitybased purposes that have been proven to stop the cycle or prevented from occurring in the first place. These crackle and Effective Services<\/a> are often in short supply, including mobile crisis teams which respond quickly to people in crisis. And can help to deescalate the situation. Supported housing, which provides housing subsidies and supporting supportive services. Assertive Community Treatment<\/a> which provides a copperhead subset of services coordinated by a mobile team. And Peer Support Services<\/a>, provided by people, who through their own lived experience through Mental Health<\/a> or Substance Abuse<\/a> disorders provide services to build relationships of trust. Two people who need support. People with disabilities in our country have the right to live in their own homes and communities without the threat of arrest or incarceration. Segregation. Or institutionalization. In the last two years, the Civil Rights Division<\/a> at the Justice Department<\/a> has launched investigations, we have mounted litigations, and we have secured Consent Decree<\/a>s, issued guidance, court degrees and work with partners to address the commercialization of people with disabilities. And we will not stop. We will continue to fight for greater access and greater equity for people with disabilities. For example, we found that in louisville and minneapolis, Police Officer<\/a>s are the primarily primary and often so responded to Behavioral Health<\/a> calls, even when safety does not require a Law Enforcement<\/a> response. In the 1960s, we developed the Emergency Medical Services<\/a> or ems, the system that recognizes the importance of having Specialized Health<\/a> responders. Rather than a law response. Insurgent emergencies where someone is expressing a heart attack or stroke or other trauma, just the same, a Specialized Health<\/a> response to Behavioral Health<\/a> episodes is needed in our country. Crisis teams have long recognized as effective in resolving immediate crisis. We will seek appropriate alternative responses for people with Behavioral Health<\/a> effusion issues in minneapolis and louisville for remedial treatment. We also have investigations in phoenix and Oklahoma City<\/a> where we are examining the same issues. But i want to say a brief part about the role of the state. Because no doubt the state system played an Important Role<\/a> in providing services that help people with serious Mental Illness<\/a>. States are critical to ensure that they can succeed in the community and help prevent Law Enforcement<\/a> encounters altogether. When state Mental Health<\/a> systems rely on institutionalization and local Law Enforcement<\/a> responses rather than providing crisis and longterm services, they may run afoul of the adas integration mandate. In 2021, we found that the outer matic county of california violated the ada by failing to provide communitybased services leaving to needless hospitalization and incarceration. In our Ongoing Investigation<\/a> in louisville and Oklahoma City<\/a>, we are examining whether the state of oklahoma and kentucky are providing communitybased services to avoid the needless institutionalization and incarceration of people with Mental Health<\/a> disabilities. This work else on groundbreaking work that we did in baltimore, where we secured a recent Consent Decree<\/a> that called for less Police Involved<\/a> response, the least possible, for health involved incidents. By moving calls for those services away from police and instead to mobile Crisis Services<\/a> where appropriate. The Civil Rights Division<\/a> has been busy filing friend of court briefs in private litigation to ensure that courts are appropriately interpreting and applying the law in this area. We weighed in on a case where young black men in a Mental Health<\/a> crisis parked his car at a mcdonalds drivethrough in montgomery county, maryland, and was shot 23 times by police. Killing him. We weighed in on a case against a Florida School<\/a> district on behalf of of kids with disabilities who were removed from the school by the district Police Officer<\/a>s after expensing Behavioral Health<\/a> challenges. Experiencing Behavioral Health<\/a> challenges. And the incident with a 16yearold with autism who died while defendants were responding to the child with disability related sensory overload or outburst. All of these facts situations alleged where alternative responses including deescalation may have prevented a tragic outcome. We recently secured a settlement in dayton ohio where police discriminated against in driver with a mobility disability. When they pulled him from his car even though he did not have his wheelchair with him, where reasonable modifications were available which would have allowed him to safely get out. Substandard Behavioral Health<\/a> care while in jails and prisons, the use of restrictive help, and the denial of equal opportunity for programming may violate the constitution and the ada. We are currently enforcing nine sentiments regarding Behavioral Health<\/a> care and in correctional facilities and have an additional five Ongoing Investigation<\/a>s. All of these sentiments call for connections to Community Services<\/a> so that people have the critical Behavioral Health<\/a> care that they need upon release. Finally, while not directly related to criminal justice issues that are the focus of our program today, i did want to bring your attention to a key piece of work that we would like to announce on the anniversary of the ada. Last friday, the Justice Department<\/a> sent to the federal register a proposed rule on website accessibility, long overdue. [applause] this Important Role<\/a> establishes technical standards for mobile app accessibility and the services, programs and activities of state and local governments. We are excited about this announcement and we believe that this proposed rule, if finalized, will have an enormous impact and making Public Services<\/a> and programs equally available to people with disabilities across our country. Through vigorous enforcement of the ada, strong partnerships with the disability and criminal justice committee, and Racial Justice<\/a> advocates and greater awareness of the devastating effects of low expectations and stigma, we can fulfill the promise of the ada, to achieve true inclusion and equality for people with disabilities. Attorney general Merrick Garland<\/a> could not be here to today, but we will hear recorded remarks from him on this important anniversary. [applause] garland good afternoon. Im sorry i cannot be with you in person today, but i did not want to miss this opportunity to welcome you to the department of justice. 33 years ago tomorrow, americans the americans with disabilities act was signed into law. That landmark civil rights law ushered in a new era of greater participation, inclusion, independent living, and opportunity. For people with disabilities. The ada has been transformed, Opening Doors<\/a> and removing barriers in nearly all aspects of life, including community living, housing, education, employment, health care, transportation, rental and family rights, and voting, to name just a few. It has given the Justice Department<\/a> some of our most important tools to advance the promise of equal opportunity and equal justice for people with disabilities. The anniversary of the ada is thus the opportunity to recognize and celebrate the enormous impact that the law has had on the lives of people with disabilities. And on our entire country. It also gives us an important opportunity to recognize the many barriers that remain, and to recommit ourselves to breaking them down. We know that far too often Law Enforcement<\/a> officers are forced to respond to individuals expensing challenges that do not have a Law Enforcement<\/a> solution. This can contribute to significant harm to people expensing Mental Health<\/a> crises. As well as to the needless incarceration or institutionalization of disabled people. At the same time, it puts a great strain on the Law Enforcement<\/a> officers who are forced to fill in the gap where Committee Services<\/a> have failed. The Justice Department<\/a> is working to address these challenges through our enforcement of the ada. Last month, we traveled to minneapolis to announce the findings of our investigation into the city of minneapolis and the Minneapolis Police<\/a> department. During that investigation, we observed that although many Behavioral Health<\/a> related calls were serviced did not require a police response, the city failed to provide a meaningful alternative. We also saw officers of escalating situations and using affordable force against people with Behavioral Health<\/a> disabilities. In so doing, the city and mbd discriminated against people with Behavioral Health<\/a> disabilities by providing an Emergency Response<\/a> service not providing a service in violation of the ada. We are now working closely with the city, the Police Department<\/a> at the committee to develop a plan for addressing the problems identified in our findings report. Earlier this year, we announced similar findings of ada violations involving the louisville and the Jefferson County<\/a> metro government. They are, too, we are working with local officials and Community Members<\/a> to implement real