Texans with communications differences — including autism, deafness and brain injury — have new tools when it comes to interacting with police.
The state's Driving with Disability program has rolled out more prominent indicators on Texas drivers' licenses and IDs that are intended to keep people with disabilities safe during a traffic stop or other encounters with law enforcement.
Jennifer Allen is the parent of a son with autism. The Samuel Allen Law is named for him. She says the updated program is the culmination of her work to educate state officials and lawmakers about communications differences and their potential impact on interactions with police. Listen to the interview above or read the transcript below.
This transcript has been edited lightly for clarity:
Texas Standard: How did you and your son get involved in advocating for drivers with communication challenges in Texas?
Jennifer Allen: In 2011, Samuel and I — Sam was then 16 — we went to Universal City just outside of San Antonio to get his driver license. And when we went to the DPS driver license office, Sam and I had researched, and there was a code somewhere that I had read that said "communication impediment."
Yet, when we when up to the desk and had his physician-signed form, the lady behind the desk said, you know, that she was about to retire from DPS and had never heard of it, thought it was a great idea, but never heard it.
So from that, we knew that it was amazing that this was in the system, yet DPS didn't know about it, nor, of course, then the public. It would open so much for not just my son, but people with a challenge with communication and, on the other end, would help law enforcement identify and better understand them.
So what exactly does the Samuel Allen law do?
Well, there were actually three laws that Sam and I went through different legislative sessions to pass that collectively did what the Texas Driving with Disability program does now. And the first was about the brochures and posters that we did, to put them in the driver license offices that give information needed a law.
So we went through that. And then the second was Senate Bill [976]. That was the Samuel Allen Law, and that really puts it on the map because it put a person that chooses – it is an option – chooses to disclose a communication impediment which is maybe a slower processing speed.
In group one, it could include autism, Asperger's, post-traumatic stress. So, processing disorder — it could also be Parkinson's or Down syndrome.
Group two – this is all part of the Samuel Allen Law – is a different language, or deaf, hard of hearing.
So, we already had it on the driver license at this point and the Samuel Allen Law put it also in the TLET, which when you register your vehicle with the DMV, a person wishes to disclose this. Well, it goes into the TLET system, which is statewide.
So when the officer pulls you over and you're registered, well, that little screen in his car will come up. So the officer's prepared to know, "wow, before I approach this vehicle, this person has a challenge with communication."
So this started all the training. And we worked with DPS who was so grateful for it. And so we did reenactments and the training began.
What is the risk? Is it a misunderstanding that might lead an officer to think this person is impaired or drunk? What are some of the disconnects that have happened or can happen without this training?
My fear, when Sam started driving — and it is, I will tell you, every parent's fear of a person with autism, such as Sam — the fear is exactly what you said, that encounter.
Because their frontal lobe of their brain, the fusiform gyrus, is wired differently. So that's why they're not social creatures. That's why a person with autism, it's hard for them to understand innuendos or sarcasm.
So if an officer were to approach a person without this code and were to say to Sam something like, "why were you flying down the highway?" Well, Sam takes that literally and says, "well, I wasn't flying, I was driving." Well, the officer would think of that as defiance and this person has a problem.
And secondary, what law enforcement is afraid of when they walk up to a vehicle. And they have no clue who they're going to encounter. They have to assess so many things so quickly.
If somebody with autism, let's just say, had a card that they had in the glove box or something the parent had given them to explain to an officer, well, if they reach for something else, the officer thinks that something could be a weapon. How do they know?
So Jennifer, where can people find out more about this?
For more information, for all forms and full resources, there's a lot of free resources, you can go to texasdrivingwithdisability.com.
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