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The Arc Applauds Commutation of Bobby Moore Death Sentence

November 13, 2019/in Advocacy, Criminal Justice, News/by Pam Katz

The Arc applauds the new ruling by the Texas Court of Criminal Appeals (TCCA) that Bobby Moore is a person with intellectual disability and cannot be executed; commuting his sentence to life in prison.

In its 2002 decision in Atkins v. Virginia, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability and banned their execution as cruel and unusual punishment under the Eighth Amendment. Subsequently, in Hall v. Florida (2014), the Court rejected an arbitrary cutoff for IQ scores in making the intellectual disability determination and emphasized the importance of courts consulting clinical standards in their analysis. The Court’s 2017 and 2019 decisions in Moore v. Texas have strengthened this precedent by emphasizing the need to rely on well-established clinical standards – rather than stereotypes – in making intellectual disability determinations in death penalty cases. The Arc filed amicus briefs on Mr. Moore’s behalf when he first went before the U.S. Supreme Court in 2016 and again when his case was remanded to the TCCA in 2017.

“The appeals court decision is a major victory for people with intellectual disability in the criminal justice system and it finally affirms what The Arc and our allies have long asserted: Bobby Moore met the criteria for intellectual disability and his death sentence violated his Constitutional rights under the Eighth Amendment prohibiting cruel and unusual punishment,” said Peter Berns, CEO, The Arc. “We hope the Moore case serves as a loud and clear reminder to the court system that the Supreme Court banned the execution of people with intellectual disability 17 years ago, recognizing their risk of wrongful execution. It is a risk we cannot – and will not take.”

The Arc Demands Charges Against Officer in Costco Shooting

October 3, 2019/in Criminal Justice, News, Press Releases/by Pam Katz

The Arc is outraged by the decision not to file criminal charges against the Los Angeles police officer who shot and killed Kenneth French, a man reported to have had intellectual disability, at a California Costco store in June. Kenneth was nonverbal and also lived with mental health issues, according to his family.

While Officer Salvador Sanchez was holding his child, he was pushed or hit by Kenneth — who was unarmed. Sanchez used excessive force and recklessly ended the young man’s life, despite reported warnings and pleas by Kenneth’s family explaining that he had intellectual disability. Sanchez fired 10 shots, also critically wounding Kenneth’s parents.

“Officer Sanchez should face criminal charges. Based on the evidence made public, we are outraged by the grand jury’s recommendation. We are infuriated that Riverside County District Attorney Mike Hestrin also declined to file charges. Both decisions raise serious concerns for the disability community and all communities disproportionately impacted by unwarranted police violence, a problem that has plagued our country far too long.

“The criminal justice system has failed the French family. At a minimum, charges should be filed and a full trial held. Let a judge or jury decide whether a crime has been committed after all the evidence is presented.

“Kenneth French and other people with disabilities have the right to be in the community, shopping with their family or doing any other ordinary activity, without a police officer shooting and killing them. Kenneth’s death is a senseless tragedy that magnifies the troubling divide between law enforcement and all people they are sworn to protect and serve,” said Peter Berns, CEO, The Arc.

The Arc makes it a priority to build strong, respectful relationships between the disability community, the criminal justice system, and law enforcement personnel across the country. Our National Center on Criminal Justice and Disability (NCCJD) trains attorneys, judges, law enforcement officers, and victim advocates nationwide through Pathways to Justice. We educate them on issues facing the disability community and how to safely and effectively interact with people with intellectual and developmental disabilities, who are at least two times more likely to become victims of violent crimes.

“There is an urgent need for officer training, intentional relationship-building with people with disabilities and agencies that serve them, and the use of de-escalation techniques. The Arc will continue to follow the case closely, as LAPD investigates and Kenneth’s family pursues legal action,” said Berns.

