Tournament: Glenbrooks | Round: 1 | Opponent: Bellarmine AP | Judge: Erik Legried
1AC
Part One is Framework
As students participating in political debates we must put disability at the center of our discussion– this is central to change the way that disability is represented and conceived. Thus the role of the ballot is to vote for the debater that provides the best liberation method for the oppressed. The role of the judge is to endorse the best disability scholarship.
Bérubé 03 (Michael, Paterno Family Professor in Literature at Pennsylvania State University, "Citizenship and Disability", Spring)
It is striking, nonetheless, that so few leftists have understood disability in these
AND
, which is to say, for the good of all of us.
Part Two is Inherency
Auner 16 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
To succeed in a section 1983 claim, the plaintiff must prove that someone acting
AND
local governments, rendering the barriers of qualified and municipal immunity inapplicable.79
And, qualified immunity isn't even a legitimate legal defense currently under the ADA - it is an ableist obfuscation of the law.
Gildin 99 Gary S. "Dis-qualified Immunity for Discrimination against the Disabled." U. Ill. L. Rev. (1999): 897.
The courts that have allowed a qualified immunity defense to be erected by government officials
AND
immunity defense that Congress did not intend for actions under the Acts. 19
Part Three is the Plan
Resolved: The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.
Auner 16 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
Excessive force claims stemming from the Fourth Amendment and section 1983 of the Civil Rights
AND
incentivize proper police training and provide uniform federal protections for the mentally ill.
The Ninth Circuit's approach to the ADA's applicability to arrest situations in Sheehan should be a model for all circuits. Holding the ADA applicable to arrest situations furthers the ADA's objectives and forces law enforcement agencies to implement improved training programs. Training programs implemented by police departments in order to comply with the ADA will likely lead to increased safety among those with mental illnesses. Thus, the Supreme Court has a duty to ensure that a mentally ill person living within in the Fifth Circuit is subject to the same federal protections as a mentally ill person living within the Ninth Circuit. In addition to making the federal law uniform, it is the right thing to do for the mentally ill.
Advantage One: Police Brutality
First, the US fundamentally shifted its policies towards the disabled in the 1970’s. No longer do they receive mental health services, but instead they are treated as criminals and punished.
Auner 3 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
The United States largely criminalizes mentally ill people, resulting from policies
AND
compared with 7 to 8 percent of the general population.
And, this criminalization of disability results in disproportionate police violence against the disabled.
Perry 16 David M. "When Disability and Race Intersect." CNN. Cable News Network, 04 Dec. 2014. Web. 31 Oct. 2016.
What we are seeing in the death of Eric Garner
AND
How the high court rules on the case will shape law enforcement reactions to disability for the foreseeable future.
Police killings of the disabled result from and in turn justify the ableist foundations of the state.
Mack 16 – 1-6, Tracy, “Legitimizing police violence: sanism, ableism and racism” http://www.socialist.ca/node/2978
State violence and killings are not chosen acts, they are required
AND
and the capitalism system that police violence serves.
Second, the nature of the ADA means that no compensation is possible with the existence of qualified immunity.
Gildin 2 Gary S. "Dis-qualified Immunity for Discrimination against the Disabled." U. Ill. L. Rev. (1999): 897.
The legislative instruction that the Acts
AND
brought under the disability discrimination statutes.
The threat of lawsuit under the ADA has empirically resulted in inclusion and a decrease in discrimination – more litigation is key.
Auner 4 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
When courts deem the ADA applicable to specific situations
AND
will tangibly improve the safety of the mentally ill.
And, Police departments already have specifically trained officers-the plan just forces them to use their CIT’s
Auner 5 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
However, even while facing seemingly insurmountable obstacles, police departments
AND
where treatment is the better course of action.121