The parents of an 8-year-old autistic girl who was arrested at her northern Idaho elementary school are suing the school district and the sheriff’s department in federal court, contending the agencies violated the Americans With Disabilities Act.
Spring Towry and Charles Towry, along with their daughter, Evelyn, filed the lawsuit Friday in Idaho’s U.S. District Court against the Lake Pend Oreille School District and the Bonner County Sheriff’s Department.
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The case arose Jan. 9, 2009, when the Kootenai Elementary School third-grader was arrested, handcuffed and taken to the county’s juvenile lockup on suspicion of battery. School staffers said Evelyn had spit on and inappropriately touched two instructors. The child was later released to her parents, and the prosecutor’s office dropped the charge against her.
After the incident, Charles Towry said his daughter has Asperger’s Syndrome, a high-functioning form of autism. He said that on the day of the altercation, she was wearing a hooded sweatshirt her mother had decorated with sewn-on ears to look like an animated cow character from the movie “Barnyard.” She wasn’t allowed into a school party because of the sweatshirt, although the lawsuit didn’t explain why.
Evelyn was placed in a separate classroom instead, Towry said, and when she tried to leave, staffers restrained her. Towry said that caused the girl to panic and react violently.
According to the lawsuit, Evelyn’s teacher, Louise Zumuda, and her principal, Betsy Walker, called police and asked to have her arrested and charged “because they felt they were not getting their point across” to the child and her parents after creating a plan to address behavioral issues. The Towrys say two deputies arrested, handcuffed and patted down Evelyn, refusing Spring Towry’s request that they release the child to her.
Wednesday, July 14, 2010
Autism and the Police, Continued
The Spokesman Review reports a bizarre case in Idaho:
