dLCV Responds to DOJ Memo Attacking Longstanding Protections for People with Disabilities

The disAbility Law Center of Virginia (dLCV) is deeply concerned about an internal memorandum circulated at the end of last week by the Department of Justice (“DOJ”). In it, the DOJ boldly states that Federal courts and the Department of Justice have been misinterpreting the Americans with Disabilities Act (“ADA”) for decades.  Twenty-seven years ago, in Olmstead v. L.C., the Supreme Court held that unjustified institutionalization is a form of discrimination under the ADA.

Since that time, Federal courts and the Federal government have held states to the “integration mandate” – a directive that states must serve people with disabilities in the most integrated environment possible.  The DOJ’s new memorandum indicates that this “integration mandate” does not exist, placing people with disabilities at higher risk of institutionalization. While the DOJ’s memorandum does not reverse the rights gained in Olmstead v. L.C., it does signal that the federal government may begin to support unnecessary institutionalizations of people with disabilities.

Lois Curtis and Elaine Wilson, the two brave women who fought for the rights enshrined in the Omstead ruling, certainly did not offer up their lives and struggles to the public and the courts just to have their winning case undermined twenty-seven years later.

If you want to learn more about Olmstead v. L.C. and how it changed the landscape of civil rights for people with disabilities, you can read about it on our blog.

dLCV continues to advance disability rights through its advocacy, including resisting the interpretation contained in the DOJ memorandum and protecting people with disabilities’ rights to be served in the community.  Our mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.  If you feel your rights have been violated, please contact us through a Get Help form!

This post was created by dLCV utilizing unrestricted non-federal resources.