- The Case for Inclusion, disabilities, DSPs,
- Olmstead Act,
- accessible housing
On this day, we mark the 24th anniversary of a landmark ruling by the Supreme Court that transformed the lives of people with disabilities across the United States. The case, Olmstead v. L.C., affirmed the rights of individuals with disabilities to live in community-based housing and receive services in the most integrated setting possible under the Americans with Disabilities Act (ADA).
In the early 20th century, people with disabilities and chronic mental health conditions often endured maltreatment in overcrowded institutional settings. By the 1960s, public policy began to shift towards deinstitutionalization, resulting in the relocation of residents to nursing homes. However, individuals in these settings still faced limited freedom and opportunities for independence.
The passing of the Americans with Disabilities Act (ADA) in 1990 aimed to address these challenges by prohibiting disability-based discrimination in the provision of services, programs, and activities. This landmark decision advocated for greater availability of community-based housing, where residents would receive care and support tailored to their unique needs and aspirations, all while fostering a sense of independence and inclusion. Despite this landmark legislation, many states continued to segregate people with disabilities, providing support services only in institutional settings.
In 1995, two women, Lois Curtis and Elaine Wilson, filed a lawsuit in the U.S. District Court for the Northern District of Georgia. Both had developmental disabilities and mental illness and had been voluntarily committed to a psychiatric unit at the Georgia Regional Hospital. Despite being deemed ready for a community-based program, they remained confined in the institution for several more years. They alleged violations of their constitutional rights and discrimination under the ADA.
Lois Curtis took her fight for independence all the way to the Supreme Court, suing Tommy Olmstead, the Secretary of Human Services in Georgia. On June 22, 1999, the U.S. Supreme Court delivered a groundbreaking 6-to-3 decision, rejecting Georgia's appeal. The court ruled that states and localities are obligated to provide services to people with disabilities in their homes and communities, not just in institutions. Justice Ruth Bader Ginsburg authored the opinion, which recognized mental illness as a disability for the first time and declared the "unjustified isolation" of people with disabilities as discrimination.
Thanks to the ADA and the Olmstead decision, community-based living is an attainable reality for people with disabilities. Today, on the 24th anniversary of this historic ruling, we celebrate it as a day of independence and progress.
Nevertheless, we must remain vigilant in safeguarding these hard-won rights. Together, let us continue to champion the rights of individuals with disabilities, promote inclusivity, and build a society where everyone can thrive, live with dignity, and participate fully in their chosen communities.
SOURCES:
https://www.olmsteadrights.org/about-olmstead/
https://archive.ada.gov/olmstead/olmstead_about.htm
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