Olmstead v. L.C. (1999) affirmed that unnecessary institutionalization can violate Title II of the ADA and recognized the right of disabled people to receive services in the most integrated setting appropriate to their needs.
On July 20, the DOJ announced it would no longer rely on previous Olmstead guidance as an enforcement resource while it reviews that guidance.
To be clear, only the Supreme Court can overturn this decision. However, this memo raises serious concerns about how disability rights protections will be enforced moving forward. Coupled with recent changes in our government that are making it harder for enforcement of the ADA, new obstacles are showing up every day for persons with disabilities.
If this issue resonates with you and you want to continue to support strong, ADA enforcement, reach out to your representatives and public officials.