measures. In addition to our Enforcement Actions<\/a> we are working across governments to provide agencies with the support, Technical Assistance<\/a> and resources that they need. To more effectively care for people in crisis. In may of this year, the Justice Department<\/a>, together with the department of health and human services, issued guidance for Emergency Response<\/a>s to people with Behavioral Health<\/a> or other disabilities. This guidance provides state and local officials with best practices for responding to crises experienced by people with disabilities. And on a slightly different, but closely related subject, i wanted to let you know that the Justice Department<\/a> will soon issue a notice of regarding website accessibility for people with disabilities. Indeed, depending on the day and the time that some bushes play on these recorded remarks, you may already know about that notice. [laughter] in the 33 years since the enactment of the ada, we have made progress for fulfilling the promise of equal justice and opportunity for people with disabilities. As todays Program Makes<\/a> clear, we have much more work to do. The Justice Department<\/a> will never stop working to make the 80s promise real for all people with disabilities. We are deeply grateful to everyone who has joined us here today for your partnership in that urgent work. Thank you. [applause] clarke now, i am delighted and honored to introduce our keynote speaker for todays events, Brian Stevenson<\/a> is the founder and executive director of the equal Justice Initiative<\/a>, and he is a lifelong advocate for Racial Justice<\/a>. For disability rights. And reform of the criminal Justice System<\/a>. Mr. Stevenson began his legal career at the seven center for human rights, helping to represent death row inmates in the deep south. In 1989, mr. Stevenson for the equal Justice Initiative<\/a> in montgomery alabama. To guarantee legal representation to any alabama inmates on death row. One of his very first cases was the conviction appeal of walter mcmillan. A black man who had been sentenced to death for a crime that he did not commit. Mr. Stevenson represented mr. Mcmillan for several years and was able to exonerate him and obtain his release from prison in 1993. Since then, is to stevenson has been ultimately able to exonerate that dash cam. He has successfully represented hundreds of death row inmates. Much of mr. Stevensons work has revolved around the intersection between disability rights, Racial Justice<\/a> and criminal justice. He is an uncompromising advocate for disabled people. Over his career, he has been presented dozens of people with psychiatric or develop mental disabilities who are incarcerated in prisons or jail. In 2019, mr. Stevenson successfully stopped 2019, he stopped the execution of a man with the mention, by appealing the case all the way to the United States<\/a> Supreme Court<\/a>. That case was one of several Supreme Court<\/a> he serves as a professor of crawl justice at a law school. We are so grateful for the work he does to honor the americans with disabilities act and his decades with work and service of building on west and equitable nation. Please join me in welcoming mr. Stevenson. [applause] thank you. I am so honored to be here and so grateful for that very kind introduction. I am so excited to hear about the work of the department and all of the Amazing Things<\/a> that are taking place in this institution. I also want to start by talking about the incredible work that is needed. That this institution has been behind to advance and protect the rule of law. When a democracy starts to tolerate lawlessness, all of these rights get marginalized. We cannot protect any group if we do not make fundamental commitments to reinforcing the rule of law, to standing up for the rule of law. Why rights matter, why lot matters. I had my education at a colored school not that far from here. In my community, black children were not allowed to attend look schools. There were no Public Schools<\/a> there were no high schools when my dad was in high school. Not because they were not smart or hardworking, but because there were no black schools for high school children. In brown versus board of education, there was a right that was created. Lawyers came into archimedes and made the vote for Public Schools<\/a>. If you had a vote, people of color would have lost that vote. It took the rule of law, it took lawyers coming into the community to open up those doors. Because they open those doors, i got to go to high school, i got to go to college, law school. I would not be here if there were not a community of people in this country there were committed to enforcing the rule of law, standing up for the rule of law. That is why it is essential that we understand what the law requires. I was a firstgeneration college student. I thought i was prepared but because my parents never went to college, i was not as socially prepared. There was anguish. I was so excited that during my freshman year every time i saw someone i did not know, i would run up to them and say, high, my name is ryan and i love college. When dayo was in the cafeteria and i got on the cafeteria, hey my name was brian and i love college and i think the rest of the year i ate alone a lot. [laughter] someone tell me, you know no one is going to paid to flossie going to pay you to philosophize after. I did not think about that. I thought you had to know a lot about political, history or science to study that. That is how i found my way to law school. Because apparently, you dont need to know anything to go to law school. [laughter] i signed up for that and found myself in a classroom at harvard law. That is when i discovered there is power in communities. Power in communities where there is a commitment to law. We have to protect the rule of law. We cannot talk about the anniversary of the americans with disabilities act without the context of the struggle to enforce law. That commitment that was made so long ago is necessary. There are broad of a in our society who will suffer disproportionately. There will be marginalized, excluded. People with disabilities have been in that space for a very long time. We passed this act because we knew it was being unfair. Nondemocratic in the ways we allowed structures and systems to operate with no intention to acknowledge the needs of people with disabilities. That is why we celebrate this law and enforce this law. Something else happened at the same time we passed the americans with abilities act. Americans with disabilities act. For most of the 20th century, the president population was largely stable. This is until the 1970s. We allowed ourselves to be governed by the politics of fear and anger. That does not do anything to change our relationship to punishment and incarceration. We are politicians who are arguing that those who are drug addicted and dependent are criminals and should be public punished for the addiction we know that the booze up from addiction and dependency need a health care intervention. There are Behavioral Health<\/a> problems that need to be responded to. Because we did them a our prisons began to. Because we did not, our prisons began to fill up. We have the highest incarceration rate in the world. When people try to get jobs, loans, benefits, they are disadvantaged because of that record. The percentage of womens going to prison is up 800 . Many are Single Parents<\/a> with minor children which means it has been passed on by generations. When in three mac one in three black male babies expected to go to prison, one in six for latinos. We did not respond to that like we did the pandemic, and i think we needed to. It is a crisis event that has been compounding for help nearly for people with disabilities. Among the largest per prison population. No communities that have been more severely impacted than people with disabilities. Our prisons are filled with people with Behavioral Health<\/a> disabilities. It is an urgent and necessary issue to take on. I think we can celebrate much that has been gained. There is tremendous work that needs to happen on this argument. Some of this is not structural, it is systemic. I believe until advocate start to address these structural problems much of that area when people of all Political Parties<\/a> were pushing for punishment, we began painting our laws and it became very fashionable to have mandatory seven think. Today, we have hundreds of laws that dictate that when someone is convicted of a crime, the judge has no discretion to offer that sentence. Mandatory sentencing has become a norm into many prisons in society. I think it is a sick structure a huge challenge to the rights of people with disabilities. There is nothing that more dramatically displays the disconnect then mandatory sentencing. We protect the rights of people in the private sector and Public Sector<\/a> for not no criminal cool not in the criminal legal system. Rather than accommodate, we punish. I think it is unusual and in the private and public, not in the sector, i think it is cruel to punish people for disabilities. It is happening and we need to begin to understand what is being constructed. Patients all the time. Chief Justice Clark<\/a> many that happen every pound. The tragedy that are related through