This week, a New York jury acquitted Daniel Penny, a white man who killed Jordan Neely, a 30-year-old unhoused Black man experiencing a mental health crisis on the New York City subway in May of 2023. Penny killed Neely by choking him for almost 6 minutes. Penny’s acquittal demonstrates how our legal system continues to protect those who use violence to calm their own fears—even when those fears may be rooted in racism, ableism, and hostility towards the unhoused. 

The tragic death of Jordan Neely also serves as a painful reminder of the failure of our mental health system and the urgent need to shift how we respond to mental health crises, especially for unhoused people of color. Mental health crises are medical emergencies, not crimes. Nationally, as many as 25% of people killed by police are people with mental health disabilities.

Studies show that Black Americans are less likely to receive the mental health care they need in the community. When they do seek help, they often encounter stigmatization and systemic barriers. Further, studies indicate that young black men with mental health disabilities are in the single most at-risk category in the nation for fatal police violence. Neely’s death exposes the need to protect, not stigmatize, unhoused individuals. Homelessness and disabilities are interlinked, with 31% of people experiencing homelessness also having a mental health disability. 

DRC stands in solidarity with New York organizations calling for the protection of unhoused individuals who have mental health disabilities. Jawanza Williams, director of organizing at the social justice organization VOCAL-NY, said that recent political rhetoric around homelessness contributed to the culture that enabled this death. “What happened to Jordan Neely was an indirect consequence of the way that people were talking about people experiencing homelessness. […] Creating this atmosphere of fear around people on the subway, especially those with mental health conditions, dehumanized them, and it made it more likely for people to engage in violence against them.”

This problem isn’t unique to New York; it is happening right here in California where Black people disproportionately experience homelessness. While Black Californians make up roughly 5% of the population, they make up 25% of unhoused people. Due to stigma, people experiencing homelessness, especially those with mental health disabilities, face higher levels of discrimination, difficulty accessing care, and violence. A study found that 31.8% of unhoused people in Los Angeles County reported daily discrimination, 16% experienced physical violence and 7.5% experienced sexual violence in the past 30 days. 

Rather than tackle our housing crisis head-on with supportive housing and person-centered services, California policymakers have redirected millions of dollars to ineffective, outdated strategies like the CARE Act. 

The death of Jordan Neely was due to racism, ableism, and fear of the unhoused. If we do not address these issues and expand care, this violence will continue. 

DRC remains strong in our commitment to ensure the rights and dignity of all people with disabilities, especially the most vulnerable. We call for an increase in accessible, affordable community-based care and mental health services. Everyone deserves access to trauma-informed care and culturally responsive services. 

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.