(The Center Square) — The Biden administration is siding with advocates in a federal lawsuit against New York City, claiming that it is discriminating against its residents by sending police officers to deal with individuals with mental health issues.
The U.S. Department of Justice filed a “statement of interest” in the case, Baerga v. City of New York, in the U.S. District Court for Southern New York, pointing out that the Americans with Disabilities Act entitles people with mental disabilities to have “equal opportunity” to the same emergency response services available to the general public, such as heart attacks or strokes.
“The City has an affirmative obligation to modify its emergency response program when necessary to avoid discrimination on the basis of disability, unless it can demonstrate that the modifications would fundamentally alter its program,” the DOJ wrote in the court filing. “This may include dispatching a different type of response to an emergency call when necessary to avoid discrimination based on disability.”
The court filing comes in response to a 2021 lawsuit filed by mental health and disability advocates, which alleges that New York City routinely discriminates against people with mental illness by dispatching NYPD officers — not mental health specialists — to emergency calls where someone is undergoing a mental health crisis.
Marinda van Dalen, director of litigation at the New York Lawyers for the Public Interest, said the DOJ’s involvement “underscores the serious implications of allowing New York City, along with other communities across the country, to continue treating individuals experiencing mental health crises as if they were criminals.”
Lawyers for New York City have argued in court filings that the city’s policy on mental health-related calls to 911 “are consistent with the requirements of the constitution and federal and state law” and have urged the court to reject the complaint. They say using civilians to respond to mental health calls would expose first responders and members of the public to “unnecessary and significant, enhanced risks of harm.”
But advocates have cited the case of Win Rozario — a 19-year-old Queens man who was shot and killed by police after he called 911 for help with a mental health issue — as an example of how dispatching non-medical officials to diffuse mental health emergencies can have devastating consequences.
“When someone is experiencing a mental health crisis, they should be met by compassionate, well-trained mental health professionals — not police officers, whose involvement can too often escalate to excessive or even lethal force,” said Council Member Sandy Nurse, chair of the New York City Council’s Committee on Criminal Justice, which also supports the lawsuit. “We need proper oversight and accountability in how our city handles crisis response.”
Advocates argue in court filings that New York could provide people with mental disabilities an equal opportunity to emergency services by expanding its Behavioral Health Emergency Assistance Response Division, which offers non-police response to mental health emergencies.
“The American with Disabilities Act and other disability laws were enacted to ensure that people with disabilities are treated equally and have the same access to government programs and services,” Luna Droubi, an attorney for the plaintiffs, said in a statement. “New York City’s police response to 911 mental health calls denies these rights to people with mental disabilities.”
