ARLEG

Disability community opposes Senate Bill 24, “Stand Your Ground”

Marble steps leading to the state senate chambers.

Disability Rights Arkansas Executive Director Tom Masseau has signed onto the following letter, along with people with disabilities, their families, and disability advocates from across the state, regarding our shared opposition to Senate Bill 24, more commonly known as the Stand Your Ground Law.

Download a PDF of this letter here.

Dear Honorable Members of the House Judiciary Committee:

In the coming days, you will be charged with reviewing and voting on Arkansas Senate Bill 24 (SB
24), better known as “Stand Your Ground” legislation. As you prepare for this responsibility, you will
hear from many Arkansans and groups representing Arkansans concerned about the danger SB 24
poses to specific populations in our state, including Black Arkansans and law enforcement. There is a
substantial amount of research, data, and case evidence to suggest that SB 24 would create a more
dangerous environment for each of these groups and others.

Passage of SB 24 presents a significant threat to the safety and wellbeing of Arkansans
with disabilities and the people who support them. As representatives of the disability
community in Arkansas, we ask you to consider the following as you make a decision about the
vote you will cast on SB 24:

  • Individuals with Intellectual and Developmental Disabilities, Autism, communication
    disabilities, physical disabilities, neurological disabilities, and psychiatric disabilities often
    communicate and engage in social interactions that are frequently misunderstood and
    misinterpreted by people who are not familiar with them. Without a legal duty to retreat,
    misinterpretations and misunderstandings of these engagements pose a major threat to the
    safety and wellbeing of individuals with disabilities.
  • In 2006, Joseph Erin Hamley, an Arkansas man with Cerebral Palsy was shot and killed by
    law enforcement officers when the physical limitations of his disability caused his movements
    to be perceived as threatening gestures and an imminent threat.
  • In 2013, Ethan Saylor, a Maryland man with Down Syndrome was killed by law enforcement
    when he refused to leave a movie theater at the end of his movie and resisted aggressively
    as his support provider warned that he would.
  • In 2016, Charles Kinsey, a Florida Direct Support Professional supporting an individual with
    Autism to deescalate during a crisis situation was shot by law enforcement officers when his
    interaction with the person he supported was misinterpreted as a threat.
  • In all three situations, skilled law enforcement officers, trained in assessing imminent danger,
    were unable to accurately interpret the interactions of people with disabilities resulting in
    serious injury and death. The expectation that unskilled and untrained citizens will be able to
    better assess a perceived threat and make a decision to use lethal force in similar situations
    without the obligation to retreat when they can safely do so is problematic and dangerous
    for people with disabilities and the people who support them.

As Arkansans with disabilities, family members of Arkansans with disabilities, disability provider
agencies, and disability advocates, we are deeply concerned about the serious consequences the
passage of SB 24 would have on the entire disability community in Arkansas. We ask that you
consider the safety and wellbeing of all Arkansans with disabilities and the Arkansans who them
as you cast your vote on Arkansas’ “Stand Your Ground” legislation and vote “NO” on SB 24.

Respectfully,

Tom Masseau
Executive Director
Disability Rights Arkansas

#ARLEG Update – 1/13/2021

Ready…set…GO. The 93rd Arkansas General Assembly is under way!

Child boy protest in front of the USA capitol in Washington holding sign saying disability matters
Child boy protest in front of the USA capitol in Washington holding sign saying disability matters

The 93rd General Assembly convened this week for their regular session. This group of legislators will consider thousands of bills and make hundreds of laws. They will make decisions that affect you, your family, and your community on a daily basis.

During the legislative session, we’ll work to keep you informed. We’re tracking bills on issues that are important to the disability community. We’ll let you know what’s happening at the Capitol, what bills are coming to a vote, what those bills would do, and how they will impact the lives of Arkansans with disabilities.

But it’s also important that you GET INVOLVED. Legislators will make decisions every day that affect your life and the lives of people you care about. Your voice matters. USE IT.

  • Find out who represents you. Let them know your concerns.
  • Do your homework – learn about the issues and make sure your senator and representative have the information they need to do their jobs well.
  • Keep an eye out for DRA Calls to Action, and contact your legislators when important bills are up for a vote. They work for YOU, and they need to hear from you.

Our legislators often don’t have the perspective you have. When you share your experience, you help lawmakers better understand the implications of the bills they’re considering on people with disabilities.

And always remember, there’s strength in our numbers. We can make Arkansas a better place for people with disabilities. But it will take ALL of us, working together.

