The Committee on Advancing Racial Equity (C.A.R.E.) is a direct response to the numerous injustices and systemic failures brought to light by the May 25, 2020 murder of George Floyd.DRNY has made clear its stance in the community as an antiracist organization.  DRNY is committed to reflecting internally on matters such as bias, privilege, racism, and intersectional social change.  We are committed to fighting for racial justice as the P&A/CAP for the State of New York. Here you will find updates on the important work we are doing to address racism and racist systems. 

Please share your thoughts and suggestions with us at CARE@drny.org.

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April 4, 2024

Win Rozario was a 19-year-old Bangladeshi teenager who graduated from John Adams High School. He dreamed of a future in which he would join the military. He was a beloved son and brother.

On Wednesday, March 27, 2024, Win called 911 seeking help during a mental health crisis. Upon arrival, Win’s 17-year-old brother asked the two officers who responded to “be gentle” with him. Instead, while his mother was still hugging her son, and with his younger brother still in the room, Win was shot and killed by the very police who were supposed to protect him.

The ongoing disregard for the lives of those in crisis is a direct consequence of the insufficient care and resources available to those in need. Our family members are suffering due to the lack of support services. And in too many cases, young men, especially those of color, like Win, are killed at the hands of Police responding to their calls for help.

Our communities are in desperate need of support, and Disability Rights New York is dedicated to assisting policymakers who are working to create change. In March 2021, DRNY and the Mental Health Recovery Research and Nadal Racial Justice Research Labs at John Jay College of Criminal Justice published a joint report, Systems in Crisis: Identifying Critical Issues in Response to Mental Health Crisis Calls. This report analyzes the reasons calls for assistance during a mental health crisis too often result in death, trauma, and other adverse consequences for the person who needs help. 

It is well past time for our leaders to dedicate the time and resources needed to change this archaic non-approach to caring for our communities. We cannot and will not stand by while our community members with mental health diagnoses are subjected to violence and murder instead of receiving the necessary support during moments of crisis.

 

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May 4, 2023 - 
 
Jordan Neely was murdered in NYC on the F train Monday, May 1, 2023.
 
As the written accounts of this public, modern-day, lynching have been reported on, we are faced with the 4-minute-long video documenting Jordan Neely’s murder. Staring at our phones, and our laptops, scrolling through social media – we witness a murder. Jordan Neely’s life is extinguished on a reel, shuffled into the endless videos of food, dance, and comedy. One more video, one more Black man murdered.
 
It is clear in the footage that this man’s life, like so many other Black men, is not valued. No one on that train thought about his well-being, not one person thought about his life. Other passengers stand by and watch. Two passengers assist with the murder. One passenger is heard complimenting the assailant on his technique.
 
The reporting of this homicide further desecrated Jordan Neely’s life by the words that were chosen to be written. Jordan is referred to as a vagrant, unhinged, and a repeat offender. His murderer is referred to as a blond man, a straphanger, and even as a hero.
 
Jordan Neely was murdered on the F train on Monday, May 1, 2023. He was murdered by a White man. He was murdered in front of a live audience and his murder was then broadcast to the world. And although we are all witnesses to this homicide, there has been no arrest.
 
The continual messaging that both demonizes and dehumanizes people who have a mental health diagnosis, is feeding a public mindset that encourages fear and incites violence against them. We know this is true by the memorialized killing of Jordan Neely.
 
We must work harder to change policies that promote this mindset. We must work harder to protect those who are experiencing a crisis of health, a crisis of life. Jordan Neely was in crisis. He needed assistance, he needed food and shelter. He needed care. And despite all accounts that he was not violent, nor did he harm anyone, he was attacked and he was murdered.
 
Disability Rights New York is committed to being a resource to assist policymakers in order to affect this change. We cannot and will not stand by while the lives of our community members with mental health diagnoses are criminalized and murdered.

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May 16, 2022 

This past weekend, our world was shaken once again by senseless violence. The core of vicious disregard for human life was in Buffalo, NY, our own state. At 2:30 in the afternoon on May 14th, an 18-year-old white man opened fire in a supermarket. He had one intention: “to kill as many Black people as possible.”

Here we are today, writing yet another account of the murdering of more people, more Black people. Thirteen people were shot on total, eleven of them Black people.  The ten people who were killed were Black.

More mothers and fathers lost, more sisters, brothers, and children as well. Black lives were the targets. And theirs ARE the lives that are targeted again and again, every day in America. We mourn for all of the lives lost, and those impacted.