any, they dont get the appointment they deserve. I think it is important that we believe community the do not address the challenges. With abilities. The think and we are creating this new era at the same time we are creating this new era, there are children with disabilities, dealing with trauma, abuse, demonized for their or their disability period demonized for their disability. They live in households that are violence, neighborhood violent. Constantly hearing gunshots, going to funerals. Boeing is always shouting. No one is intervening to help these children. Many of these children have a trauma disorder. You can see the changes in their brain. It is similar to those in combat duty. It helps us manage threat. If we are healthy, we get back to normal in a little bit of time. People who are constantly challenged, it creates a lasting disability. You have to create environments that are responsive and help people feel safe. We are not doing that for thousands of kids in the country. Instead of having a trauma informed response, we aggravate their condition, triggering more of that challenge. If you dont do this, dont do that, we are going to suspend you, expel you. Teachers are wardens. We have superintendents who are acting like correctional officials. They are pushed and pulled, these children, and their disabilities are ignored. For the first time in their life, they might have three hours where they dont bill that same menace. People in a gang will say, join us because we know what you are going through. And for that, we punish them even more. It is a challenge i believe needs to be addressed. We cannot address if we do not fundamentally understand the nature of disability, the nature of this problem. I see it all the time. I represent a lot of children who have been victims of the ignorance of what were are doing with these kids. I worked with a 13yearold boy whose mother would often be the target of a lot of domestic violence. When he would start to drink, he would get violent. He did not say anything one night, called his mother to the children, went up called his mother to the kitchen, went up to her and punched her in the face. He tried to revive his mom, stop the bleeding after 10 minutes she was not responsive and this little boy thought his mom was dead. He did not know what to do. He went to the bedroom to call the police or an ambulance. When he got there, he remembered that this man, her mothers boyfriend kept a handgun. He pulled the gun out of the dresser and he walked over to where the man was sleeping and he stood there and held the gun. The man had fallen asleep and was snoring. After a few minutes, the man stop snoring and jumped, the boy jumped, pulled the trigger and ended up shooting that man. This boy was very small for his age. He was under 100 pounds, shorter than 50 tall. He had never been in trouble before. He was a decent stoop. He had the kind of profile you might have been trial is a now but the man he shot was a deputy sheriff. Because that man was a deputy sheriff, the prosecutor insisted that this child be testified as an adult. Was immediately placed in the adult jail. He was there for three days and i was struck by how terrified he looked when he was into the presentation room. I would ask them questions and he would not say anything. Finally i said, i cannot help you if you do not talk to me and this little boy would not say anything. I got up, i walked around the table, i pulled out my chair and he said you have to talk to me. The little boy it was just staring straight at the wall and i could not figure out what to do. At some point, i just leaned on him. I dont even know why, when i leaned on him, he leaned back. When he leaned on me, i put my arm around him, and when i put my arm around him, he started to cry. It didnt talk to me about what happened to his mom or the man, he talked to me about what happened in jail. He had been assaulted people, sexually assaulted. He said by the time he got there, so me people had hurt him that he could not even remember how many. I held that boy while he cried hysterically for almost an hour. There is assault, violence, victimization and we are not responding in the way we have to. I told the little boy, i will get you out of there and i told him, you stay right here. He grabbed my arm and he said, please do not go. I told him ok. The question in my mind was always, who is responsible for this . And we are. People who are dealing with trauma are included in the community. People who are engaged in behaviors that we do not like. That has to change. I think all children are children. I think we do not show our commitment to children by how well we treat talented kids and privileged kids, it has to be by how we treat poor kids, abilities, those who are struggling. This narrative has to shift. One of the great narratives i think about is the multiple ways in which so many have been left out. Unprotected. I am grateful to the Justice Department<\/a> for the work they are doing in holding the Police Department<\/a> accountable, holding jails and prisons accountable. We need to do a lot more. Jails, prisons, Law Enforcement<\/a> have a particular role in making sure we create a new chapter in our nations history in regards with protecting those with disabilities. We will not get there until we understand more fundamentally the nature of the problem. I worked with a lot of people who were struggling. I see it all the time. Sometimes i work on very extreme Death Penalty<\/a> cases. I had a case a few weeks back of a guy who had been sentenced to death. I knew it was a very tragic, unexplained crime. No one had done any work. The thing about this visit, i was in alabama, i parked my car in the parking lot. In my part of the region, i often see things that provoke me. We have been doing a lot of work on racial inequality and injustice. I will be honest, i think we have not done what we need to do to reckon with our history of racial inequality. We need to respond to the burden that we all inherit. You live in a space where our history of Racial Injustice<\/a> has created these contaminants and they are everywhere. Some argue at some point they will dissipate but i dont agree, i think we have to do work to change the environment. We have created a landscape that not only contributes to this problem of our history of racial equality but celebrates this. It bothers me. It challenges me. When you go to germany, berlin, it is striking to me to see that the way people reckon with the holocaust. You cannot go hundred feet without seeing markers, the Holocaust Center<\/a> is at the the Holocaust Memorial<\/a> is at the center. When i was in berlin, i learned there are no adolf hitler statues, there are no monuments and memorials to the perpetrators of the holocaust. When i see in germany you are required to study and learn about the holocaust, it is mandatory. In germany, people are not saying, we cannot teach people about the holocaust because it might make people uncomfortable or ashamed. I noticed a lot of bumper stickers on a truck. It was so uncommon. I was just looking at it. They had confederate flags. And then i saw a sticker that said if i had known it would be like this, i would have my own cotton. I had never seen that. I went to the guard and told him i was a lawyer, and they said you are not lawyer, where is your bar card . I never had to show my card. He said im not laying in until you show me your card. Letting you in until you so meet your card. And then i showed him my card and he would not let me in without a strip search. And i made that decision to make that humiliating trip to his bathroom. And then he made me sign a book period of time to get away from him. And he said did you see that truck out there. That is my truck finally a young man came out and no one had told me anything about his health. The first thing the young man said was did you bring me a chocolate milkshake and i thought this is the strangest day. And i said, no, i am your lawyer i started asking him some questions and it became clear to me it was someone severely disabled by a lifetime of behavioral problems. He had been in 20 foster homes by the time he was 12 years old. Diagnosed with all kinds of challenges but no one responded. By the time he was 14 years old, he started using illegal drugs, crack cocaine. At 15 he had become psychotic, 16, schizophrenia diagnosed. By, living on the street in a very vulnerable situation. In a psychotic episode, he thought he saw a demon approaching him and he stabbed that person and killed him. Ended up being charged with capital murder. I read the transcript, you could not find the world disability, Behavioral Health<\/a>, Mental Illness<\/a>, anywhere. One of our great challenges is that we often have spaces in this country that treat you better if you are rich and guilty than if you are poor and innocent. That leaves people with disabilities even more vulnerable. We got team of people who could help do investigation. We found people who could help document his challenges. When it was time to go to court, i felt great about the evidence. We had Behavioral Health<\/a> experts talking about the challenges. After three days, i start to feel hopeful about what we might achieve for this young man. That guard was the guard that brought him from the present to the