Lois Curtis, who you will learn more about in the final section of this chapter, spent most of her life institutionalized against her wishes. Not because she had done anything wrong, or harmed anyone, or because she was unable to live outside of an institution. Rather, Ms. Curtis, a Black artist who had diagnoses of schizophrenia and intellectual disability, was confined because she experienced mental disorders. It was not until 1999 that the United States Supreme Court was able to rely upon the Americans with Disabilities Act (known as the ADA) to declare that the unnecessary segregation of Ms. Curtis was a violation of federal law – finally inviting Lois Curtis to rejoin the larger community. Because of the ADA, Ms. Curtis was able to spend the remainder of her life, until her death in 2022, enjoying her freedom in her own home in Georgia.

Challenges around mental illness and disability persist in all aspects of life, often stemming from misinformation, stigma, and barriers that have been built into our society and its institutions over time. But laws such as the ADA, which was invoked by Lois Curtis, empower people with disabilities to assert and protect their right to access places, services, and opportunities. Those empowered and protected by disability laws include people with mental disorders, and these laws also apply in the criminal justice system, with the ability to impact the population that is the subject of our text. In this chapter you will learn about some of the most important laws and legal decisions that protect individuals with disabilities, especially in the criminal justice system.

3.1.3 Chapter Overview Licenses and Attributions

“Chapter Overview” by Anne Nichol is licensed under CC BY 4.0.