Committee tables "Eric’s Law" after disability advocates raise privacy and implementation concerns

Lawmakers tabled H.B. 280, a proposal to allow a voluntary hidden‑disability marker (a butterfly symbol) on Delaware driver’s licenses and identification cards, after testimony from disability advocates raised concerns about privacy, stigma and administrative implementation.

Representative Chiwoque introduced the bill, modeled on Maryland’s program, and said the symbol is intended as an “approach with care” notice, not a medical diagnosis. The sponsor also cited a DMV fiscal estimate for implementation between $175,000 and $225,000 to cover programming, card redesign and infrastructure updates.

Rachel Engel, fiscal adviser and policy lead for the Delaware Developmental Disabilities Council, told the committee the draft amendment did not address major concerns. Engel said the state already operates a blue‑envelope program created with the state police and the University of Delaware and warned that placing a marker on an ID could inadvertently disclose disability status in employment, retail, or other everyday settings, exposing people to stigma or discrimination. The council recommended broader public education about benefits and risks, accessible opt‑out procedures (not only written notice), and inclusion of people with disabilities in training design.

John McNeil of the State Council for Persons with Disabilities echoed concerns about training and communication and said the councils would file formal comments. Linda Carpenter Grantham, mother of the Maryland advocate behind the original law, gave emotional testimony about her son’s experience and urged voluntary adoption, but expressed why families sought the option.

After extended discussion, Representative Chiwoque said the sponsor would work with disability stakeholders; the committee voted to table H.B. 280 to permit further engagement and amendment drafting.