[NYAPRS Enews] On Olmstead Anniverary, Obama Administration Recommits to ADA Policies

[Harvey Rosenthal]

On Anniversary of Olmstead, Obama Administration Recommits to Assist
Americans with Disabilities

June 22, 2011

 

On June 22, 1999, the Supreme Court ruled in Olmstead v. L.C. that,
under the Americans with Disabilities Act (ADA), the unjustified
institutional isolation of people with disabilities was a form of
unlawful discrimination.  Since taking office, the Obama Administration
has taken many steps to uphold both the letter and the spirit of the
ADA.

 

"The landmark Olmstead case affirmed the rights of Americans with
disabilities to live independently," said President Obama. "On this
anniversary, let's recommit ourselves to building on the promise of
Olmstead by working to end all forms of discrimination, and uphold the
rights of Americans with disabilities and all Americans."  

 

Since the Olmstead ruling, much progress has been made. Many individuals
have successfully transitioned to community settings, but waiting lists
for community services have grown considerably and many individuals who
would like to receive community services are not able to obtain them.

 

On Monday, the President met with Lois Curtis, one of the original
plaintiffs of the Olmstead case. In March 2011, Ms. Curtis who lives
with mental and developmental disabilities, finally began living in the
community - 11 years after the initial decision. She now sells her
artwork and serves as a prime example of how persons can become more
productive members of society once they are able to live in community
based settings. 

 

The Department of Justice also continues to enforce the ADA and
Olmstead.  In October of last year, the Department entered into a
comprehensive settlement agreement with the state of Georgia's mental
health and developmental disability system, resolving a lawsuit the
United States had brought against the state.  The lawsuit alleged
unlawful segregation of individuals with mental illness and
developmental disabilities in the state's psychiatric hospitals in
violation of the ADA and Olmstead.  In the last two years, the
Department has joined or initiated litigation to ensure community-based
services in over 25 cases in 17 states.

 

In 2009, the President launched the "The Year of Community Living," a
new effort to assist Americans with disabilities.  In the time since
then, the Department Housing and Urban Development, and the Department
of Health and Human Services released $40 million in Housing Choice
vouchers for 5,300 people over 12 months, As part of the "Year of
Community Living", HHS Secretary Sebelius created the "Community Living
Initiative" to coordinate the efforts of Federal agencies and
underscored the importance of the ADA and Olmstead and affirmed the
Administration's commitment to addressing isolation and discrimination
against people with disabilities across the age span. The Money Follows
the Person Rebalancing Demonstration Program, through funding awards to
States, has also helped almost 12,000 individuals transition from
institutions to the community.

 

 

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