courthouse. He just stared at me and i said, im not going to let him distract me period i decide to go to the prison to see this client again. I drove to the prison and i thought that truck again. I had one of those moments that said, maybe i will come again. I did not want to deal with that guy. And then i remember that song, dont let anybody turn you around, turn you around. I just cannot do that. I wanted to do with it. He was there. When i got there i said come here is my bar card and he immediately sent, you need to show me the card. I said, thank you. I said, i would like to see my client i will sign the book and he said i have already signed you in. I have got you ready, come on in. It was unnerving. I did not know what he was up to. I knew something was about to happen. We got to the door and he pulled the key out any try to unlock it but his hand started shaking. His hands were shaking so badly he could not get the key in the lock. His face turned red and he finally unlocked the door. And he said, i need to Say Something<\/a> to you. And i said ok. He said, i just want to tell you about your client. I have noticed some and myself. I struggled a lot in my life. During the course of that, i realized you are doing a good thing. He said, i am glad youre here because i want to tell you youre doing a good thing. Would it be all right if i just shake your hand . And i said thank you, that means a lot to me. I was about to walk past him and he got my arm and said i have to tell you something. He said, on the way back on the ground the prison i did something. I said, what did you do . You know how your client is always asking for a chocolate milkshake . I went to wendys and bought him a chocolate milkshake. Dont tell you that because i think it is grand or important, i tell you that because we are talking about being fundamentally unjust, it represents an absence of compassion and decency. Much of what i believe has to fuel our work in the space has to be a greater commitment to compassion, to respecting human dignity, to lifting up those voices and the rights of people who are in need. I stand against the Death Penalty<\/a>, i think it is always wrong. I think the question of Capital Punishment<\/a> is not whether people deserve to die, it is whether we deserve to kill only have a system so flawed, so undermined by all these forces. Beyond that, i think it is incompatible given the high level of people with disabilities in that community to condemn and killed somebody because of it. I believe in accountability. I do. I think it is the way we evolve. But i do not think we can enforce and embrace this act and him and apply it until we increase our compassion. Increase the understanding that is necessary to do this work. The last component of what i want to share is that we cannot do this work without partnerships with people with disabilities. It is the community of people with disabilities that we need to understand how it works. Without hearing their stories, we will make mistakes, misjudge things. That is why it is so essential that we create platforms and avenues that allow these conversations. I am constantly learning from my client. Some people may not be able to come to you and articulate the things that they dont understand. When we do that, we learn things. Not only our capacity to be compassionate but just. A talk in a church, this man who was disabled came to the church. I was impressed by him, because he seemed powerful. Those nothing about him that suggested wanted power. He was staring at me and i cannot figure out why looked at me so angry. As beginning my talk and it was a little unnerving. I got through my talk and people came up after them are very nice. Except that older man in the wheelchair. After everyone walked away he wills himself to the front and he came up to me and he said, do you know what you are doing . And i just stood there and he said it again. I mumbled something and he said it again. And he said, im going to tell you what you are doing. He said, you are beating the drum for justice and you keep getting the drum for justice. I was so honored. I did not know what he was about to say. [laughter] and then he got my arm and he said look at the star, i got the star in 19 63 trying to help register black people to vote. I got this in 1964, trying to register black people to vote. This i got in birmingham, alabama, 1965. He said, im going to tell you something. People look at me and see a person with a disability, some old man in a wheelchair covered with cuts and bruises and scars. These are not my cuts, not my bruises, not my scars. He said these are my medals of honor. We need to be handing out medals of honor to other people in this country that are pushing to make the americans with disabilities act, not just words but a right, a dignity for millions of people who have been excluded. I am thrilled that the Justice Department<\/a> is committed to leaning on this, to helping this and im honored to have this opportunity to share it with you today. Thank you very much. [applause] thank you, mr. Stevenson or your insightful remarks. I appreciate the point you made about ensuring our approach with this work is very much informed and driven by the lives and experiences of people with disabilities. Can we center those expenses as we think about this work. Today, emmett till would have turned 82 years old if he was not tragically lynched. I know a lot of your work cracks work connects to present day to the past. You do a lot to ensure we are constantly reckoning with our history of slavery and jim crow. I was wondering if you could talk about how bad shape the very issues that we are focused on today. Thank you that question and think you are talking about the nature of trauma. I dont think we have reckoned with that in the way that we need to. I think we are so burdened by this history of racial inequality and i think it still is like an infection. We do not apply those concepts to Indigenous People<\/a> who were subjected to famine and disease, death. Millions died by the end of the 1800s. It, the population had been decreased. As because we are not respecting their dignity, their rights. That created this narrative of racial difference that became an infection that we spread. I dont think the greatest people was involuntary servitude, the greatest was the narrative of racial differences we created to justify enslavement. Enslavers to not want to feel immoral, unjust, unchristian. They made up a narrative that black people were not as good as black people, less capable, less worthy, less deserving. Our 14th and 15th amendment were not enforced for 100 years because we are more committed to this narrative of racial difference. For a century, black people or pulled out of theres homes, be in, drowned, lynched, sometimes on the Courthouse Lawn<\/a> and sometimes the court did nothing, Law Enforcement<\/a> did nothing. It led to tragic injury on africanamericans in this country. They left land that they owned, opportunities to create wealth for their family. We have a wealth gap in america but we have not talked about how that is rooted in a history of flawless this and terrorism that forced millions to flee. We did not go to these committees as immigrants looking for these opportunities. They went as refugees and exiles from tara. With that came this presumption. That is what comes gaetz the lives of his abilities of people with color. Whatever challenges that are experienced that have been addressed. There is another presumption of dangerousness and guilt. It is why that is so fraught. The presumption of dangerousness and guilt is still with us. We still have that presumption, that narrative follows off ive seen up close. You cannot educate yourself away from presumption. You can be a department of justice lawyer, advocate, psychologist, but if you are black or brown, you will go to places in this country where you have to navigate the presumptions. When you get older and you have to constantly navigate, it is exhausting. That is why we have a particular need to see the relationship between our work and protecting folks with disabilities, deconstructing this racial inequality that is all around us. I stood up i said, i do not introduce myself, i am the lawyer. The judge started laughing. The prosecutor started laughing, and i made myself laugh, because i did not want to disadvantage my client. I remember sitting in my car thinking, here am a middleaged black man in my best suit, arguing the case that we are talking about, and i am still required to laugh at my own humiliation to do justice for my client. That is why i do think are reckoning has to be integrated. Otherwise, we will leave behind some of the most vulnerable and marginalized areas of the community. I think it is an opportune moment to recognize that the ada is one of our most important laws are backed by congress. The same time, we have not figured out how to break this ground. In a correctional setting. As folks listen to you and think about what have they of learned and heard, what advice do you have for them. What advice do you have for them . We have to be intentional about understanding the needs for people with disabilities. People are in situations where they are made vulnerable by Law Enforcement<\/a>. That means was happening in our jails and