Letter to San Jose Human Services Commission

Date: October 10, 2020

To: Human Services Commission, City of San Jose

Dear Human Services Commissioners:

I am a disabled advocate and activist living and working in District 3 of San José. I am writing to support the HSC approval to submit the report, “Juvenile Justice Involved Youth with Disabilities: An Epidemic of Misunderstanding” to Mayor Liccardo and San Jose Council Members.

San José has equity issues, and the burden of these issues should never fall onto the youth most impacted by the social problems we currently contend with. Adults with disabilities and youth are negatively impacted by many policy decisions and are rarely invited to the table to help create the change needed to quell the structural ableism inherent in most governmental structures.

From leadership to data collection to program development, youth are helped along the school-to-prison pipeline by the omission of equity for disabled students. There is always an assumption that disability is not a concern for this department or that department and they may even feel they are compliant with the Americans with Disabilities Act (ADA). Reality around the application of the ADA is far from inclusive. A recent example of this level of unintentional negligence can be seen with the Al Fresco dining program.

Now, apply this to juvenile justice and really think about the consequences for these youth when disability is not included from the start in the programs and services available to help these youth develop and succeed.

San José must do better. Disability needs to be front and center like race and class. It should not be relegated into the documents of law that are inadequate at best with ensuring equity. A disability-justice informed ADA coordinator is a start to improve and meet the needs of all residents with disabilities. A Mayor’s Office for People with Disabilities would more fully include the intersectional analysis that is needed today for full inclusion of all people and not those most able to be present. Including disability measures in all surveys and data collection tools would assist in this process.

Each city department must have disability-focused training to ensure adequate and complete development of their programs and services. My current experience is that the city expects it to be covered by another department and/or already represented in ADA law. This leads to a failure in equity for disabled people.

Everyone must be better informed. If you ask a department about statistics on race or class, many will know at least an approximate answer. But when you ask about disability, most people will not know. I struggle to find these statistics myself when I look for them. The missing data is ableism. And through the simple steps outlined in Ms. Maciel’s report are the path to a better San José for all residents, including the youth most impacted by these gaps.

The Americans with Disabilities Act passed thirty years ago. It is time that the city of San Jose prioritizes equitable access to city programs, services, and spaces. I strongly support all recommendations in this report. We need to ensure issues of disability are understood and addressed. Through applying the lens of disability justice, equity will be more attainable for all San José residents.

Feel free to reach out to me for further discussion via email or telephone.

Michele Mashburn
Director, San Jose Peace and Justice Center
Santa Clara County Green Party County Council