A 1999 U.S. Supreme Court case (Olmstead v. L.C.) ruled that isolating people with disabilities by unnecessary placing them in institutions is a form of discrimination, under the Americans with Disabilities Act (ADA). People with disabilities have the right to live in and receive services in the community. The ADA’s integration mandate requires public services to be available in the most integrated setting possible and prevents states from refusing to provide community services.
On June 18, the US Department of Justice (DOJ) published an opinion that argues Congress did not make the integration mandate law when it passed the ADA, and public services should not have to be provided in the community.
The DOJ opinion is alarming and could affect the protections the Olmstead ruling has provided for over 27 years. It’s important to remember that the DOJ opinion is not a court decision or ruling, it does not overturn or replace any elements of the ADA, Section 504, or any other disability-rights legislation. It also does not erase the Olmstead ruling or change any current policies. We encourage ECI participants to contact their federal representatives to share their concerns regarding the DOJ opinion and the importance of community-based services.
Click here to read the memo on the DOJ website Click here to find your legislators and their contact information