prisons. Most places are not providing services and care. People are coming out more compromised, burnable, traumatized and when they went in. I think that has to become a higher priority. I think we have to be more intentional only think about passion. I think it is unjust only do not do the things that we to do to understand and identify people with disabilities. We have to become more sensitive. More sensitive to the laws of fear and anger. We say, we dont care they are dealing with this, we are just mad and angry period people exploit that. I think that that is an injustice of oppression. Go anywhere in the world of people who are mistreating them and they will give you a narrative of fear and anger. I think it is important to step back and think about who will be disadvantaged by this. Will be oppressed by this, silent stood by this silenced by this . At the top are people with disabilities. Finally, i think our relationship with people with disabilities is the most thing we can do. We hear things we would not otherwise hear. We see things we would not otherwise see. That knowledge creates a foundation that creates a community that allows us to move forward in a way that is much more informed. I have learned so much for people i work with and i have been inspired. It makes my work more satisfying and gratifying to know that i am in a community with people whose rights and needs are critical to creating the democracy that i want to live in. I think the issues that we are talking about today really lend themselves to coalition building. I talked to Law Enforcement<\/a> leaders and sheriffs a lot who complain about the fact that our jails and prisons have become places where we detain, hide and segregate people with disabilities. There are no Services Available<\/a> for people with disabilities. They reject the idea that jails and prisons are appropriate places to house people with disabilities. Lets talk a little bit about the work we can do to build those coalitions and build consensus around issues that in 2023, you would have expected we would have made far more progress on in our society. I tell a story about the correctional officer because i dont think that everybody in this space in the spaces are just hostile. That person had hostility but it just had not been addressed. I think most people want to know what to do and want to help people. We think of Law Enforcement<\/a>, but if you put somebody in a situation where they do not know how to help in their coping and Management Strategy<\/a> will actually have will actually aggravate, no one will leave that situation satisfied. I think it is important to shift that paradigm. If we can keep Police Officer<\/a>s out of situations they are not available to deal with, not only will it be better but the departments will do better as well. In my conversations, they do not know how to manage people who are dealing with echo psychoses, schizophrenia. You cannot just drug people to the point there are not functional. That is not a healthy approach. We have to begin building a new infrastructure that is responsive to the needs of people in these situations. I think we could make enormous progress. That is why so much can be transformative in these communities. These reforms, as you know, would not only reduce their outcomes but would help to promote public safety, result in better policing. I mentioned the emf system, when someone has a heart attack, you are not getting an officer, you get medical services, Emergency Medical Services<\/a>. I think there is an opportunity in the road ahead to reimagine how we respond to people who are experiencing behavioral, mental, Emotional Health<\/a> crises. As we wrap up this discussion, i wonder if you could lay out some strategies that you think will help pell these issues forward. I want to make sure that those participating here can leave with tools and strategies needed to fuel advocacy efforts in their own community. Beginning with the just a shift towards health. I want Committee Members<\/a> to feel safe. I hate crime. There is nothing about crime i want to see anywhere. I am against all of that violence. Police violence, domestic violence, sexual violence. To get there, we have to shift and begin to explore the infrastructure of Health Services<\/a> in this country. If we ask more questions about why, wisest young man parked in this lot and not responding . Why is this person dressed like that in the situation. Instead of presuming that they are bad and the, into think that there is a Health Problem<\/a> here and we need to respond in that way. I think that is true broadly. I think that is true for children, i think it is true for those who are otherwise underrepresented. As we learn more, we do more, we respond better. There was a time when people bought certain behaviors were just indicators of a bad personality. Then we began to understand what was underlying that. I think a shift in health focus is really important. I think we need to spend more time with people in jails and prisons. As much as this department is doing, it is still a forgotten landscape. Their chimney people in custody, many, the majority, have disorders that have been unrecognized. You cannot do sunning about disabilities and not be very very engaged in that space. Private attorneys cannot enforce the act, only the department has the authority. That means that even today, there are still thousands of people in jails that are still in risk. When people call up and say they cannot get the resources they need, the lives shifted so far away from prisons rights in allowing people and prisons to protect themselves, i think the rest of us need to know that got. That is a Critical Role<\/a> for every one of us to begin to elevate this issue as a topic that we talk about and address with our elected officials. Lastly, i think learning is an action item. You have to learn more about the landscape of issues that impact people with disabilities. Just like we have to learn more about our history of racial inequality. Most people did not get the education actually needed to confront this. That would be my prescription. I think have to be more proactive. We have to make the fundamental shift of asking questions about what the Health Analysis<\/a> is, what is the why . And then we have to educate ourselves. It is something we do. It is an action item. It will make us better advocates. My final question to you. The memorial that you have erected in montgomery has done an amazing job telling the story about slavery and the legacy of jim crow. Telling the american story. From the experience that you have had, the successful experience that you have had, any strategies you want to share with the participants, how we can similarly lift up the stories of people with disabilities and really shape the public narrative in a different kind of way. I like that even within the community, there is a new team. That is that people with disabilities have done extraordinary things. We should be able to exhibit pride about the things that people have accomplished. We should be able to honor and celebrate that. Ultimately, i believe that sometimes we make the same mistakes when we are talking about people with disabilities that we make in other contexts. When i talk broadly about my work representing people on death row and imprisoned, but each of us is often more than the worst thing we have done. When someone takes something, they are not just a defend you cannot just base you cannot just judge someone based on one act. I think it reflects that people with disabilities are more than just a disability, more than just some challenge or thing. We do not understand the other things, we do not understand their humanity, dignity, need, right to be seen as a person, all of the things that we want. I do think that is part of a struggle we are pushing in the Africanamerican Community<\/a> to recognize. I think it will be true for people with disabilities. There is so much beauty, knowledge, wisdom. I tell that story because he understands things about struggle, some things i need to learn. Within the community, theres so much we can learn, understand, gain insight from if we place ourselves in a position to learn and hear. It has to be lifted up. That is an important part of what we are fronting. We are in a narrative struggle and if we do not have a narrative strategy to help people understand what is behind the rights, the advocacy, people get polarized and do things that revert back to fear and anger period that is why i really do think it is important that on days like today, would begin to think through the narratives. It is time to end the criminal eyes asian of people in this country. Please join me in extending a warm round of applause to mr. Brian evenson. [applause] stevenson. [applause] we will now move into a Panel Discussion<\/a> featuring a group of wonderful experts moderated by rebecca, chief of civil rights disability section. I will turn the floor over to rebecca, who will introduce the panel. You so much. Thank you so much. [inaudible conversations] can you hear me now . Can you hear me . Good afternoon. My name is rebecca. With this panel, we are really hoping to further discuss some of the concepts, practices and challenges that Brian Stevenson<\/a> explored. We really have some tremendous Experts