Our Legislative Priorities

  • Advance legislation allowing for supported decision making as an alternative to guardianship.
  • Eliminate fees and fines for juveniles going through the juvenile justice system.
  • Increase penalties for crimes committed with the intent to harm someone based on race, religion, gender identity, sexual orientation, national origin, homelessness, disability, ethnicity, color, ancestry, service in the United States Armed Forces, or sex.
  • Expand the voting rights of people with disabilities by eliminating the guardianship requirement.
  • Improve licensing standards within psychiatric residential treatment facilities (PRTFs).
  • Eliminate the excessive and harmful use of restraint and seclusion in educational settings.
  • Expand health care coverage for individuals with traumatic brain injuries beyond the age of 21.
  • Ensuring accountability of the PASSE system to consumers by enhancing evaluation procedures.
  • Ensure all Arkansans have access to housing by permanently funding the Housing Trust Fund.

Follow the bills we’re tracking here.

This week at the Capitol…

SB 3/HB 1020: HATE CRIMES BILL

Sen. Jim Hendren (R-2) and a group of bipartisan legislators have introduced Senate Bill 3 (its companion bill in the House, House Bill 1020, is being run by Rep. Fred Love (D-29). This bill would allow the state to seek increased penalties by no more than 20% for crimes where an offender targets a victim based on the victim’s race, ethnicity, national origin, gender identity, sexual orientation, disability, religion, homelessness or military service.

Arkansas is one of only three states without some kind of hate crimes legislation. Governor Asa Hutchinson has expressed his support of this bill, as have many important members of the Arkansas business community, including Walmart, Tyson Foods, and the state Chamber of Commerce.

Disability Rights Arkansas unequivocally supports this bill, which would help protect people with disabilities and others, and make Arkansas a safer and more inclusive place.

CALL TO ACTION

This bill will be discussed TODAY (Thursday, 1/14) at 2:00 p.m. in the House Judiciary Committee. Contact the following
legislators NOW and tell them to make a Arkansas a safer and more inclusive place! Urge them to vote YES on HB 1020!

Carol Dalby | District 1 | carol.dalby@arkansashouse.org | @CarolDalby
Brandt Smith | District 58 | brandt.smith@arkansashouse.org
Stan Berry | District 68 | stan.berry@arkansashouse.org
Frances Cavanaugh | District 60 | frances.cavenaugh@arkansashouse.org
Nichole Clowney | District 86 | nicole.clowney@arkansashouse.org | @NicoleClowneyAR
Andrew Collins | District 35 | andrew.collins@arkansashouse.org | @andrewcollinsAR
Cindy Crawford | District 76 | cindy.crawford@arkansashouse.org
Cameron Cooper | District 44 | cameron.cooper@arkansashouse.org
Kenneth Ferguson | District 16 | kenneth.ferguson@arkansashouse.org
Vivian Flower | District 17 | vivian.flowers@arkansashouse.org | @RepVivFlowers
Jimmy Gazaway | District 57 | jimmy.gazaway@arkansashouse.org | @jimmygazaway
Ashley Hudson | District 32 | ashleyforarkansas@gmail.com | @ashleyforAR

Tippi McCullough | District 33 | tippi.mccullough@arkansashouse.org | @tippi31
Milton Nicks, Jr | District 50 | milton.nicks@arkansashouse.org
Jay Richardson | District 78 | jay.richardson@arkansashouse.org
Marcus Richmond | District 21| richmond4staterep@gmail.com
Jamie Scott | District 37 | jamie.scott@arkansashouse.org | @Anointed08
Matthew J. Shepherd | District 6 | matthew.shepherd@arkansashouse.org | @Matt_J_Shepherd
Keith Slape | District 83 | keith.slape@arkansashouse.org
Kendon Underwood | District 90 | underwood4arkansas@gmail.com | @underwood4AR

HB 1005, SUPPORTED DECISION-MAKING

Earlier this week, Rep. Julie Mayberry (R-27) introduced House Bill 1005, which would allow an adult with a disability to enter into a legal agreement with a supporter or group of supporters, who can assist that individual with making decisions on his/her/their own behalf.

Supported decision-making is an alternative to guardianship. More than a dozen states have passed laws allowing supported decision-making, but Arkansas currently does not have a supported decision-making law. If HB 1005 passes, Arkansans with disabilities will have the opportunity to make their own choices, with the help of a person or persons they trust to offer support and guidance if they need it.

HB 1005 will be considered by the House Judiciary Committee NEXT THURSDAY.

To learn more about this issue, check out our video, Guardianship: Is it always the right choice? 

Stay Involved

Marble steps leading to the state senate chambers.

The Arkansas State Capitol is the People’s House. Public input is essential to ensuring that YOUR voice is heard at the Capitol. The Arkansas House of Representatives, the Arkansas Senate, and the Arkansas Secretary of State’s Office have issued the following procedures for public access to committee meetings and other convenings during the current legislative session.

At this time, virtual testimony in committee meetings is not allowed. Expect more on this issue as DRA works to ensure that people with disabilities have every opportunity to weigh in on the decisions that directly affect the disability community.

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