We mourn for and are outraged by the continued disregard for Black life and for the continued indifference to the daily threat to the lives of all Black people.

The victims of this tragedy woke up on Saturday morning with the intention of living. The intention of seeing, celebrating with, and being loved by their family and friends. But they never made it home to say one more hello, nor were they afforded the opportunity to say goodbye.

From youngest to oldest, their names are

Roberta A. Drury of Buffalo, N.Y., a 32-year-old daughter and caretaker who had two brothers and a sister.

Margus D. Morrison of Buffalo, N.Y., a 52-year-old father who was out buying snacks for a weekly movie night he had planned with his wife.

Andre Mackneil of Auburn, N.Y. a 53-year-old father who was picking up a birthday cake for his 3-year-old son that day.

Aaron Salter of Lockport, N.Y., a 55-year-old son and retired Buffalo police officer who was the security guard on duty at the supermarket that day. He died defending lives.

Geraldine Talley of Buffalo, N.Y., a 62-year-old woman who was grocery shopping with her fiancé.

Celestine Chaney of Buffalo, N.Y., a 65-year-old grandmother of six, and a breast cancer survivor.

Heyward Patterson of Buffalo, N.Y., a 67-year-old deacon, taxi driver, and father of three, waiting to pick someone up from the market.

Katherine Massey of Buffalo N.Y., a 72 year-old writer and published community gun violence activist.

Pearl Young of Buffalo, N.Y., a 77-year-old mother and long term substitute teacher who had been dropped off at the supermarket just after a prayer breakfast at church.

Ruth Whitfield of Buffalo, N.Y., an 86-year-old mother and wife who visited her husband in a nearby nursing home each day.

These ten Black lives were stolen by a white man who had planned on killing many, many more Black people. Along with countless other Black lives, theirs were cut short by the same deeply rooted racist system that has been allowed to grow and to flourish in our country.

There is not one more minute to waste. Not one more second should pass without not only addressing the need to, but more importantly, more urgently, actually doing something to protect our Black Families.

DRNY remains committed to calling out each and every one of these injustices whenever we learn about them and we will not stop working for change until change is made.

 

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February 10, 2022

On the morning of February 2, 2022, Amir Locke, a 22-year-old Black man, was asleep in a family member’s home in Minneapolis. Acting on a no-knock warrant that did not name Amir, police barged inside, found him sleeping next to a gun that he legally owned, and then fatally shot Amir.

Amir Locke is another Black man the police have killed.

Amir was a son, a brother, and a new business owner passionate about making music. His death is the infuriating result of racially unjust systems, policies, and practices. Another Black man’s life filled with family and potential, cut short by police and a system that is supposed to protect and serve all. However, this system has shown itself to be fatally biased against Black people.

The circumstances surrounding Amir’s killing further highlight the fact that there are two systems at play in today’s America. The “shoot first, ask questions later” systems have continually failed the Black community, and have instead systemically punished them, while protecting others in the process. This is a system that is consistently working against Black people, and it is clear that this is what this system was designed to do.

There is a double standard and it is white and black.

In 2021, a white teenager was acquitted of all charges after killing two people and shooting a third with a gun he was in illegal possession of, as he was only 17 years old.

We know there is a double standard because Breonna Taylor, a Black 26-year-old ER technician, posed no danger to the police in 2020 when she was shot five times in her own bed, unarmed. Breonna was, like Amir, a victim of the no-knock warrant. She died at the hands of police who were charged for shooting through the wall of an adjacent apartment, but not for Breonna’s killing. In this case, the wall was seen as the victim, and Breonna was not.

DRNY is committed to racial justice and will continue to call for systemic policing reform. We are firmly committed to the Black community. We will not waiver in our position on demanding accountability for violence and death perpetrated by law enforcement. Black lives matter.

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December 9, 2021

On December 1, 2021, Richard Lee Richards, a 61-year-old man who uses a motorized wheelchair, was fatally shot in the back and side 9 times by a Tucson police officer.  As a community, we once again mourn the death of yet another person with disabilities who died at the hands of police. 

The available video footage documents the disturbing events.  Mr. Richards was moving away in his power wheelchair when he was shot and killed.  The police officer then handcuffed Richard as he lay motionless on the ground.

There is no ambiguity in what happened here.  Mr. Richards was tried and then executed by the police for allegedly shoplifting.

These Officers must be held accountable.  We must dismantle the system that continues to employ a “shoot first, no time for questions” policy.  Disability Rights New York is alarmed by the continual dehumanization of people with disabilities and the pretense of policing that makes it possible.