Joining<\/a> us. It is really an honor to be on the panel with the three of you. First, we have estella richmond. More than 40 years within disability and social Service System<\/a> and has been a lifelong advocate for people with abilities. She serves as a secretary of the department of welfare 20032009. Overseeing the administration of medicaid, Mental Health<\/a> and Substance Abuse<\/a> services, Child Welfare<\/a> and longtime programs. She used her position to close state institutions, rate a system of care for people on the autism spectrum and designed benefits for those specifically with Mental Health<\/a>. She has held key positions at hud and philadelphia government. She works as the director of the Coalition Save<\/a> lives and is Senior Advisor<\/a> to the philadelphia managing director undone violence program. Next, helen skipper. Skip was born and raised in queens. From a young age, multiple encounters with Law Enforcement<\/a>. Many of which were Mental Health<\/a> related. She was first incarcerated at the age of 17 after which she alternated between release and reincarnation for over two decades. She describes herself as have having experienced every system in new york. Homeless services, shelter services, drug programs. In 2007, after another release from prison, then she was determined to not return. She became involved in an alternate Incarceration Program<\/a> where she learned how to grapple with her underlying issues such as mental Substance Abuse<\/a> disorder. And since then, she has been an advocate for the criminal Justice Program<\/a> and advocate for those incarcerated who are disabled. She serves as the executive director at the justice tier initiative. Last, not least, we are joined by reagan rush, a deputy chief of the section. She focuses on those involving title ii of the american disabilities act and public entities accommodating people with disabilities. She has previously worked at a nonprofit representing individuals with Mental Illness<\/a>es in cases involving civil commitment offenses, access to services, fair housing and public for. Clean please join me in welcoming our panelists today. [applause] rebecca estella, i want to start the discussion with you. Your insights will build on the earlier presentations we heard. He spent many years working to ensure people with Disabilities Receive Services<\/a> in the community and avoid unnecessary institutionalization. In recent years we have seen Community Integration<\/a> efforts include a focus on keeping people with disabilities out of the criminal Justice System<\/a>. Both mr. Stevenson and ag clark talked about how key it is to have services that keep folks with this those out of the criminal Justice System<\/a>. Can you share your thoughts on the relationship between our disability Service System<\/a> and criminal justice involvement of people with disabilities . Estella yes. First, thank you for being here today and having an opportunity to comment. It is such a delight to be on the same stage as someone like Bryan Stevenson<\/a> because hes done so much to bring to light the plight of not only people of color, but how damaging our current criminal Justice System<\/a> is. Ive been involved in helping people with disabilities get out of institutions. When i talked institutions, im talking everything from people who have been in state mental hospitals, state mental retardation centers, people have been in nursing facilities and people who have been in jail. They are all institutions and if you have spent any time in one of these institutions, we know well now that other people begin to survive, live and grow when they are not in institutions. Institutions dont provide opportunities for people to live grow and to change. Our goal needs to be, and i think has been in many ways over the last 33 years, is to deinsti tutionalize. Unfortunately, with ada we as partner we really have learned some of those lessons. We just havent moved fast enough. We havent moved intentionally enough to prevent the harm. While we have lots of communitybased programs and i do think we go up and down and in how readily available they are and how many of those needs we meet. We have suddenly ran into what i also call the perfect storm. We now have some of our most vulnerable people, people with disability, people of color because they have never done well in any of our systems, and we now have put in place the police. We have welldocumented evidence that police often have both conscious and unconscious bias with people of color which means when they see someone, they often miss guess how old or large the person is. They instantly assume that a black person or person of color is dangerous. They assume that their intent is not good. They make an assumption about people of color that starts in head often. And its not just a vibe. You add to that a person with a disability and we now have someone who doesnt ever have a Playing Field<\/a> when they are trying to get service. Our services have not been designed to fight with the police. At this point in time we need to rescue our people of color from police when they come in contact because the outcome isnt good. We recently in philadelphia had a young man whod been very active with his Mental Health<\/a> providers in the system. His family knew that, but in a moment of crisis, when he had gone outside with a knife undressed, so he had nothing hidden, he had a knife on, nothing else. Police were called to take him to the Mental Health<\/a> center and within minutes they had shot him. He represented absolutely no danger to anyone, except himself. Yet we have a system that instantly assumed he was dangerous, that he was dangerous to everyone else and hes not with us. That the system that we are fighting every day. In one of my positions in the city before i went to the state, the mayor asked me to be the director of social services, which i thought ok, this is bringing together Child Welfare<\/a>, health, Behavioral Health<\/a>, homeless systems. Sounded like a good idea. Sounded like a good way to integrate programs. Then he also said im going to give you prisons. I said, im with the police and Justice System<\/a>. He said, im giving hugh prison because it is the failure of your system and why people end up in the prison system. I thought about that and i said you know, hes right. When the behavior system, the health system, the homeless system, when those systems fail. When those systems cant provide the services that wrap people around him who protect them, make sure theres housing, make sure there are meaningful things for people to do. To educate the folks around them. When those systems fail, people end up in jail. So, therefore, the systems need to come together to figure out how we stop that. Rebecca thats a good followup question i have for you. How do governments avoid relying on Law Enforcement<\/a> response to respond to people with disabilities when a different response would be the right response . How do we keep Law Enforcement<\/a> out of that . Estella the good news is we know what programs work. We have known programs worked for years. The bad news is we do make decisions not to put them in place, not to fund them. Not to support them, not to make them a priority. The programs that we need i think we know that mobile crisis teams work. We know that if we fund them, make sure they are available 24 hours a day, that if they are available on demand they can make a difference. We know that if we can embed at least one crisis person anytime a Police Officer<\/a> is called out to a situation and help discriminate with those 911 workers and the 988 workers, when they need to send the police and when they dont, we can make a difference. We know that housing works, supportive housing, not institutional housing. We know that peer support, credible messengers work. We have to intentionally make sure they are available spirit thank you for that. Rebecca i would like to turn next to you, skip. We heard earlier about the importance of hearing from folks with lived experience. We have talked in the introduction how you had numerous encounters with police relative Mental Health<\/a> issues. Can you share some of your experiences with us . Yes, thank you. First of all i would like to thank everybody for inviting into this prestigious event. I would also like to take, to thank mr. Bryan stevenson for talking about something that i started to call the other, as a criminologist and as a researcher. I have realized that the United States<\/a> has long fostered the concept of otherness here it started with the indigenous population. It continued on speed ahead with slavery of africanamerican people and has continued since then. We are part of the other when we have physical or medical disabilities. Behavioral health is a medical disability. I wouldve never been in touch with the criminal Justice System<\/a> if i did not suffer from an unchecked Mental Illness<\/a> which i tried to medicate myself with illegal substances. It is during those occasions when i am in crisis, yet the crisis is not seen. Weve already discussed about how the Police Department<\/a> are not educating. They are not appear they should not be the first line of defense in any type of crisis that does not involve a safety issue. So yes, theres been times and ive been going down