Talk About Sexual Violence: James’ Story

April 29, 2019/in Advocacy, Criminal Justice, From the Frontlines/by The Arc

Sexual assault and violence disproportionately affect people with intellectual and developmental disabilities (IDD), with findings from NPR revealing that people with IDD are assaulted at seven times the rate of people without disabilities. The first step to tackling this epidemic is talking about it.

Our Call to Action

Recommendations for Schools and Students

Provide age-appropriate sex education for students with disabilities.
Discuss safe vs. unsafe relationships.
Identify who to report a sexual assault incident to.
Ensure a personal safety plan is included in Individualized Education Plans (IEPs).

Recommendations for Individuals

Reach out to a trusted person if you have experienced sexual assault.
Learn about your rights as a crime victim and what can happen if you report.
Locate and attend sexual assault support groups.
If you are interviewed by law enforcement, request privacy.
Know your rights about your accommodation needs.

Recommendations for Disability Service Providers

Require sexual trauma training for providers.
Demand deeper background checks for all employees.
Listen and believe when someone discloses sexual assault.
Provide accommodations when a person reports an incident.
Ensure privacy when a person reports sexual violence.

Recommendations for Criminal Justice Professionals

Required training for first responders, law enforcement, the courts, and sexual assault and rape crisis professionals about serving crime victims with IDD.
Learn effective strategies for interviewing crime victims with disabilities.
Use disability specific accommodations.
Consider community outreach to reduce fear of talking with law enforcement.

Talk About Sexual Violence: Kecia

April 19, 2019/in Advocacy, Criminal Justice, From the Frontlines/by The Arc

April is Sexual Assault Awareness Month. Sexual assault and violence disproportionately affect people with intellectual and developmental disabilities (IDD), with findings from NPR revealing that people with IDD are assaulted at seven times the rate of people without disabilities. The first step to tackling this epidemic is talking about it.

Our Call to Action

Recommendations for Schools and Students

Provide age-appropriate sex education for students with disabilities.
Discuss safe vs. unsafe relationships.
Identify who to report a sexual assault incident to.
Ensure a personal safety plan is included in Individualized Education Plans (IEPs).

Recommendations for Individuals

Reach out to a trusted person if you have experienced sexual assault.
Learn about your rights as a crime victim and what can happen if you report.
Locate and attend sexual assault support groups.
If you are interviewed by law enforcement, request privacy.
Know your rights about your accommodation needs.

Recommendations for Disability Service Providers

Require sexual trauma training for providers.
Demand deeper background checks for all employees.
Listen and believe when someone discloses sexual assault.
Provide accommodations when a person reports an incident.
Ensure privacy when a person reports sexual violence.

Recommendations for Criminal Justice Professionals

Required training for first responders, law enforcement, the courts, and sexual assault and rape crisis professionals about serving crime victims with IDD.
Learn effective strategies for interviewing crime victims with disabilities.
Use disability specific accommodations.
Consider community outreach to reduce fear of talking with law enforcement.

Talk About Sexual Violence: Chris’ Story

April 15, 2019/in Advocacy, Criminal Justice, From the Frontlines, Programs and Supports/by The Arc

April is Sexual Assault Awareness Month. Sexual assault and violence disproportionately affect people with intellectual and developmental disabilities (IDD), with findings from NPR revealing that people with IDD are assaulted at seven times the rate of people without disabilities. The first step to tackling this epidemic is talking about it.

Our Call to Action

Recommendations for Schools and Students

Provide age-appropriate sex education for students with disabilities.
Discuss safe vs. unsafe relationships.
Identify who to report a sexual assault incident to.
Ensure a personal safety plan is included in Individualized Education Plans (IEPs).

Recommendations for Individuals

Reach out to a trusted person if you have experienced sexual assault.
Learn about your rights as a crime victim and what can happen if you report.
Locate and attend sexual assault support groups.
If you are interviewed by law enforcement, request privacy.
Know your rights about your accommodation needs.

Recommendations for Disability Service Providers

Require sexual trauma training for providers.
Demand deeper background checks for all employees.
Listen and believe when someone discloses sexual assault.
Provide accommodations when a person reports an incident.
Ensure privacy when a person reports sexual violence.

