Why Disability Rights Florida is suing the Broward Sheriff ’s Office

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 and developmental disabilities as well as mental illness.

As the protection and advocacy organization for individuals with disabilities in Florida, we at Disability Rights Florida are deeply troubled by the conditions in 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 conditions qualify as disabilities under the Americans with Disabilities Act and other federal laws. Examples of such conditions are lung disease, heart disease, chronic liver or kidney disease (including hepatitis and patients on dialysis), 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 everyday activities such as showering, toileting or dressing.

Moreover, individuals with mental illness, intellectual disabilities and autism face other unique challenges that place them at heightened risks. 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.

Those 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 sensitivity that makes 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 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, 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. A person who is incarcerated cannot choose where to sleep or shower or decide how or when to be transferred to another cell or another facility. They cannot buy or make their own masks. They cannot choose how to clean their own living quarters. They cannot choose to be isolated or create for themselves conditions that allow them to

socially distance themselves. 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 has joined the American Civil Liberties Union and the ACLU of Florida in filing a class action lawsuit on behalf of individuals in the Broward County Jail (the

case, filed in U.S. District Court, is Cody Barnett et al and Disability Rights Florida Inc. vs. Broward Sheriff Gregory Tony).

The goals of the lawsuit include improving conditions in the Broward County jail to help prevent spread of COVID-19 and the immediate release of medically vulnerable individuals at the jail, including those with disabilities, so that their alreadyheightened odds of contracting COVID-19 and falling seriously ill are not made worse. As the state of Florida’s protection and advocacy organization, we are committed to ensuring that all individuals with disabilities in Broward jails are receiving the constitutionally required level of care.