Nearly 30 years ago, the Supreme Court reinforced that people with disabilities should learn, live, and work in their communities, rather than in segregated institutions.
The “integration mandate”, handed down in the Olmstead decision, bans unnecessary segregation of people with disabilties and requires states and local governments to provide people with disabilties with community-based services and settings. Community-based services may look like a nurse coming to a person’s home to help them with personal-care services. Community-based settings, such as home modifications, help ensure people with disabilities remain integrated into their communities.
But now, the services that more than 8 million Americans rely on are being challenged. A group of Republican-led states has brought forward a lawsuit, Texas v. Kennedy, in which they argue that the federal government cannot require states to provide disability services within communities. The Department of Justice has also issued a legal opinion aligning itself with the states in this case and says it will no longer enforce the Olmstead ruling in the way it has for the past two decades.
“We recognize that this view of Olmstead’s import is out of step with the common understanding of that decision within the federal courts,” the Justice Department wrote in the memo.
NPR recently featured two siblings who are now fighting to keep their disability rights.
“The integrated setting affects school. It affects where you can work. It affects community-based programs like what my brother uses,” Kaleigh Brendle told NPR.
Disability rights advocates are now raising the flag about the dangers of this lawsuit and changes at the Justice Department.
The National Down Syndrome Society recently said in a statement:
“Community living is essential in helping individuals with Down syndrome thrive, and NDSS will continue to protect the legal right that individuals with disabilities have to receive services and live alongside their peers.”
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