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PRESS RELEASE: Disability Rights Maryland Files Lawsuit Against Maryland Department of Health Over the State’s Practice of Indefinitely Detaining Criminal Defendants with Disabilities Deemed Incompetent to Stand Trial

CONTACT: Luciene Parsley, DRM Litigation Counsel, LucieneP@DisabilityRightsMD.org, 443-692-2494

BALTIMORE, MD — On January 9, 2025, Disability Rights Maryland, Inc. (DRM), represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and co-counsel Wiley Rein LLP, filed a lawsuit against the Maryland Department of Health (MDH) and Dr. Laura Herrera Scott, in her official capacity as Secretary of the MDH.  The lawsuit challenges MDH’s continuous failure to provide timely and appropriate mental health care and supportive services to criminal defendants who have been deemed incompetent to stand trial (IST) as is required by Maryland law.

Maryland Code Ann., Crim. Proc. §3-106(c)(2)(i) requires MDH to transfer individuals found IST and dangerous to a designated health care facility within 10 business days of MDH’s receipt of the court’s order for the purpose of competency restoration and treatment.  However, as set forth in the complaint, MDH has persistently failed to fulfill this obligation, leaving more than 200 IST-adjudicated defendants statewide languishing in jails and other correctional facilities — some for weeks to months at a time.  The complaint further alleges that MDH is violating the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by over-designating criminal defendants as dangerous and failing to provide competency restoration in the most integrated setting available.  Over forty percent of IST-adjudicated defendants who are indefinitely detained were charged with misdemeanor offenses or non-violent felonies.  DRM believes many of these individuals were improperly labeled as dangerous and that many who are currently languishing in jails could likely be restored to competency in the community if they were provided with appropriate supports.

“Leaving people with disabilities in jail deprives them of needed services and supports and has no rational relationship to moving them through the criminal process,” said Luciene Parsley, Litigation Director at Disability Rights Maryland.  “We have received complaints about horrific conditions that individuals are kept in, such as being forced to sleep on the floor or maintained in solitary confinement for extended periods of time.”

The lawsuit highlights the devastating consequences of MDH’s inaction, detailing cases of Marylanders who were held in inhumane conditions and deprived of appropriate support as a direct result of MDH’s failure to comply with state law requiring prompt transfer to appropriate healthcare facilities.  These individuals, all found IST, were confined in jails for prolonged periods without access to adequate mental health treatment or support, necessary medications, counseling, or basic care, leading to significant deterioration in their physical and mental health.

“Many of these individuals could be restored to competency in their own communities,” said Courtney Bergan, Equal Justice Works Fellow at Disability Rights Maryland.  “Doing so would be more effective and efficient for everyone.”

“Maryland’s legislature expressly noted the serious constitutional implications of subjecting IST-adjudicated individuals to indefinite jail detention, delaying their access to needed treatment, when it modified the existing law to require MDH to implement hospitalizations within a specific – and short – time period,” said Wiley Rein’s Pro Bono Partner, Ted Howard.  “MDH’s conscious and complete failure to comply with its statutory obligations in this regard is simply unacceptable and calls out for redress by the federal court.”

The lawsuit seeks declaratory and injunctive relief, asserting that the indefinite detention of IST-adjudicated individuals without treatment violates their rights under the U.S. Constitution, Article 24 of the Maryland Declaration of Rights, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.  DRM is demanding systemic reforms to address MDH’s ongoing failures and to ensure timely and appropriate care for IST-adjudicated individuals in the most integrated setting appropriate to their needs.

“Maryland’s competency system is deeply broken,” said Ryan Downer, Legal Director with the Washington Lawyers’ Committee.  “People determined by state courts to be in need of mental health services are instead left to rot in jail.  Our hope is that this lawsuit will jolt state officials awake.”

Read the filed complaint.

About Disability Rights Maryland

Disability Rights Maryland is the federally mandated protection and advocacy agency for the state of Maryland, working to protect people with disabilities from abuse, neglect, and rights violations. DRM advocates for systemic change, emphasizing the importance of self-determination, inclusion, and access to services and support in the most integrated setting available.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs

The Washington Lawyers’ Committee for Civil Rights and Urban Affairs works to create legal, economic, and social equity through litigation, client and public education and public policy advocacy.  While we fight discrimination against all people, we recognize the central role that current and historic race discrimination plays in sustaining inequity and recognize the critical importance of identifying, exposing, combatting, and dismantling the systems that sustain racial oppression.

About Wiley Rein LLP

Wiley Rein LLP is a preeminent law firm in Washington, DC that has earned international esteem by achieving legal, regulatory, and policy successes for many of the world’s leading companies, organizations, and startups.  The firm is consistently recognized for its strong commitment to pro bono work and service to the community, providing exceptional legal representation to support clients in achieving justice and equity.

