Delaware lawmakers are set to consider legislation that gives people with unseen disabilities the option to share that information on their state ID cards.
The legislation, known as Eric’s Law, is named for its 21-year-old advocate, Eric Grantham, who has high functioning autism. Eric and his mom brought the legislation to Delaware after getting it passed in their home-state Maryland last year.
“I want the disability community to know that this law was created for you and for me to feel safe and have a voice,” he said at Legislative Hall on Tuesday.
Eric and his mom, Linda Grantham, presented sample IDs marked with a small butterfly symbol. The optional symbol would indicate to law enforcement that someone had a hidden disability.
Linda said the idea for the law came after George Floyd was killed by police officer Derek Chauvin in Minneapolis in 2020. She and Eric had a conversation about trying to stay safe during interactions with law enforcement.
“As time went on after that, I would see that people were being harmed, hurt, and killed by law enforcement,” Linda said. “A lot of those people had invisible disabilities.”
During the conversation about safety, Eric pointed out that not everyone with a hidden disability is able to respond to law enforcement in the same way or communicate personal information during an emergency.
So, the mom and son started to look and push for solutions.
State rep. Nnamdi Chukwuocha, the primary sponsor of Eric’s Law, filed it as House Bill 280 this week.
He said the butterfly symbol doesn’t indicate a diagnosis. And someone can remove the symbol from their ID by providing written notice to the BMV. Minors need a guardian’s permission to include the butterfly symbol on a state ID.
The chair of Delaware’s Black Legislative Caucus, Chukwuocha said the law carries special significance for the caucus’s members.
“Our communities know all too well what happens when misunderstanding meets authority,” he said.“...The lack of understanding can become dangerous, especially during encounters with law enforcement.”
He added the measure will support law enforcement with training, “for understanding the disability notation and recognizing the signs of non-apparent disabilities.”
“Because when officers have the right tools and information, they can do their jobs safely and more effectively, understanding that this protects everyone,” he said.
The bill is assigned to the House Public Safety & Homeland Security Committee for consideration.
Legislators in Illinois, Georgia,New York and Pennsylvania are also considering the measure.