DRNY remains committed to using our collective voice to call out each and every one of these injustices.  We will not stop working for change until change actually his made.

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September 27, 2021

In the wake of the widespread protests against systemic racism and violence in policing held in 2020 and 2021, city authorities around the country are taking the first steps towards justice. Police departments have started filing criminal charges against perpetrators of police brutality, and have also begun internal reforms in response to demands for accountability.

Earlier this month, a civil rights investigation into the killing of Colorado massage therapist and musician Elijah McClain unearthed evidence of substantial racial bias within the Aurora Police Department. The inquest revealed disturbing patterns of excessive force by police officers, particularly against Black people and people in mental health crisis. The three Aurora PD officers and two paramedics responsible for Elijah’s death have been indicted on assault and homicide charges, emphasizing a continued commitment to hold law enforcement accountable for its actions.

Similar indictments of law enforcement officials have taken place across the country. In Stockton, California, two police officers were indicted for the brutal beating of Black teenager Devin Carter. Devin’s attorney believes that the case “may be a reflection of increased awareness of police brutality and a growing consensus of the need for change.” Likewise, in Georgia, a former prosecutor has been indicted for criminal misconduct for helping to shield the two men who murdered Ahmaud Arbery in 2020.

The sheriff’s office in New York’s Albany County stands by its recent decision to fire the police officer caught on video making racist comments about the Black community. The arbitrator in the former officer’s appeal stated that racist behavior “indicates that the officer cannot be trusted to treat the public or fellow officers fairly and without bias.”

DRNY is encouraged by this trend towards increased accountability, however, the very fact that these indictments are rare and newsworthy is evidence that there is a long way to go toward achieving racial justice in policing. The violence has not stopped, and will not stop until accountability, equity, and compassion are at the center of every aspect of policing policies and practices.

Prosecutors and oversight agencies must also work to root out racism and corruption within law enforcement agencies. Additionally, cultural shifts within law enforcement agencies are necessary to create policing practices that help keep communities safe rather than contributing to an atmosphere of fear, mistrust, and violence.

DRNY is committed to racial justice and will continue to call for systemic policing reform and accountability for violence perpetrated by law enforcement.

 
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May 5, 2021 

Tragically, police action has once again resulted in the loss of more lives in recent weeks. Daunte Wright was a 20-year-old father looking forward to someday teaching his 2-year-old son basketball.  Ma’Khia Bryant was a 16-year-old girl in foster care hoping to eventually be reunited with her mom.  Mario Gonzalez was 26 when he was killed.  He was a fulltime caretaker for his younger brother with autism. The steady and senseless loss of life continues to provide overwhelming evidence that interactions between the police and BIPOC are too often lethal.  DRNY continues to call for immediate action to interrupt this threat and to ensure that everyone is provided equal protection under the law.

New York City has announced citywide expansion of a pilot program, briefly tested in three Manhattan precincts this Spring, that dispatches social workers and EMS personnel to mental health crisis calls designated as non-violent.

While DRNY supports New York City’s continued movement toward replacement of police as first responders on such calls for assistance, this new program fails to address many of the critical issues that continue to place people with mental health diagnoses and Black, Indigenous and People of Color (BIPOC) at risk. Critical factors not addressed by the new program include the need for coordinated and culturally competent training for all response team members, replacement of NYPD control over dispatch decisions and protocols, and analysis of the lessons learned during the brief pilot project.  

For a comprehensive review of factors to be considered by communities currently developing safe non-police responses to mental health crisis calls, DRNY encourages you to review our recent collaborative report: https://www.dropbox.com/s/im8ql1y0zlntyg3/2021.03.26F%20RAASIC%20Report.pdf?dl=0

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As we continue to see the coverage of the events from the recent murders in Atlanta, there are far too many attempts to take race out of the equation. The motivation for the crime is not singular. This terrorizing attack was motivated by several factors that are far too familiar to the Asian Community.
 
In the United States, Anti-Asian racism has a long standing history. What we are seeing now is the by-product of the “perpetual foreigner” sentiment that has gone unchecked for far too long. Through misinformation and rhetoric, our Asian American families have been targeted and blamed for the COVID-19 pandemic, for the virus itself and for the devastation that has followed. In New York City, Philadelphia, San Jose, Los Angeles and Cleveland, there has been a reported triple-digit percentage increases in anti-Asian hate crimes.
 
