Advocates welcome the Justice Department’s increased focus on disability rights, coinciding with the 25th anniversary of the Supreme Court’s Olmstead v. LC decision, but say the move shows that many barriers remain. (Thinkstock)
A quarter century after a landmark U.S. Supreme Court decision affirming the right of people with disabilities to live in their communities, federal authorities are cracking down on violations of the Americans with Disabilities Act in several states.
The Department of Justice recently announced that an investigation found that Utah and Missouri unnecessarily segregate people with disabilities, and the Department has also taken steps to protect the rights of voters with disabilities in Alaska, Ohio, and Alabama.
The move comes 25 years after the Supreme Court’s decision in Olmstead v. LC, in which the Court held that unjustified segregation of people with disabilities constitutes discrimination in violation of the ADA. The Court ruled that, where appropriate, states must provide services to people with disabilities in the community if the person does not object and if community-based services can be “reasonably accommodated.”
ADVERTISEMENT – CONTINUE READING BELOW
In Utah, the Department of Justice found that the state violated the ADA by “unnecessarily segregating adults and youth with intellectual and developmental disabilities in employment and day care settings and, to the extent possible, preventing them from interacting with non-disabled persons.”
Federal officials said states rely too heavily on sheltered workshops and day programs where people with disabilities have few choices about how they spend their time, and studies have concluded that young people with disabilities are at risk of unnecessary segregation as they transition to adult services.
The Justice Department pointed to guidance it issued last year that addressed how the Olmstead ruling’s requirements apply to publicly funded employment and day services.
“Full inclusion in society is the central promise of the ADA,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People with intellectual and developmental disabilities are entitled to full inclusion, and to dignity and purpose in deciding where they work and how they spend their days.”
Meanwhile, in Missouri, federal officials found that the state violated the ADA by unnecessarily placing mentally disabled adults in nursing homes. The Department of Justice determined that the state failed to provide the community-based services necessary to meet people’s needs and that its over-reliance on guardianship resulted in the placement of people in nursing homes who could otherwise receive services in the community.
A separate investigation found that Alaska discriminated against voters with disabilities by not providing them with ballots, by selecting polling places that were inaccessible to voters with disabilities, and by making its election website inaccessible to voters with disabilities. The Department of Justice also filed a statement of interest in cases in Ohio and Alabama regarding the right of people with disabilities to receive assistance when voting.
Shira Wakslug, senior legal director and general counsel at The Ark, said the group welcomes the Justice Department’s increased outreach.
“Each action represents important progress toward realizing the Olmsted Promise and ensuring that people with disabilities can live in the communities they choose with the supports they need to thrive,” she said.
But Maria Town, president and CEO of the American Council on Disabilities, said the government’s findings highlight that many barriers remain and that “continued oversight and accountability are needed to deliver on Olmsted’s promise of inclusion.”
“While we are pleased that the Department of Justice investigated and took steps to protect the Olmsted civil rights of people with disabilities, it is tragic that 25 years after the ruling, disability advocates’ demands for true and full social integration remain unmet,” she said. “At the same time, with so many cases coming to light, it also raises questions about what is happening across the country that allows these violations to go unreported or be swept under the rug.”
Read more stories like this: Sign up for Disability Scoop’s free email newsletter to receive the latest developmental disability news straight to your inbox.