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PRESS RELEASE: DRM and Partners Reach Agreement with Baltimore City to Improve Sidewalks and Ramps for People with Mobility Disabilities​

December 18, 2024—Baltimore, MD— Disability Rights Maryland (DRM) and their legal partners Disability Rights Advocates, Fox & Robertson, and Goldstein, Borgen, Dardarian & Ho, on behalf of a class of pedestrians with mobility disabilities, have reached a partial agreement with the City of Baltimore to make sidewalks and curb ramps more accessible for people with mobility disabilities. This is part of a class-action lawsuit called Goodlaxson, et al. v. Mayor and City Council of Baltimore (Case No. 1:21-cv-01454-JKB). 

In 2021, DRM and their legal partners filed the lawsuit on behalf of several individuals and organizations, including Susan Goodlaxson, Janice Jackson, Keyonna Mayo, and the IMAGE Center of Maryland. We argued that Baltimore City failed to follow federal disability laws because many of its sidewalks and curb ramps were not built or maintained to be accessible, making it harder for people with disabilities to safely travel around Baltimore and take part in community life. 

Baltimore City’s own data shows the issue is widespread. A 2019 review found that only about 1.3% of surveyed curb ramps met ADA (Americans with Disabilities Act) standards. Many sidewalks were also damaged or too narrow for wheelchairs and other mobility devices, forcing people with disabilities to use the street alongside traffic, which is dangerous. 

This lawsuit aimed to help everyone with mobility disabilities who has had trouble using Baltimore’s sidewalks, curb ramps, and pedestrian pathways because they were too steep, narrow, or damaged. The agreement, known as a partial consent decree, is a step toward fixing these issues. Starting in the third year of the agreement, the parties will work on a long-term plan to make all sidewalks and ramps accessible. 

What Baltimore City Has Agreed to Do: 

  1. Spend $44–50 Million Over Four Years 
    The City will repair or build thousands of curb ramps and fix tens of thousands of square feet of sidewalks. 
  2. Focus on Key Areas First 
    Improvements will start in important places like government offices, transportation hubs, hospitals, and business areas, especially in high-need neighborhoods. 
  3. Improve the 3-1-1 System 
    People with mobility disabilities can use the City’s 3-1-1 system to report broken sidewalks or ramps. Baltimore City will: 
      • Investigate issues within 60 days. 
      • Provide a timeline for fixing the issue within 10 days after the investigation.
      • Aim to fix the problem within nine months. 
      • Quickly respond to complaints about puddles forming on ramps. 
  4. Hire ADA Coordinators 
    Baltimore will appoint coordinators to ensure the repairs meet ADA standards.
  5. Raise Awareness
    The City will educate the public about keeping sidewalks and ramps clear of snow and debris, especially near bus stops and public transportation.
  6. Create a Public Database 

Baltimore City will maintain an online system to track the conditions of sidewalks and curb ramps. 

Why This Matters 

This agreement is a big step toward making Baltimore a more accessible city for everyone. It addresses the immediate needs of the plaintiffs and sets an example for improving accessibility. Residents with mobility disabilities, and all residents, are encouraged to use 3-1-1 to report sidewalk and ramp problems. You can mention your mobility disability when reporting so repairs can be prioritized. You can report issues by calling 3-1-1 or using the website

The Court has scheduled a Fairness Hearing for March 27, 2025  at 11:00 a.m. It will be held in person at:

United States District Court
District of Maryland, Courtroom 5A
101 West Lombard Street
Baltimore, MD 21201

Read the Class Notice.

You have a right to object to this Agreement. Information on how to object is in the Class Notice. Read it in English (Word/ PDF), Spanish (Word/ PDF), and Korean (Word/ PDF).

The Agreement will not become effective unless the Court approves it.

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Voting Events: Your Guide to Staying Informed and Engaged

With the election just around the corner, it’s essential to stay updated on key voting dates, registration deadlines, and local events. Whether you’re a first-time voter or a seasoned participant in the democratic process, our goal is to keep you informed and engaged.

 

UPCOMING EVENTS:

PG County Workforce Fair (in person)

Thursday
October 17, 2024
10:30-1pm

New Carrollton Branch Library
7414 Riverdale Rd
New Carrollton, MD

The Maryland Senate Candidate Forum (Virtual)

Tuesday
October 22, 2024
12:00 PM – 1:15 PM. 

