The US Department of Justice (DOJ) on Friday published its conclusion that Oklahoma discriminates against people with behavioral disorders in violation of the Americans with Disabilities Act (ADA).
The DOJ found that Oklahoma unnecessarily places individuals with behavioral disorders in institutional settings for extended periods of time, isolating these individuals from the general community. These facilities include psychiatric hospitals and nursing or residential care facilities. The DOJ explained that Oklahoma does not provide enough alternative services to these individuals, leading to increased encounters with police and delayed treatment after problems have already escalated.
The DOJ concluded that Oklahoma City and the Oklahoma City Police Department (OKCPD) engaged in discriminatory conduct when providing crisis response services to individuals with behavioral disorders. The DOJ found that Oklahoma City and its police department were responsible for frequent police escalations or unnecessary use of force during police interactions with people with behavioral health conditions. The DOJ attributed the problem to the lack of behavioral health professionals used in these police interactions.
Kristen Clarke, Assistant Attorney General for the Civil Rights Division of the Department of Justice declared: “The Department of Justice is committed to working collaboratively with Oklahoma and Oklahoma City to ensure they implement the right services and support the needs of their communities and institute a lasting remedial plan.”
Title II of ADA prohibits public entities such as state and local governments from discriminating against people with disabilities, especially for participation in or benefiting from their activities. The DOJ found that the State of Oklahoma, Oklahoma City, and OKCPD are public entities. Federal regulations And case law require public entities to administer their activities by “allowing persons with disabilities to interact with persons without disabilities to the greatest extent possible.”
The DOJ’s investigation into Oklahoma public entities is part of a broader practice of investigating law enforcement agencies for any systemic problems. The DOJ has opened 12 investigations into law enforcement since 2021, including a recent one report on civil rights violations committed by police in Trenton, New Jersey.