Slide 1:
ADA Audio Conference Series
January 15, 2013
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint Presentation are available through the Webinar Platform. Audio Connection is available through streaming audio and/or telephone only.

Slide 2:
Webinar Features
Closed captioning – click CC icon (located in the Audio/Video Panel) or control-F8 (command-F8) and adjust your screen.
Questions – Highlight “Great Lakes ADA” in the participant list and “right click” on your mouse to send a private message.  Type your message into the chat area that appears.  The question will be viewed by all moderators. (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message )

Slide 3:
Webinar Features (con’t)
Customize your view – You can change the size and location of any of the panels (Chat, etc.) by hovering your mouse over the icon at the right of each panel and select “Detach Panel”.  Each panel can be repositioned and resized.

Slide 4:
ADA and Law Enforcement: Understanding the Issues
Michael Sullivan
Michael Sullivan ADA Consulting Specializing in Law Enforcement Issues

Slide 5:
Where does it all start?
Americans with Disabilities Act, Title II Regulations
§35.130 --General prohibitions against discrimination
No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. 

Slide 6:
Law Enforcement Obligations
We don’t enforce the ADA, we comply…
When we comply, we are accessible to and usable by people with disabilities…

Slide 7:
Specific ADA Impacts on Law Enforcement
…EVERYTHING
Stations, community rooms, jails, holding cells 
Permits, licenses, policy modifications 
Community meetings and education efforts
Event Planning: festivals, street fairs, parades, demonstrations 
Emergency planning
Operations: calls for service, initial responses, investigations, arrests

Slide 8:
Some Law Enforcement Cases and Settlement Agreements
Pennsylvania Dept. of Corrections v. Yeskey, 524 U.S. 206 (1998)
Barnes v. Gorman, 536 U.S. 181 (2002)
New York City PD, November 2009
Alameda County Sheriff (CA) 
Portland Police Bureau (OR)

Slide 9:
Bureau of Justice Statistics 2009-2011 
Persons with disabilities compared to persons without disabilities
Serious violent crime victim more that twice the rate
Violent victimization rate higher
Females victimized rate higher
People with cognitive disabilities highest victimization rate among PwD’s
Source: Crime Against Persons with Disabilities, 2009-2011-Statistical Tables	

Slide 10:
Bureau of Justice Statistics 2008-2010
Persons with disabilities compared to persons w/o disabilities in 2010
Violent victimization reported to police: 41% compared to 53%
Robbery: 39% compared to 63% 
Aggravated assault:  40% compared to 65%
About 9% persons with disabilities used victim service agencies other than the police
Source: Crime Against Persons with Disabilities, 2008-2010 Statistical Tables

Slide 11:
Responding to Crime Victims with Disabilities
Barriers
Cultural attitudes
Embarrassment 
Fear of not being believed
Emergency support providers not available
Lack of accessible resources
Programmatic challenges
Don’t know who to call 
National Professional Training Conference on Responding to Crime Victims with Disabilities
Oregon Health & Science University, Mary Oschwald, Beckie Child, Laurie Powers, et al. Portland State University September 30 – October 2 2009 

Slide 12:
Responding to Crime Victims with Disabilities
Barriers (continued)
Systems 
Lack of coordinated response
Fear of losing independence
Fear of losing custody of children
Abusive person is a family member 
Fear of backlash
Fear of consequences of calling police or mandatory reporting.
Fear of Isolation
National Professional Training Conference on  Responding to Crime Victims with Disabilities
Oregon Health & Science University, Mary Oschwald, Beckie Child, Laurie Powers, et al. Portland State University September 30 – October 2 2009 

Slide 13:
Services, Programs or Activities 
Citizens Academy
“ Ride-alongs”
“Tweetalongs”
D.A.R.E.
S.A.F.E. 
Jail visitation
Tip Lines
Traffic Schools
Victim Witness Programs
Fingerprinting
Web-based police reports
Web-based newsletters

