Disability Rights Wisconsin joins in the chorus of outrage against the recent opinion issued by the U.S. Department of Justice’s Office of Legal Counsel regarding community integration. The opinion represents a direct threat to one of the most fundamental rights of people with disabilities: the right to self-determination and to live in the community. This right was solidified in the landmark 1999 case Olmstead v. L.C., when the U.S. Supreme Court affirmed that unjustified segregation of people with disabilities is a form of discrimination.
The facts are clear:
- Olmstead v. L.C. remains binding precedent and the law of the land.
- Its protections extend to all people with disabilities, including those with mental health conditions.
- The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act remain fully in force.
- Federal regulations still require services to be provided in the most integrated setting appropriate for the individual.
While the Office of Legal Counsel does not create law, its opinions influence how federal agencies interpret and enforce it. Agencies may rely on this opinion when making decisions about funding and oversight of state obligations to provide community-based services.
If that happens, access to these essential services will be threatened, putting people with disabilities at risk of unnecessary institutionalization and limiting their ability to live independently in their communities.
Now is the time to raise our voices and defend the rights that have been hard-won.
Read the National Disability Rights Network’s statement on Facebook.