"Can a Symbol Help Stop the Harm – Disability Designator ID and Disability Deaths" – PART THREE:

CONTENT WARNING (CW): the events and videos of events may be disturbing to some.

In this segment, I'll be talking about the stories that, aside from personal experience, inspired me to write this series. You'd be surprised how many are unaware of, or just don't care about the damage, death and injustice thrust on the people and their families, solely because they were disabled. Though I view the IDA as an ally and see some value in their NDID program, I do not think a symbol, or Disability ID alone, will stop this plague. Is it coincidence that all of these stories are from the same state… or is it an indication of a culture of hidden hate and Ableism.

September 2019: After parking his car, Brady Mystic was walking into a laundry mat when the lights of a police cruiser focused on him. Two Idaho Springs Colorado police officers, Hanning and Summers, began shouting commands at him to "get back in [his] car". One of the officers tackled him and the other tasered him. The officers claim they witnessed him run a stop sign, beat him, later claiming he resisted arrest and assaulted one of the officers.

When he saw police lights pointed at him, Brady Mystic stopped walking but, had no idea if he was the subject of this attention. Blinded, he could not see, nor could he hear their commands for several very valid reasons. Brady is completely deaf in both ears, verbally limited, predominantly communicates with sign language and does not read lips. He raised his hands in a nonthreatening manner" to communicate his hearing impairment when police tackled, tasered him and beat him. During the attack, he again attempted to make them aware of his disability saying "No ears… No ears" to which, officer Summers responded with a second jolt from her stun gun. He was also falsely accused of assaulting an officer because, during this vicious attack, officer Hanning "had caused himself to break his own leg/ankle".

Brady Mystic then spent the next four months in jail, where his ADA and civil rights were also violated repeatedly. The officers involved, Hanning and Summers, have been accused of, and sued for, use of excessive force in other incidents, one involving a 75-year-old man in his own home. Officer Summers remained on the force but, Mr. Hanning, was fired for that incident.

Idaho Springs PD responded with a rebuttal posted to the website claiming Mr. Mystic approached the police vehicle and was the aggressor, calling it an "attack". An obvious attempt to cover up this heinous act. Where's the body footage? Initially, the only footage provided was from Ofc. Summers body cam at the hospital. The video of the actual event is linked below. Ultimately after four months, the charges were dropped and Brady was released. All this because he was deaf and allegedly ran a stop sign.

The suit against the officers claims "the shocking use of unnecessary police force and wrongful incarceration of a deaf man whom the Defendant officers rashly attacked after failing to recognize his disability and misinterpreting his non-threatening attempts to see and communicate as challenges to police authority."… "...which caused the man to unjustifiably spend months in jail without appropriate accommodations to help him communicate that he was, in fact, the victim.". This type of aggressive, manipulative and rash behavior by authorities is not uncommon in the state of Colorado and, is not limited to this incident. Idaho Springs PD was also at the scene of another more recent murder by police in the next segment.

July 2018: In Aurora Colorado, 73 year old Richard Gary Black Jr. discovered a home intruder that was drowning his 11-year-old grandson in the bathtub. The Vietnam veteran, and recipient of a Bronze Star and Purple Heart, also lived with "significant hearing impairment". When police arrived in response to a 911 call from Black's wife, police observed Gary Black inside his home, holding a flashlight and a legal handgun, attempting to protect his family. Officers shouted aggressive commands for him to drop the weapon but, it seemed obvious he did not hear them. Within 24 seconds of the command, an Aurora officer in the driveway, shot Mr. Black in his home through the open door. Gary died at the hospital a short time later.

This was the second shooting incident in 34 days, involving the officer who killed Mr. Black. The investigation into that June 27th incident, had not even been completed yet. Why was this officer already back on duty? According to one publication, in a press conference three days after the shooting, "...Aurora Police Chief Nick Metz essentially argued that the actions of Richard "Gary" Black Jr., ...caused an officer to fatally shoot him." Mr. Black's hearing impairment seemed to be downplayed and, was even omitted from reports by at least one national networks local affiliate. No charges were brought against the officer.

Aurora has seen multiple incidents of excessive force by police killing people with disabilities, and many without. According to policescorecard.org, Aurora has had "More Police Shootings per Arrest than 52% of Depts". The city's police force was also the subject of a "investigation in which the state's Atty. Gen. found a "pattern and practice" of "using excessive force," and of "failing to document stops as required by law.". The investigation concluded that Aurora PD had broken state and federal law and violated the civil rights of its residents through its policing of minorities.". As a further example of this, the department is facing approximately $14 million in lawsuits stemming from their actions during the George Floyd protests in Denver.

There's also the story of Andre Williams who was tackled, punched in the head and then tasered by police while having a seizure in September 2018. Williams was not the first time Aurora police had harmed someone having a seizure. In 2010, Rickey Burrell was having a seizure prompting his partner to call 911. Upon arrival, two Aurora officers knelt on his back while he was lying face down in his bed, dragged him outside (in winter) wearing only his underwear and, ultimately broke his arm. As part of a 2013 settlement, Aurora was mandated to provide “annual seizure-related training to all of its peace officers by July 2013,” They discontinued that training program in 2016.

