LEGAL Currents

Americans with Disabilities Act (ADA) Reasonable Accommodations at Risk

By Steven Bruce, PWDF Legal Director

Can someone with a severe mental illness use an ADA requirement for a reasonable accommodation in a civil trial against a police department for events that occurred during an arrest for transportation to the county hospital for a 72-hour involuntary psychiatric admission?

This is the issue in a case the City and County of San Francisco has asked and the U.S. Supreme Court has agreed to hear.  Sometimes individuals with mental disabilities stop taking their medications.  In this case, a plaintiff in a civil rights case against the San Francisco Police Department decompensated and her county mental health social worker asked the police department for assistance transporting her to the hospital because she had threatened him with a knife.

After the two police officers arrived, they called for backup assistance, ensured the residential home was cleared, then upon entering her bedroom a second time, broke her door down and pepper sprayed her. The officers then fired five shots, with three of them hitting her.  See PWDF’s article about this case here PWDF Requests City and County of San Francisco Withdraw Its Appeal of Sheehan to the US Supreme Court and read PWDF’s letter to the San Francisco City Attorney, Dennis Herrera, asking him to drop the case here: PWDF Sheehan v. SF letter.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating

501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.