Recommendations for Criminal Justice Professionals

Required training for first responders, law enforcement, the courts, and sexual assault and rape crisis professionals about serving crime victims with IDD.
Learn effective strategies for interviewing crime victims with disabilities.
Use disability specific accommodations.
Consider community outreach to reduce fear of talking with law enforcement.

Sexual Assault Awareness Month: Shining the Light on a Silent Epidemic

April 6, 2019/in Advocacy, Criminal Justice, From the Frontlines/by The Arc

Chris Miller, James Meadours, and Kecia Weller

Every day, in every community across the U.S., people with intellectual and developmental disabilities (IDD) are being sexually assaulted. Too many have a story to tell, and yet few are ever heard. The Talk About Sexual Violence project aims to change that by educating health care providers about sexual violence in the lives of people with IDD. Here are just three snapshots of this epidemic, shared directly by those affected by it:

Chris Miller

For as long as I can remember society has had the idea that men do not show emotion. We are told to be strong, not to cry or share feelings. People don’t believe that rape and assault happens to us, but the fact is that 1 in 6 men have been victims of sexual assault and the rate of men with disabilities is even higher. Many of us do not believe there will be any consequences if we tell someone about what happened to us. This is a deep reaching issue that we must deal with to have a healthy, inclusive and safer society. Every sexual assault survivor needs to know they matter, are respected and can be safe.

James Meadours

I never thought lightning could strike twice in the same place, but in my life it happened. I was sexually assaulted four times during my life and this is not uncommon for men or women with disabilities. My friends believed me and were helpful at different stages, but when I talked to the local rape crisis center two weeks after the rape, they didn’t know how to provide support since they do not usually help many men, especially men with disabilities. It was a new experience for them, but even though they didn’t have any training, they tried to be helpful. No one taught me the steps to recovery. I did remember what the SANE nurse told me – she looked me in the eye and said I needed to take care of myself before helping others who have suffered. After two years of recovery work, I realized when I was at a meeting to discuss sexual assault that I wanted to tell my story. This was the beginning of my journey to become an advocate to support others with disabilities who have suffered with sexual assault. I am now a national advocate and speaker at many conferences sharing my story and recommending changes so others can find healing and if they want they can become part of the MeToo movement.

Kecia Weller

Get involved. Help people with disabilities learn about safe relationships and prevention of sexual assault. Special attention must be provided at peer advocacy meetings to teach people how to support survivors when they report the abuse and create their own safety plans. There are many ways people with disabilities can be supportive. A few ideas include volunteering to be a listener on a hot line, educating school teachers about the frequency of abuse against students with disabilities and most important, learning more yourself about the alarming rate of sexual and other kinds of assault happening to men and women with disabilities.

Learn more about educating health care providers about this silent epidemic and supporting people with IDD to tell their truth. Men with disabilities and other marginalized individuals are especially alone and need outreach now more than ever. This Sexual Assault Awareness Month, join us in the movement to Talk About Sexual Violence!

Supreme Court Reaffirms Commitment to Clinical Standards, Not Stereotypes, in Determining Intellectual Disability in Death Penalty Cases

February 19, 2019/in Advocacy, Criminal Justice, From the Frontlines, Press Releases/by The Arc

The U.S. Supreme Court issued a per curiam (published in the name of the Court rather than specific judges) opinion today reversing the Texas Court of Criminal Appeals (TCCA) and finding that Bobby Moore is a person with intellectual disability and his execution is prohibited by the Eighth Amendment to the U.S. Constitution’s ban on cruel and unusual punishment.

“The Arc applauds the Court’s decision today which again embraces the standards-based approach in determining intellectual disability for which The Arc has long advocated. When it comes to matters of life and death, there is simply no room for courts to ground their determinations of intellectual disability in outmoded and baseless stereotypes. The Arc is grateful to the Court for taking a strong stance today to ensure that its precedent on this issue is properly interpreted in jurisdictions around the country,” said Marty Ford, Senior Advisor, The Arc.