Registration is required to receive an event link. https://zfrmz.com/KElYVOpakXTC9u7hXnad

Importance of Voting/Brief KYR Panel Discussion with Maryland Department of Disability (Virtual)

Thursday
October 24, 2024
4pm-5pm

Request a link from Yesheva Kelly via email (yesheva.kelly@maryland.gov) or phone at 410-767-3659

Check back here and on our Instagram and Facebook pages for additional events and information on voting.

 

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Pro Bono Honor Roll

Pro Bono Honor Roll Page Banner. it says Oct 2022-Dec 2023 Pro Bono Honor Roll Proudly Presented by DRM

Through DRM’s Pro Bono Program, volunteer attorneys protect the rights of people with disabilities, help them access crucial services, and ensure equal treatment under the law.

Our Pro Bono Honor Roll recognizes law firms and attorneys who provided a substantial number of pro bono service hours during the period of October 1, 2022 – December 31, 2023. Their expertise, dedication, and generosity positively impact the lives of people with disabilities and make Maryland a better place for all.

Law Firms Honorees

  • Gordon Feinblatt LLC
  • Jenner & Block
  • Mayer Brown LLP
  • O’Melveny & Myers LLP
  • Sidley Austin LLP
  • Steptoe LLP
  • Venable LLP
  • Whiteford Taylor & Preston
  • Wiley Rein LLP

Individual Honorees

  • Alexandria K. Montanio, Gordon Feinblatt LLC
  • Allison Boyle, U.S. Merit Systems Protection Board
  • Andrea LeWinter, Law Offices of Nicole Joseph
  • Ashley Van Cleef, Law for Parents
  • Ayn Ducao
  • Benjamin Bradford, Jenner & Block
  • Beryl Gardner, U.S. Patent and Trademark Office
  • Cayla Calderwood, Sidley Austin LLP
  • Chelsea Beaupre
  • Christian Hatten, Jenner & Block
  • Daniel Orrock, Schneider Electric
  • Danielle Siegel, O’Melveny
  • Eliel Flores, Mayer Brown LLP
  • Emiliano Aguirre
  • Emily Caputo
  • Emily Tifft, Steptoe LLP
  • Jaime Seaton, BGS Law
  • Jim Rocap, Steptoe LLP
  • Marilyn Park
  • Matthew Emmick, Office of the Public Defender
  • Matthew Haws, Jenner & Block
  • Olivia Miller
  • Paul Madden, Whiteford Taylor & Preston
  • Pete Rosenbaum, Jenner & Block
  • Sarah Lang, Schneider Electric
  • Tara More, Mayer Brown LLP
  • Timothy Scott, Wilson Elser

Become a Pro Bono Attorney

If you are interested in a meaningful pro bono experience, visit our Pro Bono Opportunities page or contact our Pro Bono Coordinator.

Photo of Jim Rocap, a White man with short grey hair wearing a white collared shirt, grey suit and red striped tie.

Jim Rocap

“Assisting our pro bono clients to stand strong, push back against injustice, and insist on their rights is immensely important, not only to the clients, but to our system of justice and the rule of law.”

Photo of Tim Scott a young White man with short dark hair wearing a black suit, white collared shirt and orange tie.

Tim Scott

“When a lawyer steps in, the school systems that might otherwise ignore these families start to take them seriously. My client’s mom and counselor are already great advocates, but having a lawyer there ensures they are taken seriously.”

Photo of Marilyn Park and older white woman with short white hair wearing dangling earrings and a black blouse

Marilyn Park

It was a reminder that when people believe in you; it’s powerful. The conversation should always start with “you’re a great person, tell me about yourself” not “tell me about your challenges and failures.””

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2024 Legislative Session Highlights

Graphic says 23 oral testimonies, 33 letter sign ons, 71 written testimonies, 91 total bills advocated for or against

The legislative session was full of successes and challenges. DRM worked with partner organizations, individual allies and legislators to advocate for bills that advance disability rights and against bills that exclude people with disabilities in Maryland. This year, DRM took a position on a total of 91 bills. We submitted 71 written testimonies, orally testified on the impact of 23 bills and joined other organizations in signing 33 letters of support or opposition. Below are the highlights from this year’s session.  

MOBILITYLINK PARATRANSIT SERVICE IMPROVEMENTS STUDY (SB0891/HB1199)

This study establishes an objective review of the Maryland Transportation Administration’s MobilityLink. The Maryland Transportation Institute (MTI), an independent third party, will conduct the study to determine the best methods to deliver MobilityLink service.  MTI will look holistically at MobilityLink—including its service delivery model, customer service, reliability, performance, and workforce—and compare it with other paratransit providers nationwide. MTI will provide policymakers with concrete recommendations to improve service for Marylanders with disabilities. “MobilityLink riders rely on the service to access their community and unfortunately often experience poor service – like late pick-ups and drop-offs, long trips, and lengthy hold times for customer service calls. DRM is hopeful that MTI’s tangible recommendations will propel Maryland to enact sweeping paratransit reform to give Marylanders with disabilities the safe and reliable public transportation they deserve.” says DRM attorney, Daria Pugh.