Although this virus has taken the lives of over 538,000 family members, from every state, every age group, every race and gender – our country has failed to come together. We have failed to support those disproportionately affected by this virus, and we are failing those who are being attacked and blamed for the virus itself.
 
It is up to all of us to actively condemn these attacks. We must work with our Asian American neighbors to end the violence while loudly and passionately addressing the systemic issues that continue to impact them.
DRNY is committed to racial justice and we will not stop working for change until change is made.
 
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March 1, 2021
 
Throughout last week, the families of two Black men and a Black child are being further victimized by the systemic racism that has prevailed in our country since its inception.
 
Late Tuesday evening, news broke that the Rochester Police Officers who killed Daniel Prude will not face charges. Daniel was in the middle of a mental health crisis and his family called for help. As we know, help did not arrive. Instead, Daniel ended up dead.
A grand jury chose not to indict any of the officers involved despite video that shows Daniel being handcuffed, having a hood placed over his head and a knee placed on his back as he struggled to breathe. They chose not to indict despite an autopsy report that includes “homicide from complications of asphyxia in the setting of physical restraint” as a cause of death. The refusal to press charges is a dismissal of the life of Daniel Prude. And that is unacceptable.
 
On Monday evening, the truth about 23-year-old Elijah McClain’s death was at last acknowledged by Aurora, CO officials after information from an independent investigation was released. The review’s findings showed that police and paramedics made significant errors during the incident that led to his death and further, they “stretched the truth to exonerate the officers involved.” This report comes almost a year and a half after Elijah went into cardiac arrest and fell into a coma, and was eventually declared brain dead.
In August of 2019, Elijah was attacked by the officers because of a 911 call reporting a “suspicious person.” The independent panel found that Aurora police and paramedics had no legal basis to stop Elijah, no reason to subdue him physically, and no basis upon which to inject him with 500 milligrams of the sedative ketamine. The internal investigation that followed was deemed a sham.
“I’m happy Elijah is no longer labeled a suspect, that he is labeled a victim,” said Elijah’s mother, Sheneen McClain.
 
And earlier in the day on Monday, a 13-year-old Black child was pinned to the ground with the arm of a Baton Rouge, LA police officer around his neck, as he was being arrested.
All within one week and more concisely, all within twenty four hours – from Rochester, to Aurora, to Baton Rouge – Black families are again suffering at the hands of those who are hired and sworn to protect them. As a community, and as a country, we must continue to address the ongoing and unanswered brutality leveled on our Black brothers and sisters.
DRNY remains committed to calling out each and every one of these injustices whenever we learn about them. DRNY will not stop working for change until change is made.
 
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February 2, 2021

City Launches ‘Person in Crisis’ Team to Provide Alternative Response to Behavioral Health Incidents

Rochester police pepper-sprayed a 9-year-old girl. Why didn't a crisis team respond?

This week has brought to light even more cruelty at the hands of police in this country.  This time against a child.  On Monday, video was released showing the Rochester Police Department chasing down, physically struggling with, and then arresting a 9-year-old girl on January 29, 2021.  The child was handcuffed behind her back, forced into the back of a police vehicle, and then was pepper sprayed in her face when she would not follow verbal commands.

At one point, an officer yelled at her, “You’re acting like a child!”  The girl yelled back, “I am a child!” 

The City of Rochester failed to adequately engage its newly formed “Person in Crisis” (PIC) Team.  First announced on January 21, 2021, Rochester stated in its press release that the PIC Team “will provide a compassionate, non-law enforcement emergency response to people experiencing emotional or behavioral turmoil.”  The 9-year-old child was not given the opportunity to benefit from this new service.  Instead, the police forced her to endure a frightening and traumatic episode that will stay with her forever.

In this case, a proper use of Rochester’s resources may have helped de-escalate the situation, and may have prevented physical and emotional injury to the 9-year-old.  No child should have to endure such harsh treatment.  Every person, whether child or adult, requires a proper response and specialized care when they are experiencing a mental health episode.

It is no coincidence that the call for help came just eight days after Rochester’s announcement of the PIC Team.  The emotional and behavioral turmoil the PIC Team is said to focus on is common in our communities.  And the child’s turmoil in this case should have been met with compassion, not unnecessary violence.  Incredibly, the Rochester Mayor has stated that this incident was not one in which PIC would have been called at all.  This is in spite of the fact that the police were responding to a report of “family trouble,” and that “officers were made aware that a 9-year-old […] was suicidal.”

