As I was preparing a stack of old newspapers for recycling, I came across the article on Arleen Avila May 15, and her complaint of mistreatment at the hands of Visalia police officers. I can certainly sympathize with her. I know well the difficulty of living with a debilitating chronic condition. However, as I reread the article, several things struck me.

As Ms. Avila has had Parkinson’s for more than 11 years, she knows that her condition causes slurred speech and occasional drowsiness, which can be mistaken for signs of alcohol or drug intoxication. In the absence of any indication to the contrary, a reasonable person would draw that conclusion, especially if the person becomes combative when approached. This is apparently what happened at the In-N-Out drive-through.

But what was, and was not, covered in the article raises several questions in my mind: Does Ms. Avila’s SUV carry handicapped license plates or a dashboard placard to indicate she is handicapped? If not, why not? If so, did the officers notice?

Was her power chair in the SUV with her, and if so, could the officers have seen it and realized that she could not readily comply with their orders?
In the photos accompanying the article, I do not see Ms. Avila wearing a Medic-Alert or similar bracelet or necklace that would have alerted the officers (or, in the event of an accident, bystanders and first-responders) to her condition. Had she been wearing such a bracelet, and the responding officer seen it, would the officer’s approach, and the outcome of the incident, have been different?

It is not reasonable to expect police officers to be able to tell, at a glance, whether someone is impaired by drugs or alcohol, or by a medical condition. People with conditions that impair their ability to communicate should take reasonable measures so that, in the event they find themselves in difficulty, people around them can tell what their condition is and what special treatment they require.

I cannot help but believe that, had Ms. Avila been wearing a Medic-Alert or similar bracelet, and the responding officers seen it, the encounter would have been handled differently, probably without injury to Ms. Avila.

To read the rest of the article click here.