Judge Rotenberg Center table at ABA conference again

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Torturers being allowed to present at a conference on the merits of their torture: that’s exactly what is happening at the ABAI conference this Thursday through Monday. ABAI is the Association for Behavioral Analysis International, the governing body of ABA practitioners. ABAI accredits ABA programs, which means they give the power to continue to do ABA based on meeting certain standards. ABAI has continued to endorse the Judge Rotenberg Center, and allows them to sponsor and present at their conferences.

One of the JRC’s presentations at this conference specifically focuses on the merits and ethics of the electric shock device. This means that ABAI is more than complicit in the abuse taking place at the JRC: they are actively endorsing these practices.

This year, the ABAI conference is being held in Boston from Thursday, May 26 through Monday, May 30th. Once the conference starts, let’s flood their hashtags, #ABAIBoston #ABAI2022, with the truth about the JRC and ABA, and demand that ABAI denounce the JRC and remove them as a sponsor, vendor, and presenter, Use the hashtag #StopTheShock to let them know that their active endorsement of torture will not go unnoticed.

You can use our updated fact sheet to explain why this is unacceptable and fight back against the JRC’s twisted words. Urge the leadership of ABAI to stand against the use of this device at the Judge Rotenberg Center, an institution that has been at the center of controversy for many years because of its continued use of this torture.

ASAN applauds the US House of Representatives for passing the Food and Drug Amendment Act of 2022 (HR 7667) with a provision that would ban the use of the electric shock devices at the Judge Rotenberg Center. For decades, disabled advocates have fought to end the use of electric shocks at the JRC. The inclusion of the ban language in this bill is a critical step towards ensuring that no one is subject to torture in the name of “treatment.”

In 2020, after decades of advocacy from disability advocates, the FDA banned the use of electric shock for behavior modification. Unfortunately, the FDA’s ban was struck down on technical grounds in 2021. Now, people with disabilities are relying on Congress to fix this problem and ban the use of these harmful devices. The bipartisan effort to #StopTheShock was included in the House bill.

The passage of the House Bill was preceded by crucial pressure at the state level through the introduction of a bill in the New York state legislature that would ban New York State from sending people with disabilities to the Judge Rotenberg Center. On Wednesday, May 4th, Sen. Jabari Brisport & Am. Harvey Epstein stood with disability rights advocates in announcing new legislation targeting facilities that use electric shocks on people with disabilities.The bill, “Andre’s Law,” is named in honor of Andre McCollins, a survivor of electric shock torture and other forms of aversive conditioning. Andre’s Law resulted in a huge state mobilization, the type of pressure that is key to finally putting an end to this barbaric practice. While the New York state legislature entered recess before the bill could be passed this term, the widespread, bipartisan support Andre’s Law garnered indicates the importance of similar legislation at the federal level.

We call on the United States Senate to include an amendment to ban the use of electric shock devices used to “treat” self-injurious or aggressive behavior in their version of the bill. For decades, our community has advocated to ban the use of these devices, which are now only used on people with disabilities at one institution. We are not alone in this fight; in 2019, over 290,000 people signed a petition in support of the ban and 244 organizations signed on to a letter urging the FDA to finalize its rule to ban these devices. These thousands of people are still waiting for a meaningful end to the suffering of our community members at the Judge Rotenberg Center.

ASAN will not rest until no one is subject to electric shock torture. For the ban to pass into law, we need the Senate to pass their version of the bill, the FDA Safety and Landmark Advancements Act, with an amendment banning electric shocks. Advocates can use our action alert to call on the Senate to act swiftly. The safety and independence of our community is on the line – now more than ever, we must let those who represent us know that there will be nothing about us without us.

In July of 2021, we were horrified to learn that the FDA’s ban on the use of electric shocks as a method of behavioral control was overturned by the DC Circuit Court. Another year has passed, people with intellectual and developmental disabilities at the JRC are still subject to electric skin shocks to control their behavior. Our community has fought long and hard to end the Judge Rotenberg Center’s torture of disabled people. It’s been 8 years since the FDA's expert panel ruled that the JRC's electric shock devices are inevitably harmful. The people subjected to the device shouldn't have to wait one more day – in order to end this torturous practice, we need a complete ban, and we need it quickly. We need the Senate to pass their FDA bill with language that bans electric shock torture included.

