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1 1 (June 8, 2021)

handle is hein.crs/govedor0001 and id is 1 raw text is: Congressional ______ *Research Service Informing the Iegisltive debate since 1914 __________________ The Americans with Disabilities Act (ADA) and On-the-Street Police Encounters June 8, 2021 Introduction The Americans with Disabilities Act (ADA) mandates, as its core imperative, that both public and private sector entities offer reasonable accommodations in their policies and practices for those with disabilities. Courts have applied the ADA's Title II reasonable accommodation provision, which prohibits discrimination by public entities, to a broad array of public programs and services, ranging from use of city streets to municipal contracting to access to public benefits. Although the courts have consistently held that police departments are public entities and that Title II applies to at least some state and local law enforcement functions, the courts are split on whether the ADA's reasonable accommodation requirement applies to on-the-street encounters with law enforcement officers, such as use-of-force situations or arrests. A 2015 Supreme Court case, City of San Francisco v. Sheehan, promised potential resolution of this issue, considering whether Title II required law enforcement officers to accommodate an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. But that case was ultimately resolved on other grounds when the city dropped its appeal as to the ADA question. Now, more than five years later, the lower courts are still in conflict about how police must handle encounters with individuals with disabilities. This issue has drawn attention again as some Members of Congress have pushed for alternative policing techniques, such as training in de-escalation tactics. This Legal Sidebar provides background on Title II of the ADA, reviews the case law applying the ADA to law enforcement activities, discusses the circuit split on the ADA's application to on-the-street police encounters, and surveys relevant legislation introduced in the 117th Congress. Title II of the ADA Congress enacted the ADA in 1990 as a national mandate to eliminate discrimination against individuals with disabilities and to ensure that the Federal Government plays a central role in protecting those individuals. The ADA prohibits discrimination in several areas of public life, including employment, public accommodations, and, as relevant here, public services. Title II prohibits public entities from discriminating against persons with disabilities. Specifically, 42 U.S.C. § 12132 provides Congressional Research Service https://crsreports.congress.gov LSB10606 CRS Legal Sidebar Prepared for Members and Committees of Congress