STOP POLICE BULLYING - USE THE ADA!

ABSENT INTENT OR AUTHORITY AS LEGAL ADVICE.

How can police bullying be stopped using the Americans with Disabilities Act (ADA)? Well, I’m glad you asked.

Since the ruling by the Supreme Court of the United States in Frazier v. Cupp allowing that law enforcement has the ability to use “deceptive” tactics (read: authorized lying) during interrogations, and since everything the police do is an interrogation in the way of investigating something”

~ Do you know why I pulled you over?

~ Can you show me your ID?

~Does __________ live here?

~Have you had anything to drink tonight (at a checkpoint)?

And so on, and so forth…

There is the plausible reality that cops are always able to lie. They are trained in this at their respective academy courses, and they role play with this, and depending on how many years they have been employed, every day is on-the-job-training for more advanced lying to deprive you of your right to be innocent until proven guilty.

They are experts at this. EXPERTS

How does ADA come into this?

Meanwhile, the general American populace, has no training on how to deal with pathological and, let’s not forget, legally authorized liars. Every person without law enforcement training goes about their day, dealing with all sorts of people, none of which have a SCOTUS protected authorization to lie to you, while demanding that you tell them the truth.

Let’s face it, we all lie. And while that is a part of our makeup as navigating the social construct, to have a single class of person (law enforcement) be authorized to lie to you with impunity, while simultaneously doing so for the SOLE purpose of extracting money (penalties) or for jailing you is not only ludicrous, it is unfair, immoral, and is most certainly a disability, as defined by the ADA.

Police Lies Create A Disability

The ADA defines a disability as a “physical or mental impairment that substantially limits one or more major life activities.”

Well, police lying to someone is an impairment that substantially limits the major life activities of communicating and interacting with others.

Police use the prohibited acts found in the ADA to further exacerbate this disability.

28 CFR §35.134 (Title II of the ADA) lists prohibited acts:

No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.

To seek equal access - as someone who is disabled by police being authorized to lie - is the right of every American.

And, hey, if the police lying to you and demanding that you tell them the truth is not a disability for you, so be it. It’s a disability for me, because it makes it impossible to communicate or interact with others fairly and impartially.

As I was typing this, the thought popped into my head that EVERY crime currently on the books, at least since Frazier v. Cupp, is a “conviction” (think about that word) that was obtained with the authorized variable of lying. How is that “impartial?” How is that fair? How is that equal application of the laws?

To make it worse:

This week, I came across a case where a mother of a young man with autism was arrested and subjected to a psychological evaluation because she was so concerned for the safety of her son. She sued…

The Second Circuit Court of appeals determined that the police were covered under the doctrine of “qualified immunity”… Qualified Immunity is a made-up doctrine, with no basis in the US Constitution. (Read it for yourself).

There was NO mention in this case (Guan v. City of New York) of disability rights, or anything relating to the ADA. That’s because they either were adjudicated (doubtful, if not raised on appeal) or they weren’t argued as a claim in the original complaint.

That means that cops are now given another nod to fuck with disabled persons and their caregivers/parents. THIS CAN BE AVOIDED THROUGH INVOKING AND USING THE ADA.

Removal of the right to sue under Miranda

I usually put a disclaimer on my articles, but this is NOT legal advice. With that said, SCOTUS, in Vega v. Tekoh, removed the right to sue because a Miranda warning wasn’t read before questioning. In my mind, this creates ANOTHER DISABILITY, because it substantially limits several life activities. It eliminates recourse for cops further coercing, intimidating, threatening and interfering, as well.

There are so many ways that these unfair and imbalanced rulings create disability that I could write a book.

But with the removal of this right, it is URGENT to acknowledge that the people have a right in the ADA, and MUST use it to:

~Strip state sovereign immunity, from which any other immunity flows. The ADA does this.

~ Demand that coercion, intimidation, threats, and interference cease.

~ Demand reasonable modification, which would include the requirement of honesty as a reasonable accommodation, and the demand for removal of coercion, intimidation, threats, and interference.

As for me, with a communication disability, it was easy to see that others have a communication disability that is caused by the authorized lying that occurs. It’s time for it to hit the mainstream.

Share this like Halloween candy.

P.D., JAY V SHORE, as Certified ADA Advocate

adarights [at] protonmail [dot] com