Slide 14:
Awareness v. Sensitivity
“I’m sensitive and I feel bad,” can I go now?
Medical Model v. People Model
don’t diagnose…focus on behavior
hidden disability
stereotypes 
Not everyone is the “Rain Man”
Training not specific to Law Enforcement
Slide 15:
Considerations for Law Enforcement 
Officer Safety: Why We Do the Things We Do
How law enforcement thinks 
Approaches are based on safety
Evaluating behaviors: Disability may be the reason
A tale of dinner, Deaf, ASL, and the police

Slide 16:
Considerations for Law Enforcement Officer Safety (continued)
Existing tactics-modification
No “boiler plate” approach
Safety zone: reach ranges, false sense of security
Mobility devices: canes, crutches, wheelchairs, scooters, walkers

Slide 17:
Build on existing knowledge…
Wheelchair Approach
•	Same as a traffic stop
•	Searches, wheelchairs,
     canes, crutches, bags, 
     etc.
Graphic showing the best approach for law enforcement to use with someone in a wheelchair.  The best zones are to the left or the right side of the wheelchair. The zones to avoid are the front or back of the wheelchair. 

Slide 18:
Considerations for Law Enforcement Officer Safety (continued)
Handcuffing
Range of motion
Double cuffs
Flex cuffs
One side or the other
Joint laxity
Tightness

Slide 19:
Considerations for Law Enforcement 
Booking
TTY Right to phone calls 
Transportation issues
Custody searches--medical devices
Caregivers, personal attendants 
Service Animals
Animal control, responsible party

Slide 20:
Considerations for Law Enforcement 
Disability-specific issues…
CP (cerebral palsy) misunderstood as drunk?  
Can a blind person be a witness? 
Slow down interviews…It takes time!
Autism, Intellectual Disabilities
Listen

Slide 21:
Deaf and Hard of Hearing…
Effective Communication
Sign language interpreters and when to get them
Time
Complexity
Nature
Context
Always use qualified interpreters 

Slide 22:
Deaf and Hard of Hearing…
Effective Communication
Primary consideration to the individual
Caution regarding use of family member requested by the person with a disability 
Auxiliary aids: VRI, VRS, computers, TTYs

Slide 23:
Deaf and Hard of Hearing…
Effective Communication
Use of notes
Delay in interpreting
Name signs
Fear of the Police
Handcuffing

Slide 24:
Working with a Sign Language Interpreter
Interrogations vs. Interviews
Miranda Warning
Train the interpreters
Alert: Interpreter will sign everything said
Interpreter may ask questions for clarification 
Nodding does not necessarily mean understanding or agreement
Misreading body language
Lag time
Non-standard sign language
Written statements

Slide 25:
Federal law mandates accommodation
Reasonable Accommodation Examples
Providing documents by email
Enlarging form on the copier…130% or 18 point 
Reading or filling out a form 
Clipboard as alternate writing surface
Meet in the “lobby”
Follow-up information in the report

Slide 26:
Graphic showing communication board.  Alphabet, Yes/No and Numbers 0 to 10 

Slide 27:
ADA Coordinator Role
Credibility--Partner with Law Enforcement Trainer
You are not trying to tell law enforcement how to do its job--you just want to make it easier
Who are people with disabilities--how they come to law enforcement attention
Describe what people with disabilities want the police to know
Inform disability community about law enforcement procedures
Review existing policies and procedure, training, transition plan and self-evaluation
Assure Information/resources are available 24-7

Slide 28:
Policy Examples
Service Animal Procedure
Obtaining Auxiliary Aids
Accessible meeting policy
Use of TTY/Booking Procedures
How to obtain ASL Interpreters
Transportation of Disabled Prisoners
Multiple Chemical Sensitivity—Environmental Illness
Vehicle code enforcement, ex. signing of citation, sidewalk violations, disabled placard
Prescription drug use by detainees
Segways™
Event permit conditions

Slide 29:
Contact
Michael Sullivan
Michael Sullivan ADA Consulting
Specializing in law enforcement issues relating to the ADA
Email: michaelsullivanadaconsulting@yahoo.com
Website michaelsullivanadaconsulting.com

Slide 30:
Thank you for participating in today’s 
ADA-Audio Conference Session
The next scheduled session is:
Everyone Into the Pool: Refresher on the requirements for swimming pool lifts
February 19, 2013
Register at:  www.ada-audio.org or call 877-232-1990 V/TTY