LAKE CITY, Fla. (InvestigateTV) – James Hodges was walking home from jury duty when he was stopped by sheriff’s deputies.
“It looks like you’re carrying a gun in your back pocket,” the Columbia County deputy told him, according to body-worn camera recording of the 2022 incident in Lake City, Florida. “I’m stopping to make sure you’re carrying it properly.”
Hodges, a disabled Navy veteran now living in North Georgia, responded, “Have you ensured that it’s not a firearm?” The video shows him pulling the object from his back pocket and showing it to the deputy.
It was a red and white collapsible cane. Hodges is visually impaired.
“I can’t see at all in the dark,” Hodges said. “I had to walk up to the jury duty in the dark, so I took my navigation aid with me.”
After Hodges showed he was not carrying a weapon, he said to the deputy, “Have a good day. Am I being detained?” She replied, “Yeah, you are. What’s your name and date of birth?”
Hodges said, “It does not matter.” The deputy replied, “Yes, sir, it does.” Hodges then asked, “Do you have a crime?”
The U.S. Supreme Court has ruled that citizens are not required to identify themselves to police unless they’re being detained for reasonable suspicion of a crime.
Hodges asked to speak with a supervisor. The deputy’s sergeant was already on scene:
- Sergeant: “Sir, what did she stop you for?”
- Hodges: “For a walking stick.”
- Sergeant: “That could look like a weapon. She asked you to present it …”
- Hodges: “Really? Now she’s asking me for ID. I don’t need the ID unless there’s a reasonable, articulated suspicion.”
- Sergeant: “Her suspicion was that you were armed, and she’s asking for your ID.”
- Hodges: “Well, now she has verified that I am not armed, so there is no problem.”
- Sergeant: “Do you have your ID or not?”
The two deputies then handcuffed Hodges, searched his pockets, and retrieved his identification.
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“Mr. Hodges, was that that hard?” the deputy asked, as she and her sergeant prepared to let him go. “It’s gonna be,” Hodges replied. “I want your names and your badge numbers.”
“You know what, put him in jail for resisting,” the sergeant immediately responded. Hodges said he sat in jail for 26 hours before he was released.
Then-Columbia County Sheriff Mark Hunter issued a statement after video of the arrest went viral. “Both deputies will be required to undergo remedial training pertaining to civil rights,” Hunter said, announcing suspensions for the deputies and the sergeant’s demotion.
Hunter said he took full responsibility for the incident; he lost his 2024 reelection bid and left office in January just after a lawsuit filed by Hodges was settled out of court.
Hunter and the two deputies, through their attorneys, declined comment.
Hodges does not appear to be visually impaired; the sergeant asked, “Are you legally blind?” after realizing the suspected gun was a cane.
The Blind, Deaf and hard-of-hearing communities have developed strategies for dealing with police who may not immediately see their disabilities.
Many deaf drivers carry special cards that clearly state “driver is deaf,” along with sentences like, “I am not disobeying you, I simply can’t hear you.” Some police departments have issued laminated cards to officers that include pictures and phrases officers and drivers can point to, along with “yes” and no.”
These methods were developed after multiple incidents where police used force to stop deaf people they believed were disobeying verbal commands.
Alabama has a new law that just went into effect this year, requiring all police officers and deputies in the state to receive disability training. The one-hour “sensory needs” training is required every two years.
The Alabama Institute for Deaf and Blind also conducts training, including blurred or blacked-out glasses for officers so they can experience what a blind person sees. Blind and deaf instructors also share their experiences.
“Training is key to being safe in every scenario,” said Kim Chichester, a completely blind woman from Georgia who delivered a presentation to officers in Alabama. She explained how officers can sometimes approach a blind person without identifying themselves.
“My first reaction as a total blind person, much less a total-blind female, is if someone grabs me, I’m going to immediately turn away and resist,” Chichester said, because she can’t see the badge or uniform.
Oregon now includes instruction for all officers at the state’s police academy. Deaf and blind instructors work at the academy in one of the largest such programs in the nation.
Texas enacted a new law in 2019 to give the power directly to drivers. The Samuel Allen Law is named for the advocate of people who have been diagnosed with Autism/Asperger Syndrome and who has trained law enforcement personnel in dealing with that population segment.
According to the Texas Department of Motor Vehicles, the law allows anyone diagnosed with a communication challenge with the option for disclosure when registering their vehicle with the department.
Georgia has no training requirement for police officers to recognize invisible disabilities.
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