DRNY vehemently opposes the excessive force and demands that there be an end to the violent treatment of children and adults with mental health issues at the hands of the police.  DRNY remains committed to calling out these injustices whenever we learn about them.  DRNY will not stop calling for change until change is made.

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January 10, 2021
 
In Texas, just 10 days into the New Year, another unarmed Black man was killed by police. Patrick Warren, Sr. is the latest fatality in the never-ending attack on unarmed Black people in America. As this list of human lives taken continues to grow, it is crucial that we know and we remember who this Black man was. He was a son, brother, husband, and father. He was a Black man experiencing a mental health crisis. His family called for help and instead of receiving the help he needed, he was shot by police on his own front lawn.
 
The familiar circumstances of Patrick’s death once again shine a light on the presumption that people with mental illness and Black men are inherently violent. We must recognize that Patrick’s death is one more example of the systemic failures Black people with mental illness face. And in the wake of this killing, another family and another community is dealing with the agony of loss.
 
Patrick’s family and community now join the numerous families and communities around the country who have also been stripped of their loved ones. The families of Andre Maurice Hill and Ernie Teddy Serrano are grieving the loss of these men at the hands of the police.
 
On December 22, 2020, Andre Maurice Hill was shot and killed by a Columbus, Ohio police officer while dropping off money to a friend. He held an illuminated cell phone in his left hand as he walked toward the police officer and was shot and killed. And on December 15, 2020, Ernie Teddy Serrano died after an all-too-familiar encounter with the police in a Riverside County, California supermarket. Like George Floyd, Ernie was held down at the neck by officers, and like Daniel Prude, a spit hood was over his head.
 
The loss of all of these men’s lives continues to provide overwhelming evidence that interactions between the police and Black, Indigenous, and People of Color (BIPOC) are too often lethal. DRNY calls for immediate action, as a nation, to interrupt the constant threat on our BIPOC citizens and to ensure that everyone is provided equal protection under the law.
 
DRNY remains committed to calling out each and every one of these injustices whenever we learn about them. DRNY will not stop working for change until change is made.
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December 9, 2020
 
On Friday, December 4, 2020, Casey Goodson Jr., was returning home from a dentist appointment when he was fatally shot, three times in the back, outside his home by a Franklin County deputy. Casey, a 23-year-old Black man, was murdered in front of his 72-year-old grandmother and two toddlers.
 
Those investigating this homicide allege conflicting reports about how and why this happened. The only certainty at this time is that a deputy shot and killed Casey.
Once again, we find ourselves reading about the murder of a Black man by someone who swore to protect and defend him, and not to shoot first and ask questions later.
 
Each and every time these reports come into our newsfeeds, across our desks and through calls and conversations, we must respond with the same outrage. We must stand united with each and every family and their communities in demanding answers.
 
DRNY remains committed to calling out each and every one of these injustices whenever we learn about them. DRNY will not stop working for change until change is made.

December 4, 2020

Good afternoon,

I hope you all are well and had a nice Thanksgiving holiday. Thank you for your valuable contributions and suggestions during our Listening Session two weeks ago.  As you know, DRNY is committed to fighting for racial justice in our role as the Protection & Advocacy System and Client Assistance Program for New Yorkers with disabilities.  In response to your request from the Listening Session, I would like to provide you with more specificity regarding DRNY’s expectations and goals.

  • We must be deliberate and intentional with the cases we bring, the investigations we undertake, the outreach and trainings we provide, and the reports we produce.
  • When we investigate abuse and neglect, we must analyze demographics to determine whether black, brown, indigenous and other underserved people with disabilities were targeted or disproportionately impacted, and if so, the reason(s) for that disparity. For example, in our collaboration with John Jay regarding police interaction in mental health cases, we will analyze how black, brown, indigenous and other underserved people with disabilities are treated in these situations.
  • We will conduct targeted outreach in black, brown, indigenous and other underserved communities to understand their specific needs, since they are not homogenous.
  • With the assistance of our CLC Task Force, we will develop and provide Know Your Rights trainings to promote empowerment of black, brown, indigenous and other underserved people with disabilities to be self-advocates.
  • We will prioritize resources to submit comments on policies and legislation that disproportionally impact black, brown, indigenous and other underserved people with disabilities.
  • We will engage in advocacy and litigation that advances and protects the rights of black, brown, indigenous and other underserved people with disabilities. For example, in the past we successfully represented a class of involuntarily committed individuals who only spoke Spanish, under both disability and Title VI racial discrimination theories.
  • We must challenge and prevent the intersectional oppression facing black, brown, indigenous and other underserved people with disabilities through the work that we do every day.

