Cox v. City of Boston

On December 3, 2024, the United States filed a Statement of Interest in Cox v. City of Boston, No. 1:22-cv-11009 (D. Mass.) addressing the correct interpretation of the health services exception in the ADA as applied to a police department.  The health services exception is an exception to the ADA’s exclusion of individuals who currently illegally use drugs, and states that “an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.”  42 U.S.C. § 12210(c). Under Title II of the ADA, the Exception applies to the denial of health services provided by any public entity covered by Title II, including state and local police departments.  The case was brought by the estate of an individual with opioid use disorder, who died of an opioid overdose while in overnight detention after being arrested by the Boston Police Department.