This is the second time Mr. Moore has sought relief from the Supreme Court and won. In 2017, in the same case, the Court rejected Texas’ use of stereotypical and outdated factors—rather than well-established clinical standards—to determine intellectual disability in death penalty cases on the grounds that they “create an unacceptable risk that persons with intellectual disability will be executed.” The Court then sent the case back to the TCCA to determine whether Mr. Moore had intellectual disability in light of its opinion. Following the TCCA’s 2018 finding that he did not have intellectual disability, Mr. Moore again petitioned for Supreme Court review. Notably, the prosecutor in Mr. Moore’s case—the district attorney of Harris County—filed a brief in support of Mr. Moore noting that, in light of the Supreme Court’s 2017 opinion, Mr. Moore is an individual with intellectual disability who cannot be executed.

In its opinion today, the Court noted that “Moore has shown he is a person with intellectual disability” and that the most recent TCCA opinion must be reversed because it continued to exhibit “lay stereotypes” of people with intellectual disability despite the Supreme Court’s clear instruction to rely on well-established clinical standards instead. Chief Justice Roberts, in a concurring opinion, noted that while he still believes the original Moore opinion “lacked clarity,” “it is easy to see that the Texas Court of Criminal Appeals misapplied it here…the court repeated the same errors that this Court previously condemned…” Justice Alito, joined by Justices Thomas and Gorsuch, dissented, noting that “The error in this litigation was not the state court’s decision on remand but our own failure to provide a coherent rule of decision in Moore.”

The Arc filed amicus briefs on Mr. Moore’s behalf when he first went before the Supreme Court in 2016 and again when his case was remanded to the TCCA in 2017.

In its 2002 decision in Atkins v. Virginia, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability and banned their execution as cruel and unusual punishment under the Eighth Amendment. Subsequently, in Hall v. Florida (2014), the Court rejected an arbitrary cutoff for IQ scores in making the intellectual disability determination and emphasized the importance of courts consulting clinical standards in their analysis. The Court’s 2017 and 2019 decisions in Moore v. Texas have strengthened this precedent by emphasizing the need to rely on well-established clinical standards—rather than stereotypes—in making intellectual disability determinations in death penalty cases.

The Arc has deep sympathy for the family and friends of the victim in this case, and we supported appropriate punishment of all responsible parties. The Arc did not seek to eliminate punishment of Mr. Moore or others with disabilities, but rather, to ensure that justice is served and the rights of all parties are protected. The Arc is committed to seeking lawful outcomes for people with ID and will continue working to ensure that the U.S. Supreme Court rulings on this issue are abided by in jurisdictions across the country.

Two of The Arc’s Programs to Receive Prestigious Zero Project Awards

January 14, 2019/in Criminal Justice, News, Press Releases, Programs and Supports/by The Arc

The Arc of the United States is pleased to announce two of its programs, Wings for Autism^®/Wings for All® and the National Center on Criminal Justice and Disability (NCCJD)’s Pathways to Justice^®, have been named 2019 Zero Project Awardees. The Zero Project is an initiative of the Essl Foundation that recognizes and provides a platform for the world’s most innovative and effective solutions to problems faced by people with disabilities around the world. The Arc’s programs are being recognized this year for outstanding contributions towards promoting independent living and political participation, the 2019 Zero Project Awards’ themes.

“The Arc of the United States has long fought to ensure that people with intellectual and developmental disabilities (IDD) are included in all aspects of society, and that the civil rights of people with IDD are respected in every context,” said Peter Berns, CEO of The Arc, “We are proud that Wings for Autism/Wings for All and NCCJD’s Pathways to Justice will be recognized as Zero Project awardees this year.”

Pathways to Justice and Wings for Autism are among 76 policies and practices selected by an international group of 3,000 experts who take part in a multi-round voting and selection process. The Arc’s CEO Peter Berns as well as leadership from the two recognized programs will accept the award in Vienna, Austria in February.

