The Americans with Disabilities Act (ADA) was passed 33 years ago, but disabled people continue to be victimized by the legal system.
Demonstrators march for Daniel Prude on September 4, 2020, in Rochester, New York. Prude died after being arrested on March 23, by Rochester police officers who had placed a"spit hood" over his head and pinned him to the ground while restraining him.When police officers found Daniel Prude naked and wandering the streets of Rochester, New York, as snow was falling the evening of March 23, 2020, they did not call for social workers or mental health experts.
The officers placed a mesh hood over his head to prevent the potential spread of COVID-19, increasing his distress. Three officers pinned him to the ground, with one pressing his knee on Prude’s back and another pushing his face into the pavement. After two minutes, he stopped breathing. Between gasps of air and prayers, he said, “You’re trying to kill me.” Prude was pronounced brain dead upon arriving at the hospital and died a week later.
Prude’s story is not an anomaly. As we celebrate the 33rd anniversary of the Americans with Disabilities Act , we also mark another year in which people with disabilities are trapped in the criminal legal system instead of receiving the support they need. Without safe and affordable housing and supportive community-based services, people with disabilities are more likely to live in poverty, be unemployed or be unhoused. These factors make it more likely that people with disabilities will interact with law enforcement — often for misunderstood behavior related to their disabilities — and become ensnared in the criminal legal system.
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