In 1999, plaintiffs Lois Curtis and Elaine Wilson, women with both mental health and intellectual disabilities who lived in a state institution, sued the state of Georgia for the right to live in their communities. In Olmstead v. L.C., the Supreme Court found that unjustified segregation of people with disabilities violates the Americans with Disabilities Act and that people with disabilities have a right to receive services in the most integrated setting appropriate to their needs. The Olmstead decision is the guiding light for our mission at ACL. Our networks work every day to provide direct services and legal advocacy while engaging in systems change focused on meaningful inclusion of people with disabilities in all aspects of community life.
This year marks the first anniversary of Olmstead v. L.C. since the plaintiff Lois Curtis passed away. The HHS press release marking this 24th anniversary of the Olmstead decision is below and a blog post from the HHS Office for Civil Rights on this important anniversary has more information on HHS efforts to expand its enforcement, compliance, policy, technical assistance, and outreach efforts to support community living.
HHS Marks 24th Anniversary of the Olmstead Decision
Today, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) celebrates the 24th anniversary of the U.S. Supreme Court’s seminal decision in Olmstead v. L.C., with a new national initiative to help drive compliance with the integration mandate and protect the rights of people with disabilities. Olmstead recognized that Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act protect the right of people with disabilities to receive services in the most integrated setting appropriate to their needs. OCR enforces these statutes as well as Section 1557 of the Affordable Care Act, to ensure that the promise of Olmstead is realized for persons with disabilities nationwide.
“Twenty-four years ago, the Supreme Court affirmed that people with disabilities have a right to live and receive services where they live. The landmark ruling has enabled millions of Americans to have greater independence, autonomy, and opportunities to participate fully in their communities,” said HHS Secretary Xavier Becerra. “Progress has been made, but there is still much work to be done. This new initiative from OCR creates additional opportunities for people with disabilities to live, work, and participate in their communities.”
“The Olmstead decision’s holding that unjustified institutionalization of people with disabilities is illegal discrimination, has changed the lives of hundreds of thousands of people with disabilities who want to live in their own homes and communities,” said OCR Director Melanie Fontes Rainer. “Today, OCR is proudly launching a revitalized Olmstead Enforcement Initiative that will further ensure the rights of people living with disabilities live with purpose and dignity. This Initiative is at the core of OCR’s work and supports the Biden-Harris Administration’s pledge to break down silos and integrate our programs and services to further our commitment to community living for all.”
“Olmstead affirms the right to community living for people with disabilities, but to exercise it, people must have the services and supports they need,” said Alison Barkoff, Acting Administrator for the Administration for Community Living. “That’s why ACL is working to expand and strengthen the workforce of direct care professionals and improve support to family caregivers, who together provide most of the assistance people need to be truly included in their communities. We also are working to increase availability of the services provided through the disability and aging networks, particularly for those in greatest need, and of affordable, accessible housing. We are proud to work with OCR to end the discrimination that often leads to institutionalization.” Read the rest of the HHS press release.
ICYMI: The Senate Special Committee on Aging and the Senate HELP Committee hosted a panel discussion on Tuesday, June 20, about the importance of Olmstead v. L.C. ACL’s Acting Administrator and Assistant Secretary for Aging Alison Barkoff participated as a panelist. The event starts at the 20-minute mark in the video.