Since 2013, NCCJD has endeavored to improve the criminal justice system’s response to victims, witnesses, suspects, defendants, and prisoners with IDD. The Center’s signature program, Pathways to Justice, offers specialized training and support to develop local, multidisciplinary Disability Response Teams composed of criminal justice and disability leaders, including self-advocates, to improve local justice systems. NCCJD has trained over 5,000 justice professionals in 12 different states since 2015.

“Societies can’t be inclusive without equal access to justice for ALL, including people with disabilities. Pathways to Justice is revolutionizing the way the criminal justice system sees and interacts with people with developmental disabilities, laying the groundwork for inclusive justice to take root and flourish across the country,” said Leigh Ann Davis, Director of NCCJD.

Originated by the Charles River Center, a local chapter of The Arc in Massachusetts, and the Massachusetts Port Authority, Wings for Autism/Wings for All is an airport “rehearsal” program created to alleviate some of the stress that individuals with IDD and their families experience when traveling by air. The program also provides vital training and educational resources on disability competency to airport, airline, and Transportation Security Administration (TSA) staff and volunteers.

From 2014 to 2018, Wings for Autism has held over 130 trainings in almost 60 airports throughout the United States and has supported more than 18,000 people with autism and other disabilities, as well as their families. Additionally, the program has trained more than 1,800 aviation professionals in disability competency and inclusion.

“The Wings for Autism/Wings for All program has successfully helped thousands of individuals with disabilities and their families enjoy the basic right to travel and live independently. Simultaneously, we’ve supported aviation professionals across the country to create safe and inclusive spaces in airports to better accommodate travelers with disabilities. We are honored to be in the company of so many other great organizations who are also addressing independent living issues on an individual and systemic level as well,” said Kerry Mauger, Program Manager of Wings for Autism.

The Arc Expands “Talk About Sexual Violence” Project to Focus on Men With Disabilities

January 4, 2019/in Advocacy, Criminal Justice, Press Releases, Programs and Supports/by The Arc

The Arc of the United States is pleased to announce the National Center on Criminal Justice and Disability® (NCCJD®) received a grant from the WITH Foundation to expand its successful initiative Talk About Sexual Violence (TASV). TASV was born out of a partnership between The Arc’s NCCJD and the Board Resource Center (BRC) and serves as a platform for educating healthcare professionals on how to talk to their patients with intellectual and developmental disabilities (IDD) about sexual violence. The WITH Foundation’s grant will expand the program’s current focus on women survivors to include resources about male survivors and the unique barriers they face in disclosing or reporting sexual violence.

Efforts to address sexual violence—even movements like #MeToo—have typically focused on women. However, men also experience sexual violence and have comparatively few resources to support them. Research shows that 14% of men with disabilities will experience violent victimization compared to 4% of men without disabilities. Men are less likely than women to disclose an assault, and men with IDD may be even less likely due to additional challenges they face if they do speak out about it or report it. Health care providers are generally not asking male patients about sexual assault and may not know how to respond if a patient does disclose.

NCCJD’s Director, Leigh Ann Davis, who has worked in the field of sexual violence prevention of people with disabilities for over 20 years and is a survivor herself, states: “This is a topic of urgent national importance, and we’ve only begun to scratch the surface when it comes to addressing sexual trauma experienced by men with IDD. With support from The WITH Foundation, we can expand our current project, reach new audiences, build new partnerships with male-focused sexual assault organizations and plant seeds for prevention, detection, and healing in the future.”

Health care professionals are in a frontline position to educate patients about and potentially prevent sexual violence. The primary challenge facing health care professionals is lack of training and experience in speaking directly to people with disabilities about this critical issue which can have dire consequences in the person’s life when left untreated, both emotionally and physically. TASV will work to reduce this gap in knowledge by creating brief video clips with supporting training materials healthcare professionals can use to educate and prepare themselves for these sensitive discussions.