Before finishing this series with what is, perhaps, the most famous case involving Aurora PD, I'll be covering a recent case that happened elsewhere. One of the officers in that case was charged with second-degree murder among other offenses. In any of the cases, a Disability ID card would most likely have changed nothing.

OutOfExile­_IDR ™ – © 2023

Brady mystic, deaf man tased and beaten: https://www.npr.org/2021/09/29/1041562502/deaf-man-tased-police-colorado-lawsuit

Brady Mystic and others violated by the same officers: https://lawandcrime.com/lawsuit/two-cops-being-sued-over-tasing-of-elderly-man-face-new-lawsuit-for-arrest-of-deaf-man-who-couldnt-understand-their-commands/

Claim: Notorious Cop Broke His Own Leg While Abusing a Deaf Man: https://www.westword.com/news/deaf-colorado-man-brutal-arrest-lawsuit-nicholas-hanning-brady-mistic-12438119

Body Cam Footage from Brady Mystic Incident: https://www.nbcnews.com/video/bodycam-shows-moments-a-man-who-is-deaf-was-arrested-by-idaho-springs-police-officers-122222661744

Richard (Gary) Black's Actions Led to Police Shooting Death, Aurora Chief Says: https://www.westword.com/news/richard-blacks-actions-led-to-police-shooting-death-aurora-chief-says-10616465

No Mention of Victims Hearing Impairment in News Report (with body cam footage): https://www.9news.com/article/news/crime/no-criminal-charges-for-officer-who-shot-and-killed-homeowner-defending-his-family/73-620524248

Disability is a Hidden Side of Police Violence Epidemic: https://www.vox.com/2016/10/4/13161396/disability-police-officer-shooting

Link to part one: https://kolektiva.social/@OutOfExile_IDR_Voice/110710011783405013

#disability #DisabilityRights #equality #change #InvisibleDisabilityRights #NationalDisabilityID @invisibledisabilitiesassociation #accommodation #understanding #DisabilityCommunity #SpeakUp4Change #DisabilitySolidarity #ActuallyAutistic #TBI #HearingImpairment #aphasia #OCD #MentalHealth #decency #respect #dignity #SocialJustice #StopKillingUs #TearDownTheWall
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"Can a Symbol Help Stop the Harm – Disability Designator ID and Disability Deaths" –Part one:
(Approx 7 Min. read)

In May, New Jersey passed bill S761, joining 12 other states in creating a "disability identifier" state ID program. With much of the media focus on autism, the law allows some with other disability related communication issues, to have an "official indication of their diagnosis", "notated" on their state issued ID. As a part, NJ will create "guidelines" for law enforcement to better accommodate people with invisible disabilities, through understanding and proper communication; rather than aggression, force, and unfounded assumptions of perpetration. Unlike other states, the NJ legislation appears to exclude many with disabilities and lack forethought regarding the medical privacies of participants.

Even with the positives of various state actions, some feel these efforts may be futile, or accompanied by inherent negatives. Here, I'll be providing details on some of these programs, their potential negatives and, in part two, the reasons for creating them. The focus will be on the tragic stories of some victims that ultimately inspired Invisible Disability ID programs. People, like Elijah McClain and others, whose wrongful deaths resulting from interactions with police and first responders, brought national attention to this epidemic. The harm and loss of life at the hands of those there to serve and protect, is a horrifying thought to many with invisible disabilities, their loved ones; and should be, to anyone of decency.

Alaska, was the first to pass disability ID "designator" legislation with two laws that seem to respect the medical privacies of' disabled citizens. Their "Disability Designator", is a "discrete symbol" on licenses, indicating a "medically verified cognitive, mental, neurological, or physical disability; or a combination thereof". Alaska and other states, use the Invisible Disabilities Association's (IDA) "i" symbol as the "designator". The reasoning behind this optional indicator is the same; to enlighten police and first responders, when they may view a person's communication or behavior as "different" or "unusual". Again, the goal is to prevent escalation and, as in many cases, harm to the individual with disabilities.

Utah's disability designator, is a symbol on a sticker affixed to the ID. As in other states that use a symbol, Utah's program offers more medical confidentiality. It indicates only, that the person has a disability, without revealing diagnosis or specifics. In comparison with NJ's "notation of diagnosis", this seems much less intrusive. Utah's list of "examples of disabilities" covers any physical or mental health issue "that may interfere with the ability to communicate with a law enforcement officer". The list is much more inclusive of all disabilities than the narrow scope of the NJ law, even including diabetes, heart conditions and drug allergies.

