The Law Center's mission under this agenda is to end discrimination and abuse against persons with disabilities and secure their inclusion and full participation in all aspects of mainstream society.

There are four components to this project including: education, community services, the criminal justice system and advancing the rights of persons with disabilities internationally.

education
community services
criminal justice system
international project

The Law Center also focuses on ensuring that the criminal justice system, including law enforcement and the courts, trains its employees and modifies its policies to ensure that persons with disabilities, whether they are accused, suspects, victims, or witnesses, receive equal protection and due process of law. Over the years, the Law Center has represented numerous individuals with disabilities who have been the victims of abuse and discrimination at the hands of law enforcement. We have advocated for training programs that help police officers to both recognize and address the special needs of persons with disabilities.

The Law Center's first civil action on behalf of persons with disabilities in the criminal justice system began in 1978 with McDermott v. City of Philadelphia. Kevin McDermott, a man with epilepsy, was leaving a store in his own neighborhood when he had a seizure. Confusing Mr. McDermott's behavior as related to intoxication, a Philadelphia police officer beat and arrested him. The Epilepsy Foundation of America joined the litigation as a plaintiff. Also in 1978, the Law Center represented William Battles, a man with diabetes, and the Diabetes Association, in Battles v. City of Philadelphia. Again, the officers interpreted behavior associated with a disability-diabetes--as intoxication. Mr. Battles was beaten and arrested. As part of the settlement of these cases, the City agreed to provide training in the recognition of persons with disabilities.

In more recent years, the Law Center filed McArthur v. City of Harrisburg on behalf of a man with autism who possessed limited communication skills. On two separate occasions, Mr. McArthur was arrested by Harrisburg Borough police officers when his disability-related behavior was interpreted as resisting arrest. Other plaintiffs in the matter included the ARC of Pennsylvania and Autism Support and Advocacy. Settlements of these cases resulted in new training policies for Harrisburg officers.

The Law Center recently represented a man with epilepsy and the Epilepsy Foundation of Southeastern Pennsylvania in an action against the police department of Darby Borough and other emergency responders in Parks v. Darby Borough. The suit alleged that Mr. Parks was forcibly subdued when he called for assistance during a seizure. Unfortunately, a jury failed to find in this matter that there was any violation of Mr. Parks' civil rights under the American with Disabilities Act (ADA), the Rehabilitation Act or the Pennsylvania Human Relations Act. Because the evidence presented at trial, including the Borough's own testimony, established that it failed to conduct a self-evaluation for police officers who respond to 911 medical assistance calls from, or on behalf of persons with disabilities, the Law Center filed a motion asking the Court to either grant a new trial or injunctive relief to enjoin Darby Borough to ensure that all of the police officers it employs receive training in the recognition and proper management of seizure patients. This motion was denied in the fall of 2004.

While this motion was denied, the settlement agreement reached by the Law Center with the Pennsylvania Municipal Police Officers Education and Training Commission, another defendant in this matter, resulted in the training of twenty thousand police officers in Pennsylvania in how to recognize persons with disabilities and how to interact appropriately with them. The training curriculum used by the Commission was developed with the participation of advocates of persons with epilepsy, autism, mental retardation, Alzheimer's disease and physical disabilities. In 2003, this curriculum was adopted by the F.B.I. for use in its training programs.

The Law Center presently is collecting data to evaluate the overall effectiveness of police training obtained through litigation in Pennsylvania.

The Law Center's Barbara E. Ransom has been working with advocates and advocacy organizations for over a decade to require law enforcement to implement effective training programs. In 1999, Ms. Ransom served as project manager for a Pennsylvania Developmental Disabilities Council grant to support a coalition of advocates, CADRE, in its effort to obtain passage of a bill that would have required training on the identifiable characteristics and appropriate treatment of persons with disabilities. While this effort was not successful, Ms. Ransom continues to advocate for change at the systemic level and provides training to persons with disabilities throughout the country, as well as internationally, around effective self-advocacy strategies and their rights under the American with Disabilities Act and other federal and state laws.

The Law Center is not alone in accomplishing the goals of its mission. We have, and continue to work with, those organizations and individuals who understand the importance of this issue. One such organization is the ARC, a national organization with a network of state and local chapters. The ARC publishes brochures, fact sheets and resource lists on the topic of people with developmental disabilities who encounter the criminal justice system as witnesses, victims, suspects, defendants or inmates. Several of the state chapters have developed criminal justice projects such as CAVNET (Communities Against Violence Network) which consists of an international network of professionals addressing domestic violence, sexual assault, rape, incest, stalking, crime victims with disabilities and human rights, bringing together law enforcement, judges, clergy, lawyers, social workers and other human rights advocates.