Congress is moving to ban devices used to administer electric shocks on people with developmental disabilities in an effort to modify their behavior, a practice that advocates have long decried as torturous.

The U.S. House of Representatives voted 392 to 28 last week to approve the Food and Drug Amendments Act, a broad bill reauthorizing programs at the Food and Drug Administration. Tucked inside the legislation is a provision that would put an end to the use of what are known as electrical stimulation devices, which send shocks through electrodes attached to the skin in order to condition people not to engage in self-injurious or aggressive behaviors.

The devices are believed to be used at only one facility in the U.S. — the Judge Rotenberg Educational Center in Canton, Mass., which serves children and adults with developmental disabilities as well as those with behavioral and emotional problems.

Disability advocates have worked for years to bar the practice. And in 2020, the FDA finalized a ban on the devices after determining that they pose an “unreasonable and substantial risk of illness or injury.” The agency cited evidence of psychological and physical risks including burns, tissue damage, worsening underlying symptoms, depression, anxiety and post-traumatic stress disorder.

But the Rotenberg Center sued and last summer the U.S. Court of Appeals for the D.C. Circuit found that the FDA had overstepped its authority and overturned the regulation.

The legislation now heads to the Senate where advocates say they are hopeful that the provision banning electrical stimulation devices will be included.

“Contingent electric shock for the purposes of behavior modification is inhumane and ineffective and has been condemned by the United Nations as torture,” said Julia Bascom, executive director of the Autistic Self Advocacy Network. “We hope the Senate will act swiftly — folks subjected to these shocks have been waiting for far too long.”

Supporters of the Rotenberg Center, however, are not backing down on what they say is a last resort for individuals with severe behaviors who have not responded to other treatments.

“The parents and guardians of clients of the Judge Rotenberg Educational Center (JRC) will continue to fight to preserve the life-saving electrical stimulation device (ESD) treatment for our loved ones, for whom all other treatment options have been tried and failed,” the Judge Rotenberg Educational Center Parents Association said in a statement to Disability Scoop.”

Some Senators are pushing for a stripped-down version of the bill, without important amendments like the ban on contingent electric skin shock. We can’t let them gut the bill’s vital provisions – with the clock ticking, we must convince the Senate that this language is critical to ensuring the human rights of people with disabilities. We need one final push to #StopTheShock! The Senate aims to pass the FDA Safety and Landmark Advancements Act (FDASLA) before the end of the month – and it must have the amendment from the HELP committee banning the use of electric shock for behavior modification. We need a big push RIGHT NOW to let our elected officials know that this provision is critical to our community.

Here’s how you can help:
Call your two Senators. Ask them to pass the current version of the bill, the FDA Safety and Landmark Advancements Act, with the amendment banning electric shocks for behavior modification included.

You can use our script:
My name is [your full name] , and I am from [your city]. I am a constituent of Senator [NAME]. I’m calling to ask Senator [NAME] to vote to pass the FDASLA Act, with the language included which bans the use of electric skin shock for behavior modification. This language passed the House, as well as the HELP committee. Only one institution in the country still uses electric shocks this way, and the UN found the practice to be torture in 2013. The FDA banned this use of electric shocks in 2020, but the DC Circuit Court overturned the ban on a technicality. The Senate has the power to stop electric shock torture through the FDASLA Act. Can I count on the Senator to vote yes on an FDASLA reauthorization that includes the ban?

After calling, try a virtual Hill visit! Our guide walks you through meeting with your Senators’ staff one-on-one even if you can’t visit their office.

Want to make a call, but unable to speak on a phone call due to a disability? Our Proxy Calling system is open! Want to help someone else make a call? Consider signing up to be a proxy caller. Have call anxiety, or wondering what to expect from a call to your elected officials? Check out this guide to making a call to your members of Congress.

Our community can’t wait -- we must take this critical step toward ending the torturous practice of shocks as behavioral control, and towards closing the Judge Rotenberg Center. Your advocacy will make sure we #StopTheShock for good. Thank you for taking action.