The Invisible Disabilities Association (IDA) in Colorado, is a nonprofit organization that spearheads the effort to create the "National Disability ID" (NDID) symbol program. They advocate nationwide with state and federal government, and were part of the 2022 federal identifier bill, HB–7217. Unfortunately, that bill died in committee. The IDA logo, a blue lowercase "i" shaped like a vertical Nike-style "swoosh", is used as Colorado's DL disability identifier as well. They began issuing their NDID–National Invisible Disability ID cards, prior to the passing of any legislation. Below, is an IDA link where people with invisible disabilities can obtain their own NDID, or "International Invisible Disability ID" card with little effort or personal information.

Following Alaska, Colorado passed House Bill HB21–1014, making them the second state to pass "Symbolic" legislation which, also uses the wording "discrete" indicator. The law requires that the symbol on state identifications, must represent all types of disabilities under their program, in a state where history vividly illustrates the need for some type of solution. Colorado police and first responders have been responsible for causing the wrongful deaths of numerous people with invisible disabilities, attracting national attention more than once. The stories covered in part two, include several involving the same police force.

Potential Concerns:

In regard to the NJ action, the following phrase appears in the legislation:
"the chief administrator shall indicate the autism spectrum disorder or communication disorder diagnosis by notating such information on the person's driver's license ...under the column designated for restrictions".

There are many disabilities accompanied by communication limitations, that are not associated with autism, or (as NJ puts it) a "communication disorder". There are also aspects of disabilities, unrelated to communication, that can influence interactions with law-enforcement. Anyone of these may have been a factor in the known examples of police escalation causing harm or death to innocent people. NJ should consider this, designing their law to be more inclusive and respectful of the rights, privacies and protections of its disabled population.

Broadcasting diagnosis on one's license is another concern to some, and raises some questions. How much protected medical information will appear in the NJ "notation"? Will the DMV gather medical history and driver's diagnosis' for its citizens with disabilities, then add unnecessary or unfounded "restrictions" to their licenses? With varying degrees of any disability, a generalized "notation of diagnosis" could present a lot of obvious undue challenges or barriers for many drivers with disabilities.

Aside from police and first responders, there are others that may see the "notation of diagnosis" or identifier symbol on an individual's ID. Identification is shown to many people, including those at stores, restaurants, nightclubs, and hotels. Some stores even scan IDs when "proofing", essentially compiling a database of the information contained in license barcodes. Some feel that individuals could be targeted for discrimination, harassment, exploitation or abuse by corporations, employers, ablests or other unsavory individuals.

For those who do not want the identifier on their license, these reforms may do little. If an individual without the voluntary "identifier" advises police they are disabled, will they be accommodated according to said guidelines? For those with the identifier, these changes are only as good as those who implement them. Will the guidelines and training be designed to actually accommodate or, be just another hollow disability regulation, created by oblivious abled politicians.

Will police abide by the guidelines? Body cams were implemented to prevent misconduct and create accountability. However, frequent claims by police that cameras "fell off", leave many feeling they were intentionally removed to obviate the recording of their transgressions. Will a symbol on a driver's license prevent such unnecessary harm to the disabled? Colorado's designator law passed two years ago but, another murder of someone with invisible disabilities occurred last fall. The individual, experiencing an obvious mental health crisis, called for police assistance after becoming stranded and, was ultimately shot. The many recurring incidences may cause anyone to ask; is the motto to "serve and protect", or to harm and kill?

In part two, I will focus on the people with invisible disabilities, autism, mental health challenges and hearing impairment, that were harmed or murdered by police and first responders. Unfortunately, we cannot ask many of those individuals if they feel a symbol on their license would've changed anything. With all the people that have been lost unnecessarily, this is no longer a #DisabilityCommunity issue – It's something everyone should be standing against.

OutOfExile­_IDR ™ – © 2023

Identification card from IDA: https://invisibledisabilities.org/national-disability-id/national-disability-id-card/

For more on "National Disability Identification" (NDID): http://www.ndid.help/

NJ S761 bill: https://legiscan.com/NJ/bill/S761/2022

Alaska disability designator – GOVERNMENT SITE: https://doa.alaska.gov/dmv/akol/designator.htm

Utah's list of "examples of disabilities" –GOVERNMENT SITE: https://dld.utah.gov/invisible-condition/

Federal Bill – US HB-7217: https://legiscan.com/US/bill/HB7217/2021

"Invisible Man" image by Nangreenly: https://pixabay.com/users/nangreenly-10829698/?utm_source=link-attribution&utm_medium=referral&utm_campaign=image&utm_content=3843385

#disability #DisabilityRights #equality #change #InvisibleDisabilityRights #NationalDisabilityID #InvisibleDisabilitiesAssociation #accommodation #understanding #DisabilityCommunity #SpeakUp4Change #DisabilitySolidarity #ActuallyAutistic #TBI #HearingImpairment #aphasia #OCD #MentalHealth #decency #respect #dignity #humanity #SocialJustice #EndAbleism #stigmatude #TearDownTheWall

@actuallyautistics
@actuallyautistic @disabilityjustice @disability