the yellow line for those you dont know the other line is a middle of the street, suffering from crisis, instead criminalize im arrested and only after a search to find me entering any Drug Paraphernalia<\/a> or anything like that. But the Behavioral Health<\/a> diagnosis is never, never put into play. Ive always been arrested for ive always been thrown up under the jail. I know you spoke of two decades of going back and forth in the system you are entirely right. I first got arrested when i was 17 and not and i going a National Webinar<\/a> come i know i look like a day over 18 but actually im not there i will be 57 next month so when i started this at 70 and i came home from the last time in my early 40s, every time i was arrested i was put up under the jail. I grew up in Rikers Island<\/a> and dont get me started with happening on Rikers Island<\/a>. I lived through all of that. I was never afforded treatment there i was never afforded support. It was, so if youre going on the yellow line, there is the aspect of dangerousness but who am i a danger to . Myself, the motors to my kidney . Or the public . But because im dealing with that otherness because im not like the normative, i dont look like people. I dont talk like people appear on always criminalize and always go to jail. Lets talk about even being in jail. The under support, new services i committed jail homeless. Addicted to drugs suffered from an unchecked Mental Illness<\/a>. I check out the same with your own if i go to another system im still the same way. I leave out of that system still the same week i released back to the streets of new york still the same way. Sooner or later ive got up in the criminal Justice System<\/a> again. You talked about how Law Enforcement<\/a> should not be the first line of defense to people experiencing Mental Health<\/a> crisis. You founded an organization that provides Peer Support Services<\/a>. Can you explain what the services are and why it may be particularly helpful to have Peer Support Services<\/a> as part of mobile Crisis Response<\/a> teams . Thank you. Yes, i will. Try to be a sissy as possible because i do talk about her i just jotted down a few words. Yall forgive me because y i speak from passion for the hartford veteran ficus transforming service delivery. We train those with lived experiences who are the subject Matter Experts<\/a> in the room. Thereby creating a directly impacted workforce. Will also assist in decriminalization of Behavioral Health<\/a> by training is impacted by Mental Health<\/a> and Substance Use<\/a> disorder who possess a valid lived experiences of the criminal Justice System<\/a> impacts as justice appears. Its an evidencebased practice that is done Great Results<\/a> in Behavioral Health<\/a> also in the medical field. We assist those who are impacted. We assist them with support, we mentor the person with Behavioral Health<\/a> issues on all levels of the sequential model the sequential intercept model was delineated by sampson as touch point for some with Behavioral Health<\/a> impacts can be intercepted by the criminal Justice System<\/a> this system starts in the community that moves through the police courts, individual incarceration on diversion up to and including reentry or reentry with committee supervision for so basically we get people like myself, a certified Substance Abuse<\/a> and Mental Health<\/a> peer who also has lived experience with the criminal Justice System<\/a> and repair them with people who are beginning in the system. This helps with recidivism. This helps with management of Behavioral Health<\/a> symptoms. This helps with workforce development. Help with generating economic welfare those of us were directly impacted by the criminal Justice System<\/a>, we have a hard time finding housing, a hard time finding employment. We have a hard time creating anything that looks like generational wealth. Lets out onto the fact most of us are black and brown which means we are far behind the eight ball to begin with. Its one thing that Justice Peer Initiative<\/a> is doing. You looking at all of that and we entered we transforming. The criminal Justice System<\/a> has come so far there is no reform. We need to tear it down. We need to transform it. Thank you for that reagan, i want to turn to you as we hear today celebrating the 33rd anniversary of the ada. Both the attorney general and ag clark referenced the work the Civil Rights Division<\/a> has done, use the ada to address the attraction with folks with disabilities and the criminal Justice System<\/a>. Your section has been doing work in this area. Can you talk to us about how the disability rights laws apply in this area . Absolutely, and its also a pleasure to be here today and to look out to see so many people who are doing this work the unit that outer expert in the field and, frankly, its a little intimidating to be up here with you all in the audience but i will try my best. Its an exciting time to be in the Civil Rights Division<\/a> pick were doing a lot of work in this area and try to get at this from two primary angles. First is ensuring that quality and sufficient Community Services<\/a> to prevent the criminal justice involvement in the first place through olmsted work. As others have talked about really the root causes and the success in the criminal justice and injustice interaction get to that lack of Quality Committee<\/a> service we talked about that ability effective and proven to help people with disabilities live the lives of their choosing in their own communities. S apartment supported housing, supported employment, Mental Health<\/a> Services Come<\/a> here support services, Crisis Services<\/a>. And, of course, under the americans with disability act and the Supreme Court<\/a> decision in olmsted state and local governments have an affirmative obligation to provide these services as alternatives to institutions Facility Based Services<\/a> like Psychiatric Hospital<\/a>s and nursing facility and adult care homes. These services are the same ones that prevent criminal justice involvement. As assistant attorney general clark talked about, our investigation and work in Alameda County<\/a> california without people with Behavioral Health<\/a> disabilities are repeatedly cycling through the county Psychiatric Hospital<\/a> and your prolonged stays and longerterm psychiatric facilities, we found that they are often incarcerated in the county jail where they had an adequate and unconstitutional Mental Health<\/a> care exacerbating those conditions. So the solutions there really are these communitybased services to prevent the cycle in the first place. And her olmsted settlement and court orders spanning over the past decade in places like georgia, North Carolina<\/a> and mississippi have been successful in expanding those medical services that support covering. Cited, were also look at cities Crisis Response<\/a> systems with the goal of diverting people with disabilities to alternative Behavioral Health<\/a> responses were appropriate. Weve talked about today in minneapolis and louisville we found officers of their, their primary responders even if thats not necessary and that many of those calls could be handled with Behavioral Health<\/a> professionals. In those cities, the end result is using police in this role as primary responders quite harmful including increased risk of avoidable arrest, incarceration, injury, trauma and even death. And under title ii of the ada this is an equitable. That deprives people with Behavioral Health<\/a> disabilities equal opportunity to benefit from the cities Crisis Response<\/a> system. We found both cities could address the discrimination through reasonable modifications, increasing availability of alternative Behavioral Health<\/a> response and ensuring 911 call centers dispatch appropriate response where possible. Thank you so much for that, regan. I want to shift gears for a moment. Weve been talking a lot about disability discrimination but as we talk to ag clarke and Bryan Stevenson<\/a> talked about a third element in there, and in each of you as your own perspective on how disability discrimination intersects with Racial Justice<\/a> issues in the criminal justice arena, so its like to take a bit of time to talk about that and hear from each of you. Can each give your perspective on the intersection of criminal justice disability discrimination and Racial Justice<\/a> . Estella, id like to start with you. What are your perspectives on this question without disability discrimination and Racial Justice<\/a> interacts in the criminal Justice System<\/a> . Again i think the challenge for us becomes underneath almost everything we deal is a Racial Injustice<\/a> peer the Playing Field<\/a> ive never been perfectly even for people of color. Whether its in the housing field, employment field. So you have an uneven playground for someone who has no disability peer so you all of the second house becomes a challenge, employment becomes a challenge. Every day living becomes more of a challenge because on top of that you have a huge amount of poverty and pure discrimination. And then you add in a Police System<\/a> that comes with its own biases. So people with disabilities dont really even have an honest chance most of the time to change the plight they are in. And intake