There is no doubt that we are collectively an impressive advocacy powerhouse. To that end, we are all charged with developing creative strategies and approaches to achieve these goals. DRNY has been consistently leading by example in many ways. This will be one more.


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October 28, 2020

Walter Wallace Jr., another Black man, has been murdered by the police. The videos that are being shared are difficult to watch, however, it is important that we expose ourselves to the truth of what is happening in our country, and in New York State.  Black people are dying at the hands of the police, and few people are as vulnerable as Black men with mental illness.  Part of our obligation as advocates is to expose others to these truths when they are otherwise unwilling to learn the facts for themselves.

Walter Wallace Jr.’s story is all too familiar, and one we are learning by heart: This man was in distress, and his family called for help, hoping for safe intervention.  Instead of deescalating the situation, when officers saw that Walter had a knife in his hand, they used guns to kill him.  Philadelphia, and cities like it, should be ashamed of justifying such force merely because it is common to do so.

And although Walter’s story is familiar, it is also uniquely his own.  Walter Wallace, Jr. was many things in addition to being a man with Bipolar disorder Walter was a son, a new husband and a father of nine with one more child to be born this week. And now he is gone.

Walter’s story is one that we are seeing play out week after week in this country, and because we are becoming accustomed to waking up to the news that anther Black man has been killed, we cannot lose sight of the fact that as common as these killings are, they are not normal. 

DRNY remains committed to calling out each and every one of these injustices whenever we learn about them.  DRNY will not stop calling for change until change is made.

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September 24, 2020: There was no justice for Breonna Taylor today. These indictments hold no one accountable and have reduced her life to that of a wall in an apartment. The officers who killed her should be held accountable for their actions. We must acknowledge that our system of justice is broken. We must do better. DRNY stands with Breonna Taylor and her family.

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September 18, 2020: DRNY is pleased to announce that Erica M. Molina, CAP & PABSS Director, has been appointed to the NYS Bar Association Task Force on Racial Injustice and Police Reform.

The Task Force was created in response to the numerous injustices and systemic failures brought to light by the May 25, 2020 murder of George Floyd. The mission of the task force is to understand the issues leading to police brutality and to provide recommendations to policymakers, law enforcement and the judiciary to end deleterious policing practices that disproportionately impact persons of color.

“I am honored to represent the disability community and to be on the Task Force.  The legal community bears huge responsibility in ensuring the rights of all people are respected, and I am pleased that the NYSBA has given voice to this cause.  To begin its dialogue with the community about police reform, the Task Force has arranged for multiple public forums to be held this fall.” – Erica M. Molina

“This is a step in the right direction. We can’t achieve reform of any kind without addressing the intersectionality of Race and Disability. We are happy that the NYSBA recognizes the need to have Erica at the table when these discussions and decisions are being made.” – DRNY Exec. Dir. Tim Clune

Letter of appointment


September 15: DRNY Celebrates Hispanic Heritage month

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September 11, 2020

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Dear Erica M. Molina:

I am pleased to confirm your appointment to the New York State Bar Association Task Force on Racial Injustice and Police Reform. Given the tragic circumstances leading to the creation of this Task Force, your duty is a particularly weighty one. I thank you for being willing to address one of the most challenging issues facing our society today.

Task Forces are critical to the work of the Association. They enable us to marshal stakeholders and leaders across the State to address specific issues. Your task will be to understand the impact of racial injustice on police practices and provide a report recommending ways to reform police practices to the NYSBA House of Delegates. Areas of possible reform include, but are not limited to:

1. examining and recommending changes to existing legislation and the proposal of new legislation;
2. the qualifications and training of law enforcement personnel;
3. monitoring of law enforcement activities including the use of body cameras and other data-gathering techniques;
4. internal law enforcement department practices that discourage or stop the reporting of misconduct by other officers;
5. the role of the Civilian Complaint Review Board and other similar entities in the identification and investigation of law enforcement misconduct; and
6. the prosecution of law enforcement misconduct cases.

Because Task Forces are integral to the work of the Association, we encourage and expect your active participation. Your participation also provides an excellent opportunity for you to meet colleagues from across the State with diverse experiences who share your passion on this important subject as well as a chance to engage in a lively exchange of ideas and information. I have also appointed Andrew Brown, President-Elect of NYSBA, and Taa Grays, former 1st JD Vice-President as Co-Chairs of the Task Force. They will be in touch with you in the next few days to set up our first planning meeting.

