The US Department of Justice (DOJ) on Friday published its finding that Oklahoma discriminates against people with behavioral health disabilities in violation of the Americans with Disabilities Act (ADA).

The DOJ found that Oklahoma unnecessarily puts individuals with behavioral health disabilities in institutional facilities for long periods, isolating those individuals from the general community. These facilities include psychiatric hospitals and nursing or residential care facilities. The DOJ explained that Oklahoma provides insufficient alternative services to such individuals, which leads to increased encounters with police and late treatment once issues have already escalated.

The DOJ concluded that Oklahoma City and the Oklahoma City Police Department (OKCPD) engage in a pattern of discriminatory conduct when providing emergency response services to people with behavioral health disabilities. The DOJ found Oklahoma City and its police department to be responsible for frequent police escalation or unnecessary use of force during police interactions with individuals with behavioral health disabilities. The DOJ attributed the issue to the lack of behavioral health professionals utilized in these police interactions.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated: “The Justice Department is committed to working collaboratively with Oklahoma and Oklahoma City so that they implement the right services and supports their communities need and institute a lasting remedial plan.” 

Title II of the ADA prohibits public entities such as state and local governments from discriminating against people with disabilities, especially for participation in or receiving benefits from their activities. The DOJ found that the state of Oklahoma, Oklahoma City, and the OKCPD are public entities. Federal regulations and case law require public entities to administer their activities by “enabl[ing] individuals with disabilities to interact with nondisabled persons to the fullest extent possible.”

The DOJ’s investigation of Oklahoma’s public entities is part of a wider practice of investigating law enforcement agencies for any systemic issues. The DOJ has opened up 12 investigations into law enforcement agencies since 2021, including a recent report on civil rights violations by the Trenton police force in New Jersey.