The U.S. Department of Justice (DOJ) recently published findings asserting that the State of Oklahoma is engaging in illegal discrimination against individuals with behavioral health disabilities, in violation of the Americans with Disabilities Act (ADA). The report highlights that Oklahoma has been unnecessarily institutionalizing these individuals in psychiatric hospitals and various care facilities, effectively isolating them from the broader community.
The DOJ’s investigation revealed that Oklahoma provides insufficient community-based services, leading to increased encounters between these individuals and law enforcement. The escalating police interactions are aggravated by a significant lack of behavioral health professionals involved when responding to emergencies involving individuals with these disabilities. As a result, the DOJ pinpointed systemic issues of frequent police escalation and inappropriate use of force by the Oklahoma City Police Department (OKCPD) and attributed these issues to Oklahoma City and the OKCPD’s operational deficiencies.
Assistant Attorney General Kristen Clarke emphasized the DOJ’s commitment to collaborating with Oklahoma and its capital, Oklahoma City, to ensure they adopt suitable measures and resources aimed at addressing these issues. The overarching goal is to craft a sustainable remedial framework facilitating better treatment for individuals with behavioral health disabilities within community settings.
Under Title II of the ADA, discrimination by public entities, such as state and municipal governments, against individuals with disabilities is strictly prohibited. These entities are obligated to facilitate inclusive interaction between individuals with disabilities and nondisabled persons. The DOJ’s findings are informed by established case law and federal regulations mandating nondiscriminatory practices in public services.
This investigation into Oklahoma forms part of a broader DOJ initiative to identify systemic issues within law enforcement agencies across the nation. As of now, the DOJ has launched 12 such investigations since 2021, following a trajectory of similar findings, including a recent report on civil rights violations by New Jersey’s Trenton police force.