SMK Welcome Letter to Task Force on Racial Injustice & Police Reform

NYSBA membership is a prerequisite for service on Association Task Forces. As a member of the Task Force, you will be expected to know and adhere to the Association policies. If you are not currently a member, we ask that you enroll promptly. If that is problematic, please contact me personally and we can address the issue of your membership confidentially.

Please join the Task Force for the next general meeting of the Task Force on September 15, at 4:00 P.M. A calendar invitation will shortly follow this letter.

A roster of the members of the Task Force is included with this letter.

I deeply appreciate your willingness to serve on this Task Force and tackle the challenging issues with which you will be faced.

Sincerely,

Scott M. Karson, Esq.
President, New York State Bar Association

cc: Taa R. Grays, Co-Chair
T. Andrew Brown, Co-Chair
Adriel Colón-Casiano, NYSBA Liaison


September 10, 2020

Loretta C. Scott
Rochester City Council President, At-Large
30 Church Street, Room 301-A
Rochester, NY 14614

Re: Proposal for Collaboration Regarding Rochester Police Department Response to Calls for Assistance for People with Mental Illness

Dear Council President Scott:

DRNY is the federal Protection & Advocacy system for the State of New York, charged with providing legal advocacy, community outreach and education to and regarding the rights of people with disabilities. Our Rochester offices are located at 44 Exchange Boulevard. I write to make an offer of collaboration for the creation of a safer, smarter and more humane alternative for Rochester.

On behalf of the entire DRNY staff, I’d also like to express condolences and support to you and your colleagues on the Council as you process and respond to the tragic circumstances of Daniel Prude’s death.

As we both know, Joe Prude picked up the phone for one purpose: to seek help for his brother, a person with mental illness. It is DRNY’s position that the response to such a call cannot be the use of force and restraint by police officers who are armed with weapons, but without the insight and training to properly address manifestations of mental illness. As long as this remains the mechanism of response to such calls, the great potential for harm and tragic loss of life will remain.

These encounters pursuant to Section 9.41 of the Mental Hygiene Law are euphemistically referred to by law enforcement as a Mental Health Arrest. This characterization immediately begins a process that dangerously criminalizes the Daniel Prude’s of our community, who the statute is ironically supposed to protect. Words matter and influence behavior.

Our experience has shown that people with disabilities are the first to be impacted and the last to be considered. We must do better. We have a team of staff attorneys and advocates who have already begun looking at ways that Rochester can build such an alternative into existing structures for emergency response.

I am respectfully requesting that DRNY be part of the discussion with you and your colleagues to address these tragic events. I believe that in the context of such a collaboration, we can work together to create the model that is currently sought and critically needed throughout state and across the nation.

To that end, I and Marc Fleidner, the Director of DRNY’s PAIMI Program (Protection & Advocacy for Individuals with Mental Illness) and a member of our Committee for Advancement of Racial Equity would like the opportunity to begin the discussion. As a former Chief of the Civil Rights Bureau in the Brooklyn District Attorney’s Office, Marc is acutely aware of your comprehensive work on issues of police accountability.

I want to thank you for your commitment. I look forward to hearing from you at your earliest convenience to discuss this important collaboration.

Respectfully,

Timothy A. Clune, Esq.
Executive Director


September 10, 2020

Hon. Lovely A. Warren
City of Rochester Mayor
30 Church Street
Rochester, NY 14614

Re: Proposal for Collaboration Regarding Rochester Police Department Response to Calls for Assistance for People with Mental Illness

Dear Mayor Warren:

DRNY is the federal Protection & Advocacy system for the State of New York, charged with providing legal advocacy, community outreach and education to and regarding the rights of people with disabilities. Our Rochester offices are located at 44 Exchange Boulevard. I write to make an offer of collaboration for the creation of a safer, smarter and more humane alternative for Rochester.

On behalf of the entire DRNY staff, I’d also like to express condolences and support to you and your colleagues on the Council as you process and respond to the tragic circumstances of Daniel Prude’s death.

As we both know, Joe Prude picked up the phone for one purpose: to seek help for his brother, a person with mental illness. It is DRNY’s position that the response to such a call cannot be the use of force and restraint by police officers who are armed with weapons, but without the insight and training to properly address manifestations of mental illness. As long as this remains the mechanism of response to such calls, the great potential for harm and tragic loss of life will remain.