NEW UNIT TO PROTECT PEOPLE IN STATE CORRECTIONAL FACILITIES (SB0134/HB0297)

“DRM’s investigations and monitoring of Maryland prisons over a number of years has demonstrated that people with disabilities are often subject to dangerous, violent, and unhealthy conditions.  The General Assembly’s creation of an independent, impartial correctional ombudsman for Maryland is a hopeful step forward .” says DRM’s Litigation Counsel, Luciene Parsley.  After 2 years of advocacy, Maryland will establish the Correctional Ombudsman Unit to investigate complaints and issue findings and recommendations. Increased oversight, transparency and accountability is important to address systemic issues and rights violations in Maryland’s correctional facilities. Additionally, the new unit provides a way to address rights violations that fall within the gaps of current complaint issue areas, like complaints against contractors who provide medical and mental health services for the Department of Public Safety and Correctional Services (DPSCS). The unit will report annually to the General Assembly, including information about systemic issues, rights violations and how DPSCS responds to the Ombudsman’s recommendations.

FUND FOR FAMILIES TO ACCESS SPECIAL EDUCATION ATTORNEYS, ADVOCATES AND CONSULTANTS (SB0797/HB0903)

This bill establishes a program to help families with limited financial resources access lawyers, advocates and education consultants for a variety of special education matters. Currently, DRM maintains a pro bono referral program for families with very limited means, but this will enable a broader range of families to access attorneys and, for the first time, to obtain services from advocates or consultants at no cost to them. The attorneys, advocates and consultants will be paid through the program, which will be administered by the Maryland Volunteer Lawyers Service (MVLS). DRM attorney Leslie Seid Margolis and the Education Advocacy Coalition crafted the bill that will soon help thousands of Maryland students. “I look at all the education intakes that come in and it’s hard to put into words what it feels like to turn families away, knowing how limited their options have been; this program will be so helpful in expanding the resources available to families.” This is important because families who have advocacy assistance are better equipped to secure appropriate services for their children and resolve education issues. The passing of this legislation brings us closer to ensuring all students have what they need to be successful in school.

Last year, Maryland passed a law that lets families get money back for expert costs in addition to attorneys’ fees if they win a case against a school system. This new program is different because it enables families to access legal support at all stages of the special education process, not just when they are facing a due process hearing; the program emphasizes assistance for families for Individualized Education Program (IEP) meetings and informal dispute resolution.

SELF-DIRECTED MENTAL HEALTH SERVICES PILOT PROGRAM (SB0988)

DRM introduced a bill that would create a self-directed mental health care pilot program for people with disabilities. Bills such as this one often take several years to pass, and DRM will continue to advocate for this program next year. Studies show that when people can manage their own care, they do better in their communities and are less likely to live in institutions. Most importantly, many people with disabilities prefer this kind of care. Right now, some people with serious needs must settle for inadequate help, join programs that might not fit them well, or go without help entirely. This new program would allow people to make a plan that fits their needs instead of making their needs fit into the current service system. Self-directed mental health care is already working in 6 states and is a good step toward fair treatment for mental health issues.

ASSISTED OUTPATIENT TREATMENT (SB0453/HB0576)

DRM opposed the expansion of involuntary civil commitment laws, including the creation of an Involuntary Outpatient Civil Commitment program, termed “Assisted Outpatient Treatment” (AOT). AOT had strong support from the current administration and passed in both the House and Senate. Testimony in favor of AOT revealed many fears and stereotypes about people with mental health disabilities’ capacity to make decisions about their minds and bodies. DRM believes people with mental health disabilities should be provided with any accommodations and supports necessary to make and communicate health care decisions, and that individuals have the right to receive care in the most integrated setting available. AOT meets none of these criteria. DRM is concerned that AOT risks jeopardizing efforts to create an innovative, behavioral health system in Maryland – one that is truly focused on supporting the voices and choices of people with mental health disabilities to receive the support they need to be included in our communities.

 

Thank you!

DRM would like to thank our donors whose support enabled us to advocate for people with disabilities throughout the 2024 legislative session.

If you are passionate about creating a more equitable Maryland and able to give, please consider making a generous contribution to support our work. We rely exclusively on gifts from individuals and general operating grants to support this work.

SUPPORT DRM TODAY!

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