Victimization and People With Disabilities: It’s Real TALKS Train-the-Trainer Discussion Guide

/in , , , , /by Pam Katz

People with disabilities are more likely than people without disabilities to be victims of mistreatment, abuse, neglect, and exploitation. The Victimization and People with Disabilities: It’s Real TALKS Train-The-Trainer Discussion Guide is for organizations to learn about victims with developmental and other disabilities who have experienced crimes of sexual assault, trafficking, financial exploitation, and Medicaid fraud; and solutions from professionals to help support survivors and to reduce victimization of people with disabilities.

#FreeBritney: Lessons for People With Intellectual and Developmental Disabilities and Their Families

/in , , , , , , , /by Pam Katz

Britney Spears’ public battle over her conservatorship is shining a light on some of the broader challenges that people with disabilities face under guardianship, which is a term some states use for that kind of court involvement. This webinar describes some of the issues being highlighted in the media from Ms. Spears’ case, how they might apply to people with IDD, and alternative approaches that individuals with IDD and their families might consider.

Webinar slides

Webinar transcript

Collaborate, Train, and Engage: Diverting People With Intellectual and Developmental Disabilities

/in , , , , /by Pam Katz

Hosted by The Council of State Governments (CSG) Justice Center and Bureau of Justice Assistance (BJA)

While local providers across the country are increasing their awareness of people with intellectual/developmental disabilities (IDD) in their criminal justice systems, they may encounter challenges when seeking appropriate diversion programming for this population. This webinar will discuss best practices that localities can implement to improve cross-system collaboration, family engagement, identification, and accessibility of services that meet the needs of people with IDD. Speakers will also describe how consistent evaluation of diversion outcomes assists with sustaining successful efforts and the creation of action plans to address gaps. Participants will hear from an author and person diagnosed with autism about his experience with the criminal justice system and how diversion could have been beneficial in his case.

Speakers:

Leigh Ann Davis, Director of Criminal Justice Initiatives, The Arc
Nick Dubin, Author/person with lived experience
Maria Fryer, Justice Systems and Mental Health Policy Advisor, Bureau of Justice Assistance, U.S. Department of Justice
Reginald “Reggie” Thomas, Criminal Justice & Disability Fellow, The Arc
Felicia Lopez Wright, Policy Analyst, Behavioral Health Division, the CSG Justice Center

Town Hall: The Arc’s Response to COVID-19 and Plans for the Future

/in , , , , , , , , , , /by Pam Katz

We are in the midst of a global health pandemic that is wreaking havoc on all of our lives and has been particularly devastating for people with intellectual and developmental disabilities (IDD) and their families. While we battle COVID-19, we must also plan for the future and the challenges ahead. In the wake of this health emergency and economic crisis, we need to organize and advocate more than ever before. The human rights of people with IDD and the supports and services they need to both live in and be valued members of their communities are at stake.

This Town Hall delves into The Arc’s response to the pandemic, the progress we’ve made, and the threats that remain. We also unveiled the new Strategic Framework for the Future of The Arc¸ a dynamic plan to build a more powerful, nationwide disability community movement.

View Town Hall Presentation Slides here.

View a transcript of the discussion here. 

Young v. Georgia

/in , , , /by Pam Katz

State: Georgia

Filed: October 5, 2020

Court: Supreme Court of Georgia

Overview: This amicus brief challenges Georgia’s “beyond a reasonable doubt” standard in determining intellectual disability in death penalty cases as creating a constitutionally unacceptable risk that defendants who have legitimate claims of intellectual disability will nonetheless be sentenced to death.

Excerpt: “Georgia was the first state in the Nation to establish a prohibition against executing individuals with ID thirteen years before the U.S. Supreme Court established a constitutional exemption in Atkins, and its leadership on the issue is to be commended…Despite Georgia’s early leadership on the issue, since Atkins not a single defendant in Georgia has been held to be exempt from execution due to ID pursuant to O.C.G.A. § 17-7-131.6 As set forth below, this onerous burden of “beyond a reasonable doubt” is inconsistent with the clinical diagnostic process and encourages jurors to default to stereotypes about people with ID.”

Case Documents

Amicus Brief

Georgia Supreme Court Decision

Related Media

The Atlanta Journal-Constitution: High court to be asked to overturn intellectual disability threshold

Palmer v. Georgia

/in , , , , /by Pam Katz

State: Georgia

Filed: July 6, 2020

Court: Supreme Court of Georgia

Overview: This amicus brief challenges Georgia’s “beyond a reasonable doubt” standard in determining intellectual disability in death penalty cases as creating a constitutionally unacceptable risk that defendants who have legitimate claims of intellectual disability will nonetheless be sentenced to death.

