What do you need to know about autism and police encounters. On January 19, 2020 a sixteen year old who was described as “severely autistic” died in custody of the Jefferson Parish Sheriff after a filmed and violent arrest. He was at a laser tag business that knew him well and seemed to be a place he felt comfortable. Law enforcement responded to a call that the teen was in an altercation with an adult (his father). From there things went very poorly. The video shows an extremely physical and hostile interaction between the teen and law enforcement. He died shortly afterwards in custody.
Interactions between law enforcement and people on the spectrum can be particularly dangerous because of communication barriers, tension, non-traditional responses and fear. In particular teenage boys of minority backgrounds are particularly at risk statistically. What might be a simple stop can turn deadly if police do not recognize the disability and use de-escalation techniques during the encounter. I have put together a few tips.
Identify That You Or The Person Being Stopped Has Autism
If you or someone you are with has autism and you encounter the police, tell them about the autism. Depending on where on the spectrum the person is, they might not understand why police or talking to them or know how to read the situation and respond. If police do not know that the person they are talking to has autism, they might misread the responses resulting in arrest or violence. Hopefully the officer will have training or personal compassion and attempt to deescalate the situation.
If You See A Bad Police Encounter, Record It
We all hope to never see violence between police and citizens. If you see something bad, help out the person down the line and record it if you can. Here are some guidelines on recordings.
- When you are outside in a public space and are legally there, you have a right to record (pictures or video) what you see including law enforcement.
- If you are on private property then the owner sets the rules on pictures and your right to be there. If you are trespassing, you can be arrested.
- Law enforcement can not “order” you to delete your footage.
- You can record a law enforcement stop, detention and arrest of other people. However, you can not interfere in them doing their job. So if they ask you to step back, do it.
- If they ask you to stop recording it is better to stop, put your camera/phone away, and contact at attorney or the ACLU.
Demand that Law Enforcement Get Training On Interaction With Autistic People
Knowledge is power. A responding officer may not have personal knowledge about autism or how that can affect a person’s responses or behavior. Training on what to look for and how to respond in a deescalating manner helps both the citizen and the officer be safe.
In New Orleans the YMCA had a group, Y Cubs, that help autistic kids and their families. A few months ago they put on a free training for first responders on how to best interact with autistic people. Clearly after the horrible incident Sunday, there needs to be more training. Call your local leaders and demand change and expanded awareness about this issue. Reach out to Y Cubs and see if you can help in their training or program. Change will only happen if we as a community come together and make it happen.
Please schedule an appointment for a free consultation if you need legal representation.
Note – I do not represent the family of the teen and am writing this article based on news coverage and data about autism and law enforcement.
