By Peter Sleasman, Interim Executive Director, Disability Rights Florida
As the spread of coronavirus (or COVID-19) continues in Broward County and throughout the State of Florida, individuals with disabilities who are incarcerated are particularly vulnerable to serious injury or death due to COVID-19. Individuals with disabilities–who are disproportionately represented in the jail and prison populations–include those with certain health conditions, physical disabilities, developmental disabilities, as well as mental illness. As the protection and advocacy organization for individuals with disabilities in the State of Florida, we at Disability Rights Florida are deeply troubled by the conditions at the Broward County Jails and their potential impact on individuals with disabilities.
It is now well known that certain underlying health conditions are believed to increase the risk of death or serious complications due to COVID-19. Many of these health conditions qualify as disabilities under the Americans with Disabilities Act and other federal laws. Examples of such conditions include lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, hypertension, compromised immune systems (such as from cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease), and certain chronic respiratory conditions.
What is perhaps less well known is how other types of disabilities can impact the risk of illness or serious complications during this pandemic. Physical disabilities that impact an individual’s mobility may make social distancing impossible when close contact with care providers is required to assist with activities of daily living, such as showering, toileting, or dressing.
Moreover, individuals with mental illness, intellectual disabilities, and autism face other unique challenges that also place them at heightened risk. For example, individuals with mental illness experiencing symptoms of psychosis may not be able to understand or remember to follow recommendations to maintain a safe distance from others without frequent direction from trained providers. Individuals with intellectual disabilities may not be able to adequately communicate symptoms of illness, which could cause more serious illness due to delayed treatment and expose others. Individuals with autism may have sensory sensitivities that make wearing a mask for long periods of time or complying with a nasal swab test extremely challenging.
The above examples are certainly not an exhaustive list of the challenges faced by individuals with disabilities but do highlight why it is so important for jail officials to take appropriate steps to accommodate the diverse needs of incarcerated individuals with disabilities during this current pandemic. Unfortunately, the Broward County Jails have failed to take measures to accommodate individuals with disabilities and ensure their safety.
Like all other incarcerated persons, those with disabilities in jails and prisons are not free to take measures that can best protect themselves from COVID-19. An individual who is incarcerated cannot choose where to sleep, where to shower, when they are transferred to another cell or another facility, or how they are moved. They cannot buy or make their own mask. They cannot choose how to clean their own living quarters. And they cannot choose to be isolated or create for themselves conditions that will allow them to socially distance from others. Accordingly, it is the responsibility of the jail to ensure that individuals are able to take the steps and precautions needed to ensure proper prevention against a severe COVID-19 outbreak. The Broward County Jails have not taken these measures.
For these reasons, Disability Rights Florida joined the American Civil Liberties Union and American Civil Liberties Union of Florida in filing a class action lawsuit on behalf of individuals in the Broward County Jail. The goals of this lawsuit include improving conditions in the Broward County Jail to help prevent the spread of COVID-19 and the immediate release of medically vulnerable individuals at the jail – including those with disabilities – so that their already-heightened odds of contracting COVID-19 and falling seriously ill are not exacerbated. As the State of Florida’s protection and advocacy organization, we are committed to ensuring individuals with disabilities in Broward County’s jails are receiving the constitutionally required level of care