While this project will focus its efforts in California, the initiative will have national reach and impact. This grant is part of a larger grant program by The WITH Foundation that is dedicated to addressing the issue of sexual violence against people with disabilities. The WITH Foundation has provided close to $258,000 to six organizations to fund a variety of programs that promote comprehensive and accessible healthcare for adults with IDD.

“It is a privilege to support these efforts as they work to enhance healthcare delivery models, increase the understanding of supported decision-making, and/or address critical issues for adults with intellectual and developmental disabilities” said Ryan Easterly, Executive Director of the WITH Foundation.

The Arc Responds to Appointment of Judge Kavanaugh to the US Supreme Court

October 6, 2018/in Criminal Justice, From the Frontlines, News, Press Releases/by The Arc

Today, The Arc responded to Judge Brett Kavanaugh’s appointment to the United States Supreme Court. In August, The Arc came out in opposition to Judge Kavanaugh’s appointment to the highest court based on his decisions on cases involving self-determination of individuals with intellectual and developmental disabilities (IDD), education, employment, and his stances on the Affordable Care Act and school choice.

The Arc has not publicly opposed a nominee to the Supreme Court in 30 years, since 1987 when Judge Robert Bork was nominated by President Ronald Reagan. When Judge Gorsuch was nominated to the highest court, The Arc did a thorough analysis of his record and decided to not oppose his appointment. The Arc solely takes positions based on the core values, mission statement, position statements, and public policy agenda for the organization.

“The Arc is disappointed in the Senate’s confirmation of Judge Kavanaugh, this is a devastating blow to disability and civil rights in our country. After a thorough analysis of Judge Kavanaugh’s record we chose to oppose his appointment and activate our grassroots network. Our organization was founded to promote and protect the human rights of people with intellectual and developmental disabilities. We couldn’t sit by idly knowing that Judge Kavanaugh has demonstrated a disregard for the impact of his judicial philosophy on the lives of people with disabilities and their families time and time again.

“Particularly concerning is his opinion in Doe. V. Tarlow, a case where women with intellectual disability who resided in the District of Columbia’s Forest Haven institution brought a class action lawsuit against the District for violating their due process rights. The District, through its developmental disabilities agency, consented to subject them to non-emergency surgical procedures, including abortions and eye surgeries, without even talking to them and their family members. Judge Kavanaugh’s ruling is disturbing in his apparent lack of appreciation for the humanity of individuals with intellectual disability, their basic human rights, and their ability and right to participate in important life decisions even when found legally unable to make decisions by themselves.

“We believe Judge Kavanaugh’s appointment poses a threat to the civil rights of millions of individuals with intellectual and developmental disabilities and their families. It is shocking that so many Senators ignored the gaps in Judge Kavanaugh’s knowledge and understanding of the value and perspectives of people with intellectual disability. Even more disheartening is those Senators who ignored the pleas of their constituents with disabilities who called on them to oppose Judge Kavanaugh’s appointment. We appreciate those who stood up for their constituents, their support did not go unnoticed. We remain united with our colleagues across the disability and civil rights communities and will continue our advocacy to support the values we hold dear as an organization,” said Peter Berns, CEO of The Arc.

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The Arc Applauds Commutation of Bobby Moore Death Sentence

The Arc Demands Charges Against Officer in Costco Shooting

Talk About Sexual Violence: James’ Story

Our Call to Action

Talk About Sexual Violence: Kecia

Our Call to Action

Talk About Sexual Violence: Chris’ Story

Our Call to Action

Sexual Assault Awareness Month: Shining the Light on a Silent Epidemic

Supreme Court Reaffirms Commitment to Clinical Standards, Not Stereotypes, in Determining Intellectual Disability in Death Penalty Cases

Two of The Arc’s Programs to Receive Prestigious Zero Project Awards

The Arc Expands “Talk About Sexual Violence” Project to Focus on Men With Disabilities

The Arc Responds to Appointment of Judge Kavanaugh to the US Supreme Court

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