The City has asked the Court to look at the NYPD’s response to mental health calls very narrowly, ignoring that all other people in New York who need help for a health problem actually receive health care instead of police officers at their door.
New York, NY – The U.S. Department of Justice (DOJ) filed a Statement of Interest in a lawsuit filed by New York Lawyers for the Public Interest (NYLPI), Beldock Levine & Hoffman LLP, A&O Shearman LLP, and Marashi Legal, in the Southern District of New York against New York City and Mayor Eric Adams to end the City’s discrimination against people with mental disabilities by dispatching police officers as first responders to mental health crises. The litigation is brought by advocates for disability rights as part of a long, hard-fought campaign to transform the response the City provides when people experiencing mental health crises need help.
The DOJ’s filing urges the Court to look at the City’s emergency response system as a whole and the way it singles out people with mental disabilities for police intervention when others receive necessary health care. In the litigation, the City continues to defend its discriminatory 911 response system despite the DOJ having weighed in on litigation in Washington D.C. and Jefferson Parish, Louisiana challenging the use of police as first responders when someone is experiencing a mental health crisis.
“The Department of Justice’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,” said Marinda van Dalen, Director of Litigation at NYLPI.
“The American with Disabilities Act (ADA) 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. New York City’s police response to 911 mental health calls denies these rights to people with mental disabilities,” said Luna Droubi, partner at Beldock Levine. “We are thrilled that the United States filed a statement to assist the court in evaluating the important legal issues raised in this case. This discriminatory treatment must end.”
“Everyone in NYC deserves emergency health response,” said Jenny Marashi of Marashi Legal.
Community Access, National Alliance on Mental Illness of New York City, Inc. (NAMI-NYC), Correct Crisis Intervention Today – NYC (CCIT-NYC), and Voices of Community Activists and Leaders New York (VOCAL) united forces in this ground breaking lawsuit against the City.
Currently, when the City receives requests for health emergencies, health care providers are sent. The exception is when there is a mental health emergency. In these situations, police arrive and typically escalate the problem, too frequently with deadly results. For example, this spring, police officers in Queens fatally shot Win Rozario, a 19-year-old, while he was experiencing a mental health crisis for which he had called 911 for help.
“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. “We need proper oversight and accountability in how our city handles crisis response. I commend the Department of Justice for submitting a statement of interest in this lawsuit as we strive for justice and move away from the criminalization of mental health emergencies.”
The DOJ’s statement squarely rejects the position taken by the City in the litigation. The City has asked the Court to look at the NYPD’s response to mental health calls very narrowly, ignoring that all other people in New York who need help for a health problem actually receive health care instead of police officers at their door. The DOJ says that the disability laws entitle people with mental disabilities to have equal opportunity to access the same emergency response services available to the general public.
You can find more information here: Baerga et. al v. City of New York, et. al, 21-CV-05762 (S.D.N.Y)
About New York Lawyers for the Public Interest
Founded in 1976 by leaders of the bar, New York Lawyers for the Public Interest is a community-driven civil rights organization that pursues justice for all New Yorkers. NYLPI works toward a New York where all people can thrive in their communities, with quality healthcare and housing, safe jobs, good schools, and healthy neighborhoods. In NYLPI’s vision, all New Yorkers live with dignity and independence, with the resources they need to succeed. NYLPI’s community-driven approach powers its commitments to civil rights and to disability, health, immigrant, and environmental justice. NYLPI seeks lasting change through litigation, community organizing, policy advocacy, pro bono service, and education.
NYLPI’s Disability Justice Program works to advance the civil rights of New Yorkers with disabilities. NYLPI disability advocates have represented thousands of individuals and won campaigns improving the lives of hundreds of thousands of New Yorkers. Our landmark victories include eliminating barriers to accessibility of the Empire State Building’s observation desk, increasing New York City Housing Authority’s accessible housing stock, and overturning the State’s denials of accommodations on the bar examination.
About Beldock Levine & Hoffman LLP
Beldock Levine & Hoffman LLP has been on the forefront of significant constitutional cases involving police misconduct, the First Amendment, and employment discrimination. The firm was responsible for the ground-breaking class action, Floyd v. City of New York, which successfully overturned the NYPD’s decade-long unconstitutional stop-and-frisk policy. Other notable representations include the family of Eric Garner, members of the Exonerated Five, George Whitmore, and Rubin “Hurricane” Carter.
About Marashi Legal
Marashi Legal is a Bronx-based boutique civil rights law firm that has, over the past thirteen years, handled over two hundred false arrest and excessive force cases. Jenny Marashi first became interested in police encounters with individuals experiencing mental health crises when she noticed that one third of her clients had diagnosed mental disabilities. The firm’s litigation strategy focuses on community engagement and transparency where stakeholders have a seat at the policy table. Marashi legal clients have been instrumental in leading litigation against failed polices including solitary confinement, discrimination, fabrication of evidence, lack of transparency, district attorney corruption, correction officer cover-ups, and abuse of process.
About A&O Shearman LLP
Equal access to justice is vital for a fair society, especially for indigent individuals and nonprofit organizations that have limited resources for legal services. At Shearman & Sterling, we believe that engaging in pro bono work is an essential aspect of every lawyer’s practice. Our pro bono practice is multi-jurisdictional, working to address issues around the world. We have a successful record throughout our history of producing practical results for community causes, achieved by combining outstanding legal skills with a deep belief in promoting social justice.
About Community Access
Founded in 1974, Community Access creates environments where people living with mental health concerns can build lives of their own choosing in the community. In addition to being one of the pioneers of supportive housing New York City, Community Access is also home to the acclaimed Howie the Harp Advocacy Center, NYC’s oldest and most comprehensive job training program for mental health peers, and delivers rights-based, person-centered health and wellness, treatment, supported education and crisis support programs that help more than 3,000 New Yorkers every year.
About Correct Crisis Intervention Today – NYC
Correct Crisis Intervention Today – NYC: Fighting to Transform Responses to Mental Health Crises was formed in 2012 to respond to the numerous deaths and injuries of individuals experiencing mental health crises that had occurred at the hands of the police. Our members include over 85 nonprofit providers, civil rights lawyers, family members, concerned citizens, and other advocates, as well as 600 people who have had personal experience with the mental health system and crisis services — the real experts.
About National Alliance on Mental Illness – NYC
For nearly 40 years, NAMI-NYC has served as a leading service organization for the mental health community throughout the city, providing groundbreaking advocacy, education, and support services for individuals affected by mental illness, their families, and the greater public, all completely free of charge. Our renowned peer- and evidence-based services are unique in that they are led both for and by members of the mental health community and are reflective of the diversity of New York City.
About Voices of Community Activists & Leaders (VOCAL-NY)
VOCAL-NY is a statewide grassroots membership organization that builds power among low-income people affected by HIV/AIDS, the drug war, mass incarceration, and homelessness in order to create healthy and just communities. We accomplish this through community organizing, leadership development, advocacy, direct services, participatory research and direct action.
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