The Olmstead Decision
Posted November 25, 2011 by Mandy Smith in Advocacy
Twelve years ago, the United States Supreme Court rejected the state of Georgia’s appeal to enforce institutionalization of individuals with disabilities and affirmed the right of individuals with disabilities to live in their community in its 6-3 ruling against the state of Georgia in the case Olmstead v. L.C. and E.W.
The Olmstead Decision gave people with disabilities the tools necessary to demand what is rightfully theirs—the right to live independently in their community. The Supreme Court affirmed the ruling of the lower courts that Georgia had violated the integration mandate under Title II of the federal Americans with Disabilities Act (ADA), which states that states must develop comprehensive plans to end unnecessary institutionalization at a “reasonable place” with the goal of integrating individuals with disabilities into mainstream society to the fullest extent possible.
While it is frustratingly sad that this action took place only 12 years ago, what’s even worse is that our State continues in ongoing violations of the ADA and the Olmstead decision. Over 5,000 Kansans with disabilities are on years long waiting lists of in home services; however, the state will provide immediate institutional care, a clear civil rights violation.
In fact, Kansas has a program that will provide in home services to individuals but only AFTER a 90 day nursing home stay. We will allow someone to lose all of their possessions and frequently their home and become institutionalized for 90 days, and then assist them financially to transition to in home services, another clear civil rights violation.
While disability may not directly affect you, it almost certainly affects someone you care about. It is up to the disability community; those with disabilities and the loved ones and advocates of those with disabilities, to stand up for the civil rights of all Kansans. Across the state, Centers for Independent Living have assisted Kansans in filing over 600 Olmstead complaints.
If you have been denied services that would allow you to remain in your home, please consider filing a Civil Rights Complaint with the Office of Civil Rights. Your local Center for Independent Living can help you find the information.