These encounters pursuant to Section 9.41 of the Mental Hygiene Law are euphemistically referred to by law enforcement as a Mental Health Arrest. This characterization immediately begins a process that dangerously criminalizes the Daniel Prude’s of our community, who the statute is ironically supposed to protect. Words matter and influence behavior.

Our experience has shown that people with disabilities are the first to be impacted and the last to be considered. We must do better. We have a team of staff attorneys and advocates who have already begun looking at ways that Rochester can build such an alternative into existing structures for emergency response.

I am respectfully requesting that DRNY be part of the discussion with you and your colleagues to address these tragic events. I believe that in the context of such a collaboration, we can work together to create the model that is currently sought and critically needed throughout state and across the nation.

To that end, I and Marc Fleidner, the Director of DRNY’s PAIMI Program (Protection & Advocacy for Individuals with Mental Illness) and a member of our Committee for Advancement of Racial Equity would like the opportunity to begin the discussion. As a former Chief of the Civil Rights Bureau in the Brooklyn District Attorney’s Office, Marc is acutely aware of issues of police accountability.

I want to thank you for your commitment. I look forward to hearing from you at your earliest convenience to discuss this important collaboration.

Respectfully,

Timothy A. Clune, Esq.
Executive Director


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September 3, 2020:

DRNY is deeply disturbed by the killing of Daniel Prude. DRNY recognizes Daniel’s death to be just one more example of the countless other deaths of Black people with mental illness because their lives are not valued.

On March 23, 2020, Joe Prude called 911 for help when his brother Daniel, a 41-year old Black man with mental illness, ran naked from Joe’s home. When Rochester police officers located Daniel, he was unarmed and alone. Daniel had not engaged in a single act of violence.

The police handcuffed Daniel behind his back and placed a “spit hood” over his head. Daniel was held face down to the pavement for two minutes, with one police officer’s hands on his head and another’s knees on his back. Daniel lost consciousness and paramedics were eventually called. Daniel remained hospitalized on life support for a week before being pronounced dead on March 30, 2020. The coroner determined Daniel’s cause of death to be “complications of asphyxia in the setting of physical restraint”.

Daniel died because of a horrifying chain of events that began when his brother tried the best way he knew how to get help for him during a mental health crisis. This tragedy only just came to light yesterday when the videotape of Daniel’s killing was made public.

The circumstances of Daniel’s death expose the failures of a system driven by presumptions that Black men with mental illness are inherently violent. They confirm the reality that interactions between Black people and the police are far too often deadly. They demand a searching review and dramatic change in a system that fails to recognize that Black lives and the lives of people with disabilities matter.
DRNY is encouraged that New York State Attorney General Letitia James is reviewing this case and that the officers involved have been suspended.

DRNY’s Committee on Advancing Racial Equality (CARE) and PAIMI Program (Protection & Advocacy for Individuals with Mental Illness), are resolutely committed to addressing the systemic failures that resulted in Daniel’s killing. We do so on behalf of our entire staff and in recognition of the persistent risk of harm faced daily by the people of color that we serve. We do so in the name of Daniel, Sandra Bland, and George Floyd, as well as all those too numerous to name.


June 18, 2020: DRNY commemorates Juneteenth and the end of slavery by recognizing it as a paid holiday. We must stand together, help each other and most importantly take action. DRNY will continue its fight for equality, inclusion and justice.

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June 1, 2020: Today marks one week since the murder of George Floyd. Today is also DRNY’s Anniversary of becoming the P&A. I want to be clear about who we are.

DRNY fights every day for equality, inclusion, justice, and human rights for everyone. However, our communities of color are hurting deeply. Our DRNY community is hurting deeply. I am outraged at the continual loss of life and persistent unequal treatment of people of color. We must stand together, help each other and most importantly take action.
 
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We stand in solidarity with the families and communities of George Floyd, Breonna Taylor, Ahmaud Arbery, and 
countless other black men and women whose lives have been taken. We stand together with our friends, clients, and colleagues of color.

We joined DRNY to be agents of change for today and for the future. It is only when the silent, good people come forward and be counted that society can change. Today, DRNY does both.

We will continue our work to end institutional racism and discrimination in all its forms. I want to hear from you. I am listening. I want to know how you are feeling and what I can do to be an ally.
 
Respectfully and sympathetically,
Tim Clune, Executive Director DRNY
 
 

 
October 14, 2019: We proudly celebrate Indigenous Peoples’ Day instead of Columbus Day every October. Celebrating this Day allows us to reflect on the historical scars of the past and the value of our native tribal nations.
 
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