Responsiveness to difference: ADA accommodations in the course of an arrest

Area of Science:

• Law and Society
• Criminology
• Disability Studies

Background:

• Supreme Court case City & County of San Francisco v. Sheehan aimed to resolve ADA accommodation issues during arrests.
• The ADA question was dismissed, leaving courts divided on balancing disability rights and police discretion.
• Existing legal frameworks struggle to reconcile ADA compliance with law enforcement safety needs.

Purpose of the Study:

• To survey and reorganize existing jurisprudence on ADA accommodations in police encounters.
• To propose a new legal test for balancing ADA requirements with police operational needs.
• To reduce the disproportionate use of force against individuals with disabilities, particularly those with mental illnesses.

Main Methods:

• In-depth survey of existing court decisions and legal tests.
• Analysis of the legal tension between the Americans with Disabilities Act (ADA) and police procedures.
• Development of a novel tripartite, sliding scale test for accommodation.

Main Results:

• Courts remain divided on how to apply ADA requirements during arrests.
• The proposed tripartite test offers a structured approach to accommodation based on situational security.
• Current practices result in a significantly higher risk of death for individuals with untreated mental illnesses during police stops.

Conclusions:

• A new, sliding scale legal test is needed to guide police in accommodating individuals with disabilities.
• Implementing such a test could lead to reforms decreasing violent police encounters.
• This approach aims to enhance both public safety and the rights of individuals with disabilities.