Excerpt: “Georgia was the first state in the Nation to establish a prohibition against executing individuals with ID thirteen years before the U.S. Supreme Court established a constitutional exemption in Atkins, and its leadership on the issue is to be commended…Despite Georgia’s early leadership on the issue, since Atkins not a single defendant in Georgia has been held to be exempt from execution due to ID pursuant to O.C.G.A. § 17-7-131.6 As set forth below, this onerous burden of “beyond a reasonable doubt” is inconsistent with the clinical diagnostic process and encourages jurors to default to stereotypes about people with ID.”

Case Documents

Amicus Brief

Related Media

Press Release: The Arc Calls for Georgia Supreme Court to Reexamine Unconstitutional Standard for Proving Intellectual Disability in Death Penalty Cases

Talk About Sexual Violence: Survivor Perspectives

/in , , , , , /by Pam Katz

Two survivors of sexual violence discuss their experiences and journey of healing.

In the Matter of Marian T.

/in , , , , /by Pam Katz

State: New York

Filed: December 31, 2019

Court: New York Court of Appeals

Overview: This brief argues that New York’s adoption statute requires the informed consent of adult adoptees. The lower court held that the consent of the adult adoptee is properly dispensed with where adoption would further the person’s best interests.

Excerpt: “In dispensing with Marian’s consent to her own adoption, the lower courts embraced the outdated-and discriminatory-view that adults with intellectual disability may be treated as perpetual children under the law. Despite changes in law, policy, and societal attitudes regarding the treatment of adults with intellectual disability, outmoded stereotypes of adults with intellectual disability as lacking personhood and the ability to exercise self-determination linger. The lower courts’ decisions reflect those outdated views and threaten a dangerous reversal of advances made by people with intellectual disability.”

Case Documents

Amicus Brief

Espinoza v. Montana Department of Revenue

/in , , , , , /by Pam Katz

State: Montana

Filed: November 15, 2019

Court: U.S. Supreme Court

Overview: The brief argues that voucher and tax-credit programs like Montana’s redirect public funds to private entities largely unbound by the federal laws that for generations have guarded the rights and futures of students with disabilities. Allowing such programs to proliferate would significantly harm students with disabilities.

Excerpt: “For nearly fifty years, children with disabilities have relied on key federal laws to ensure that they receive the education to which they are entitled and are protected from discrimination and segregation in public schools. School voucher and tax-credit programs, including the Montana program at issue in this case, risk eroding these decades of progress. They redirect public money to private schools, which often fail to offer appropriate or integrated education to students with disabilities and commonly exclude them outright. And they deplete funding for public schools, which remain bound to comply with the comprehensive federal laws ensuring that students with disabilities are properly served. In the process, more and more students with disabilities will be excluded, neglected, and segregated—precisely the harms that Congress has repeatedly acted to stop.”

Case Documents

Amicus Brief 

Related Media

Press Release: Advocacy Groups File U.S. Supreme Court Brief Warning That School Vouchers Harm Students With Disabilities

Cropp v. Larimer County

/in , , , , , , /by Pam Katz

State: Colorado

Filed: December 18, 2019

Court: Tenth Circuit Court of Appeals

Overview: The amicus brief supported Mr. Cropp’s petition for a rehearing en banc. Mr. Cropp is an individual with Alzheimer’s who was arrested after police found him wandering in his neighborhood and tackled him to the ground when he would not answer their questions. His wife came to visit him in jail and asked for an accommodation to be able to sit next to him and explain the release form he was required to fill out in order to leave the jail. Despite knowledge of Mr. Cropp’s disability, the County denied these accommodation requests without making an individualized inquiry or analysis of his communications needs. The district court granted the County’s motion for summary judgement and the Tenth Circuit affirmed.

Excerpt: “The majority’s decision undermines the requirements of Title II in two ways…First, Title II requires that public entities provide communication with disabled people that is “as effective as” communication with nondisabled people. In contrast, the majority would require disabled people to show that communication offered by a public entity was ‘wholly ineffective.’ Second, Title II requires that governmental entities give “primary consideration” to the requests of disabled people in determining the appropriate method of communication with them.”

Case Documents

Amicus Brief