advocates and they take the law to be there one way to break that barrier. I would tell you from the position i sit in that think that it made the most difference has been the building of people with lived experience into positions of not only leadership but in policy and in guidance. We have aired far too long on the side of you have to have advanced education and we have acknowledged it with lived experience. As we begin to understand the value, the heavy value of lived experience we can maybe begin to begin to see a more even Playing Field<\/a>. Right now were still at the very beginning of understanding the role of lived experience advocates, credible messengers and peer support. So i think i am an instant fan peer because he picked the hardest city working to begin to change our paradigm. Thats whats going to make it easier for people with disabilities, and a look at the field of Racial Justice<\/a>. That is a great segue, skip, to the next question i have for you. Can you share with us how disability and race have played a role in the experiences that youve had with Disability Services<\/a> systems and with Law Enforcement<\/a> . In order to do that i need to go back to the comment i made before about otherness even if we just piece off a part which is criminal justice impact, that fully puts me into the realm of otherness. Now, im impacted by the criminal Justice System<\/a> like yesterday before, i thought about house, a job. Im trying to keep myself situated in order to become a responsible citizen but im already considered by my society and my city as a secondclass citizen. And vent on top of that were going to add a little Behavioral Health<\/a> into the mix. I am so far away from what is considered normal, im so far away from the normative that theres really no way of me coming back. I would like to really put on, like we talked about lived experiences. We talked about people with lived experiences being part of policy. For so long we were not in debt because we didnt have the proper education and nobody really understood the value of lived experiences some going to put this on myself that im sitting here now as a double threat because i have the education. I am on my march to my phd dear i also have the lived experiences so im really kind of going back wondering what could happen next what are you going to throw at me next to, why i cant sit at the table its only up to those of us who sit up and speak up that we realize that we are not begging for a seat at the table anymo. I am the table picked did you come sit with me. [applause] and they dont say that facetiously. We have been asked out that we cant do this, we cant do that, we are not capable of this, we are not capable of that. But with my years of lived experiences, we are talking 25 years. I should be a double phd by find out there is anything about a phd . But yet yet im still goie educational aspect because i realized in order to be a changemaker, in order to create policy i need to speak the same rhetoric that the policymakers speak my lived experience does not give me that i can talk that really but indeed to speak collegially and that is also another thing that is kind of like the gatekeepers that keep us away from effecting change. If we lay down those, i dont know what we would call it, archaic policies and procedures that you cant do this unless you have a College Degree<\/a>, you cant do that unless you have x amount of years of schooling and realize most of us advocates of those of us who got boots on the ground that the author begging them drums, not all of us have a College Degree<\/a> but yet we are creating change. Like . Why are we creating change . Because this is our moment to create change because the powers to be, that be have the rates for so long and yall did nothing with it. Nothing. Step aside and let us come because we are creating change. We are doing yet. [applause] thank you. And on that topic of making change, can you talk about ways the division can work in this area to address Racial Justice<\/a> concerns as well as disability discrimination . Absolutely. Recently found in our investigations recently that race very much intersects with these issues. In minneapolis, in louisville those of both cities marred by stark racial inequality fueled by significant economic disparities, following along racial lines and enduring patterns of residential segregation. It was in that backdrop we found reason to believe that Police Practices<\/a> resulted in racially discriminatory policing against black people in areas such as stops, searches, arrests, prolonged detention and use of force here in minneapolis we saw a similar pattern of discrimination against native americans. For example, in minneapolis we reviewed an incident where a mother called 911 regarding her daughter, a black woman with Mental Illness<\/a> who was attempting to hurt herself. By the time the Police Arrived<\/a> she was walking calmly through a park. Nevertheless, please escalate the situation, put her in a neck restraint while her mom shouted for police to stop choking her daughter. The use of police to respond Behavioral Health<\/a> issues can cause, particularly for communities with high rates of prior negative Police Encounters<\/a> and complete a reluctance to engage in the treatment. Rigorous ada enforcement can help prevent this kind of harmful results that Impact Communities<\/a> of color. Thank you going to start with kind of a little bit of speed around of this session. Picking up on this concept of change, if you could change one thing to avoid people with disabilities being caught up in a criminal Justice System<\/a>, what is the top changes you would like . I would like each of you to answer that question and i think regan i will start with you. I think skip nailed it on the head when she talked about the otherness. I think we cant get at this until we address the underlying prejudice and stigma that exists that allows us to you as a society treat people with disabilities as other, as nonhuman, and without basic human respect and dignity. I think without, i think if we could change that we have a platform needed to go further and to realize the actual goals and intent of the ada. Estella i would like to give you the floor. This is always a tough one because you were trying you know there are about five things you want to do and you are saying one. I think if i had to choose one thing i would want to see someone with the political will to give control to people with lived experience. Sport and last but not least, skip. Im going to keep this to one think i agree with both of you ladies but but i definitelyo talk about trauma informed responses and supports. Im going to talk about how that creates a sense of safety. I cant tell you about how many times i had police over me and i lost, i lost my voice. I lost my choice. I lost my sense of safety and police are supposed to be there to protect me, but yet i was unsafe but if you look at trauma informed responses, and you start with that, start with proper education, proper training, realizing, i guess im going back to new york city here, the police are not the ones to decide on the fly when someone is suffering from Mental Illness<\/a> and needs to be involuntarily confined in a Mental Health<\/a> hospital, but we need more training, more, informed responses before any decision is made. I just want to thank each of you, estella, skip and break it for your willingness to take a seat at this table interfere with us your insights and thoughts. Happy ada anniversary everybody. Thank you. [applause] we would like to thank all of you for coming today. We hope this program will help to fuel your advocacy, inspire new ideas, forge new partnerships and galvanize the work that must be done and the criminalization of people with disabilities in our country. As the ada moves through its 30 something years that offers us new ways to think about old problems. The issues we have discussed today ive received attention if the National Discourse<\/a> but too often they are viewed only through a medical or treatment lands here it is high time that we understand them as true civil rights issues. The Civil Rights Division<\/a> at the Justice Department<\/a> has begun to do just that, and we will continue to use every tool available to us to address these problems. We hope that you will join us, and we thank you for joining us today. 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Cspan gives you a frontrow seat to how issues are debated, with no commentary, no interruption, and completely unfiltered. Cspan, your unfiltered view of government. Next, President Biden<\/a> gives remarks on holding insurance","publisher":{"@type":"Organization","name":"archive.org","logo":{"@type":"ImageObject","width":"800","height":"600","url":"\/\/ia802702.us.archive.org\/5\/items\/CSPAN_20230731_010100_Justice_Department_Discusses_Disability_Rights__Criminal_Justice_Sytem\/CSPAN_20230731_010100_Justice_Department_Discusses_Disability_Rights__Criminal_Justice_Sytem.thumbs\/CSPAN_20230731_010100_Justice_Department_Discusses_Disability_Rights__Criminal_Justice_Sytem_000001.jpg"}},"autauthor":{"@type":"Organization"},"author":{"sameAs":"archive.org","name":"archive.org"}}],"coverageEndTime":"20240707T12:35:10+00:00"}

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